Explicit DVD (the Site) is a classified posting web site containing user-generated content such as listings, classifieds and comments. The Site is owned and operated by Ecom Group.

Please read these Terms of Use carefully before accessing or using the information, content, services and forums available through the Site. If you are under 18 years of age, you must not access or use this Website.

Important Notice: these Terms of Use constitute a legally enforceable agreement with Explicit DVD. If you do not agree with any of these Terms of Use, you are not permitted to use the Site and should immediately exit from it.

By accessing and using the Site you agree that your access and use is governed by these Terms of Use. Your use by accessing, browsing, opening or otherwise using any part of the Site is evidence of your acceptance of these Terms of Use.

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Modifications

Explicit DVD may modify these Terms of Use at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after the Terms of Use have been modified, you agree to be bound by the modification. A copy of the current Terms of Use is displayed on the Site at all times.

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Prohibited Conduct

You must not:

• Use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party’s rights, are contrary to any relevant standards or codes;
• Use another’s name, username or password without their permission;
• Tamper with, hinder the operation of, or make unauthorized modifications to the Site;
• Knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site;
• Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
• Modify, adapt, translate, or reverse engineer any portion of the Site;
• Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
• Collect any information about other users (including usernames and/or email addresses) for any purpose other than to enquire about a listing;
• Reformat or frame any portion of the web pages that are part of the Site;
• Create a Classified by automated means or under false or fraudulent pretenses;
• Use of the Site or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
• Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• Post a classified related to any form of “sex service”.
• Use the Site otherwise than in accordance with these Terms of Use; or attempt any of the above acts or permit another person to do any of the above acts.
• Use your classified to contact and sell to persons under the age of 18 years.
• Sell Ilegal pornography, including but not limited to child porn.

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Content of Classifieds

When using the Site you must not post content for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting your obligations, you agree that it is an express condition of your use of the Site that you will not:

• Post irrelevant, untruthful or misleading or deceptive content;
• Violate the legal rights of others;
• Impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;
• Defame, threaten, harass, stalk or flame any other user;
• Publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person’s intellectual property rights.
• Publish, post, distribute or disseminate any material or information relating to the products or services of a competitor to your business (or a competitor of the business you are engaged or employed by);
• Upload or attach files that contain material protected by intellectual property laws unless you own or have all required licenses or consents to use such material;
• Upload or attach files that contain viruses, corrupted files, or any other similar software or programs containing harmful or damaging components designed to interpret, impair, destroy or limit the functionality or operability of any computer system, software, hardware or telecommunications equipment;
• Advertise, solicit business, offer to sell any goods or services (except to the extent you are permitted to do so pursuant to a current Merchant Agreement between you and Explicit DVD);
• Post or send any SPAM, junk mail, chain letters or pyramid schemes;
• Conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
• Recruit other users to join another web site, whether personal or otherwise; or
• Post a classified related to any form of “sex service”.
• Must not direct the content toward those under the age of 18 years.
• Post content that is found to be against the law, matters will be refered to the Police.
• You must not post any content that us not commercally available in Australia.
• You must not post a classified to sell personally filmed footage.

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Illegal Activity

If you are suspected to be using Explicit DVD to arange or sell any form of illegal media or service, (e.g Child Porn) your listing will be pulled and your details refered to the Authourities (Crime Stoppers). Our stance is firm as Explicit DVD does not want any interaction of this sort on our website. No refund of your listing wll be issued. Any matters or content that we are unsure of will be refered aswell.

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Our use of your information

We retain the right at all times to monitor, retain and disclose any information as necessary for us to satisfy our obligations under any applicable laws. More information about the information we collect from you and what we do with that information is set out in our privacy policy.

You acknowledge that all Classifieds are public and not private communications. Information or postings submitted by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in any content classified for any reason. We reserve the right to terminate, without prior notice your listing.

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Intellectual Property Rights

Unless otherwise stated, Explicit DVD owns or has a valid licence to use all copyright in the content of the Site and trade marks used on the Site. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Explicit DVD, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).
We grant you permission to do the following with the material on the Site:

• Store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
• Print hard copies of material for your personal information, but not commercial use.

When you contribute classifieds or any content to the Site, you grant Explicit DVD a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails and posts to our forums), in any form, and by any current or future media or technology.
You consent to Explicit DVD not attributing your authorship to any of your Classifieds to this Site.

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No endorsement

The display of third party Merchant trade marks on the Site does not constitute or imply Explicit DVDs endorsement of or affiliation with such merchant or business (except to the extent that merchant is permitted to display content on the Site pursuant to their Merchant Agreement with Explicit DVD).
Inclusion of a third party link on the Site does not constitute Explicit DVD endorsement of that site or the merchant, products, services or information contained or listed on that linked to site.

Explicit DVD does not any endorse any pornographic content on this Site however will not restrict users from posting pornographic content on their classifieds.

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Limitation of Liability

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use the Site or the content, Classifieds or material on or accessible through the Site (including search results, Classified content, user rating, any other content or transactions conducted through a linked site). You also accept all risks and associated to with conducting a sale of adult content through our website, including but not limited to, payment problems, non-delivery and selling to underage persons. You agree and understand that Explicit DVD has no role and is exempt from all responsility regarding the sale of Adult DVD’s, and is not involved in the payment or age vertification of the buyer.

Except as expressly stated in these terms, Explicit DVD will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or materials of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.

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Links to External Sites

Where the Site includes links to other web sites, Explicit DVD does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material on these other web sites. These sites are maintained by third parties and are not under the control of Explicit DVD. Explicit DVD is not responsible for the content of any linked site or any link contained in a linked site.

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No SPAM

Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.

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Indemnity

By entering and using the Site and any information or services offered via the Site, you must indemnify Explicit DVD against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, criminal charges, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Site and its information, services, content or materials.

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Warranties

Explicit DVD provides the Site on an “as is” basis without any express or implied warranty of any kind. While Explicit DVD exercise all due care and precautions, Explicit DVD cannot and does not guarantee or warrant that files posted to and/or available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.

In compiling content for the Site, Explicit DVD relies on information supplied by a number of external sources and content posted by third parties, including the content of any Classifieds or comments. As Explicit DVD does not control the content posted by third parties on the Site, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content. We do not warrant the information provided on the Site is free from human or automated error. You must not rely on any information presented on the Site. Reliance is solely at your own risk.
Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of Explicit DVD for any breach of the condition or warranty is limited to, at Explicit DVD’s option either:

• The resupply of the services; or
• The reasonable cost of having the services resupplied.

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Adult Content

Our site contains adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you.

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Severability

If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.

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Governing Law

This agreement is governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of Queensland, Australia.

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Information Use

We welcome your feedback regarding our Site. If you provide feedback or send comments to us, you agree that Explicit DVD is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.

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Privacy

The Explicit DVD Privacy Policy forms part of these Terms of Use.

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