Terms of Use

These terms are effective October 31, 2010

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY CO-LOCO. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.CO-LOCO.COM AND ALL SERVICES PROVIDED BY CO-LOCO ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site.

Use. As a condition of your use of co-loco you agree that you will not:

violate any laws;
post any threatening, abusive, defamatory, obscene or indecent material;
be false or misleading, including using a false email address or impersonating any person or entity or misrepresenting your affiliation with any other person or entity;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
use any mechanism, device software or script to affect the proper functioning of co-loco including taking any action which may infect co-loco with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information and hence harm co-loco or the interests of property of co-loco users;
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with co-loco or co-loco’ services, or any content of co-loco or any of its domains, or make any unauthorised use of co-loco or co-loco’ services or any content of co-loco or any of the domains of co-loco;
impose an unreasonable load on our infrastructure or interfere with the proper working of co-loco;
copy, modify, or distribute any other person's content without their consent;
use any robot spider, scraper or other automated means to access co-loco and collect content, including without limitation any information residing on any server or database connected to co-loco or the services offered on or through co-loco, for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse co-loco or networks connected to co-loco or interfere with any other party’s use and enjoyment of co-loco or any of its services;
obtain or attempt to obtain unauthorised access to computer systems, materials or information through co-loco by any means;
bypass measures used to prevent or restrict access to co-loco;
other than as expressly allowed in these terms, and unless otherwise indicated, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through co-loco;

You are solely responsible for all information that you submit to co-loco and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of co-loco either temporarily or permanently, or refuse a user’s registration.

co-loco reserves the right to remove any postings that we feel are not relevant, or of value to the co-loco community, with or without notice

Abuse. co-loco and the co-loco community work together to keep co-loco working properly and the community safe. Please report problems, offensive content and policy breaches by emailing us at hello[at]co-loco.com

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off co-loco if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off co-loco or not, we do not accept any liability for monitoring co-loco or for unauthorized or unlawful content on co-loco or use of co-loco by users.

Content. co-loco contains content from us, you, and other users. co-loco is protected by copyright laws and international treaties. Content displayed on or via co-loco is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from co-loco without our express written consent, unless indicated otherwise. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in co-loco. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of co-loco (other than your own content).

License. co-loco does not claim ownership rights in your content. By submitting any content (including without limitation, any photograph, words, pictures or symbols) to co-loco - you grant co-loco a license solely to enable co-loco to use any information or content you supply co-loco with, so that co-loco is not violating any rights you might have in that content. You grant co-loco a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, and to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content in any form, in all media now known or not currently known. You agree to allow co-loco to store or re-format your content on co-loco and display your content on co-loco in any way as co-loco chooses. co-loco will only use personal information in accordance with co-loco's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another co-loco user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for co-loco-related communications. co-loco has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any co-loco user to your email or physical mail list. For more information, see co-loco's Privacy Policy.

License: co-loco does not claim ownership rights in your content. By submitting any content (including without limitation, any photograph, words, pictures or symbols) to co-loco - you grant co-loco a license solely to enable co-loco to use any information or content you supply co-loco with, so that co-loco is not violating any rights you might have in that content. You grant co-loco a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, and to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such content in any form, in all media now known or not currently known. You agree to allow co-loco to store or re-format your content on co-loco and display your content on co-loco in any way as co-loco chooses.

Re-Posting Content. By posting content on co-loco, it is possible for an outside website or a third party to re-post that content. You agree to hold co-loco harmless for any dispute concerning this use. If you choose to display your own co-loco-hosted image on another website, the image must provide a link back to its listing page on co-loco.

Idea Submissions. co-loco considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via co-loco or otherwise (other than the content for advertisements posted by users) (collectively, the "Material") to be non-confidential and non-proprietary, and co-loco shall not be liable for the disclosure or use of such Material. If, at co-loco's request, any member sends Material to improve co-loco (for example through forums or to customer support), co-loco will also consider that Material to be non-confidential and non-proprietary and co-loco will not be liable for use or disclosure of the Material. Any communication by you to co-loco is subject to this Agreement. You hereby grant and agree to grant co-loco, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Liability Disclaimer. We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on co-loco comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, morality or legality of any aspect of the listings, the truth or accuracy of the listings. co-loco does not pre-screen users or the content or information provided by users. co-loco cannot ensure that a member will actually complete a transaction.

co-loco cannot guarantee the true identity, age, and nationality of a user. co-loco encourages you to communicate directly with potential transaction partners through the tools available on co-loco.

You agree that co-loco is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on co-loco. You use the co-loco service at your own risk.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision goods or services on co-loco which cannot be excluded, restricted or modified by co-loco (Non-excludable Rights).

co-loco does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

all content and services on co-loco is provided “as is” and without warranties of any kind, either express or implied;
co-loco and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
co-loco does not warrant that the functions contained in any content or your access to co-loco will be uninterrupted or error-free, that any defects will be corrected or that co-loco or the server which stores and transmits content to you are free of viruses or any other harmful components; and
co-loco does not warrant or make any representation regarding your access to, or the results of your access to, co-loco (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of co-loco) will co-loco or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of money (including profits), goodwill, or reputation whatsoever which result from any use or access of, or any inability to use or access, co-loco or the content.

To the fullest extent permitted by law, co-loco’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of co-loco to the following in the case of services supplied or offered by co-loco:

the supply of the services again;
the payment of the cost of having services supplied again;

Personal Information. By using co-loco, you agree to the collection, transfer, storage and use of your personal information by co-loco, further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

General. These terms and the other policies posted on co-loco constitute the entire agreement between co-loco and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of New South Wales, Australia. You agree that any claim or dispute you may have against co-loco must be resolved by the courts of New South Wales, Australia. You and co-loco both agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on co-loco, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Please contact us at hello[at]co-loco.com if you have any questions.