You must read, agree with and accept all of the terms and conditions contained in this User Agreement.
Description of Service
EzyRecord Pty. Ltd. (‘EzyRecord’) provides users with unique online resources for the purpose of storing and reuniting lost or stolen property with their respective owners (the ‘Service’). Using personalised content and communication tools, EzyRecord provides a forum in which individuals can store personal items and search for lost or stolen items that have been registered on EzyRecord’s lost and stolen global database.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service, mobile fees, etc.). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended EzyRecord users. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as a registration requirement (b) maintain and promptly update your user profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EzyRecord has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EzyRecord has the right to terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Your personal privacy is an important part of our philosophy. Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
Your email address and password is required for the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EzyRecord of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EzyRecord cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, software, photographs, graphics, video, messages or other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not EzyRecord, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. EzyRecord does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EzyRecord be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an EzyRecord official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (‘Rights’) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; upload, post, email, transmit or otherwise make available any material that contains embedded images; and interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and intentionally or unintentionally violate any applicable local, provincial, national or international law.
You acknowledge that EzyRecord shall have the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, EzyRecord shall have the right to remove any material it deems objectionable. You agree that you must evaluate and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by EzyRecord or submitted to EzyRecord.
You acknowledge and agree that EzyRecord may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of EzyRecord, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
EzyRecord does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant EzyRecord the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on EzyRecord.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting EzyRecord. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove, or EzyRecord removes, such Content from the Service.
With respect to photos, graphics, or video you submit or make available for inclusion on EzyRecord.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or EzyRecord removes such Content from the Service.
With respect to Content other than photos, graphics, or video you submit or make available for inclusion on EzyRecord.com, the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold EzyRecord and its parent company, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal 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, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that EzyRecord has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that EzyRecord reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
EzyRecord reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EzyRecord shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that EzyRecord, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EzyRecord believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. You agree that any termination of your access to the Service under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that EzyRecord may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EzyRecord shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EzyRecord has no control over such sites and resources, you acknowledge and agree that EzyRecord is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EzyRecord shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (‘Software’) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EzyRecord or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
EzyRecord grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by EzyRecord for use in accessing the Service.
The EzyRecord logo, trademarks and service marks and other EzyRecord logos and product and service names are trademarks of EzyRecord. (the ‘Internet EzyRecord Marks’). Without EzyRecord’s prior permission, you agree not to display or use in any manner, EzyRecord’s Marks.
The User Agreement constitutes the entire agreement between you and EzyRecord and governs your use of the Service, superseding any prior agreements between you and EzyRecord. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The User Agreement and the relationship between you and EzyRecord shall be governed by the laws of the state of South Australia without regard to its conflict of law provisions. You and EzyRecord agree to submit to the personal and exclusive jurisdiction of the courts located within the state of South Australia, Australia. The failure of EzyRecord to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
EzyRecord.com is independent and does not represent or provide lost / stolen and found services to or on behalf of any third party. The EzyRecod site acts as a venue to allow anyone to store and search for lost and stolen items, at any time, from anywhere. We do not have an inventory of lost /stolen and found objects. We are not involved in the actual exchange of lost /stolen and found objects or information. As a result, we have no control over the quality, safety or legality of the items advertised, or the truth or accuracy of the listings. We cannot ensure that an EzyRecord user will actually complete an exchange, nor can we ensure that users will act lawfully and in good faith. EzyRecord is not responsible for any fraud or other unlawful activity of users of the site.
Each person is responsible for his or her own safety and in taking reasonable precautions to ensure his or her own safety. Please use caution and common sense when using our site. Please note that there are risks of dealing with people acting under false pretence. Do not, under any circumstances, send money to any person requesting payment to return lost or stolen property. Please report any suspicious activity to your local police department. WE URGE THAT EXCHANGES OCCUR ONLY AT SECURE AND SAFE LOCATIONS.
Since user verification on the Internet is difficult, EzyRecord cannot and does not confirm each user's purported identity.
The Fast Browse, Search and Advanced Search functions are used to search for potential lost or stolen items against those listed in the EzyRecord global database. Because of the limitations of a particular listing, it is possible for the service to omit a possible match. For example, errors in a particular data / search-field or other description of property will interfere with the matching process. The matching service will also not work if the lost or stolen item is incorrectly placed, or put in the wrong Category / Sub Category.
Any rewards offered in the lost or stolen listing (‘Reward Offered’) are solely the responsibility of the listing person. You acknowledge that EzyRecord is not responsible for and cannot guarantee or otherwise facilitate the payment of Rewards.
Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
You expressly understand and agree that: