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| WHAT YOU SHOULD KNOW |
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Welcome to Redapplelistings.com (the "Web Site"). The goal of this Web Site is to provide you with access to the most comprehensive network of real estate products/services and related links to meet your needs (the "Content"). Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. |
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Red Apple Listings ("We", "Us", "Our") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. |
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| TRADEMARKS, COPYRIGHTS AND RESTRICTIONS |
This Web Site is controlled and operated by Red Apple Listings, 300 Gatehouse Place, Maribyrnong, Victoria, Australia 3031. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Red Apple Listings or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Red Apple Listings. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Red Apple Listings or the Providers. Without the prior written consent of Red Apple Listings or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of Red Apple Listings and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Red Apple Listings that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Red Apple Listings retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Red Apple Listings. |
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| PROHIBITED ACTIVITIES |
You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law. |
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| LINKS |
| This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Red Apple Listings control, and Red Apple Listings is not responsible for, and does not endorse, such content, whether or not Red Apple Listings is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Red Apple Listings, or its affiliates or Providers. |
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| DISCLAIMER OF WARRANTIES AND LIABILITY |
Or any other linked site (including, without limitation, use of or access to any related software or hardware) by way of example, and without limiting the generality of the foregoing, Red Apple Listings and related persons and entities shall not be responsible or liable for any claim or damage apprising from failure or performance error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this web site. You expressly acknowledge and agree that Red Apple Listings is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Red Apple Listings liability is limited to the greatest extent permitted by law. |
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| INDEMNIFICATION |
You agree to indemnify, defend, and hold harmless Red Apple Listings, the Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms |
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| THIRD PARTY RIGHTS |
These Terms are for the benefit of Red Apple Listings, its Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. |
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| ACCURACY OF INFORMATION |
Red Apple Listings assumes no responsibility for the accuracy of information regarding the establishments contained within the site's database. All information contained herein is user entered. By using this site, the user agrees to hold Red Apple Listings harmless in the event of discrepancy or error in the information contained. |
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| LEGALITY |
We are a directory and an information provider, we are not a law firm and hence not offer legal advice nor do we guarantee the legality, or worth, of any investment, nor any investment company, nor do we guarantee the accuracy of the content of any article or promotion which appears on our website. The verification of all information and its legal bearing is the sole responsibility of the visitor |
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| INDEMNITY |
By making any form of submission to Red Apple Listings you agree to indemnify and hold Red Apple Listings and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another. |
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| ADVERTISING VENUE |
Our site acts only as a real estate directory and venue for real estate listings and links to other related services. We are not involved in the actual real estate transaction. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of owners to sell or rent items or the ability of interested parties to buy or rent items. We cannot ensure that a transaction will actually be completed or make any guarantee of sale or rental of your advertised property. |
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| RELEASE |
Because we are not involved in the actual transaction, in the event that you have a dispute with one or more users, you release Red Apple Listings (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. |
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| INFORMATION CONTROL |
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and due diligence when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. |
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| INTERNATIONAL USE |
Red Apple Listings makes no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. |
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| CHARGES, BILLING AND CANCELLATION |
Red Apple Listings reserves the right to change our fees or billing methods at any time. Red Apple Listings will provide notice of any such change in advance by email. If you do not like the changes in fees or billing methods, you may cancel your account at any time, but Red Apple Listings will not refund any portion of the fee when you cancel your account. You understand and agree that the cancellation of you account is the sole right and remedy in respect to any dispute with Red Apple Listings. As an account holder you are responsible for all charges incurred made by you or anyone who has access to use your account. This means that unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all changes on your account. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility and are not part of the fee charged for your Red Apple Listings account. |
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Red Apple Listings reserves the right to offer free or discount promotional advertising to selected properties at the sole discretion of Red Apple Listings. |
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| TERMINATION |
Red Apple Listings reserves the right, in its sole discretion, to terminate your access to all or part of this site, and to remove any of your ads or close your account, with or without notice. If Red Apple Listings removes your ad or terminates your account, you will receive a refund for the unused portion of your most recent payment(s). |
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| ENTIRE AGREEMENT |
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Red Apple Listings, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding. |
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