1 You must access and use Surplus Nerds only in accordance with these terms and conditions (“Terms and Conditions”) the Site Terms and Conditions and any instructions for use provided or made available by Surplus Nerds or its affiliates (“Surplus Nerds”) from time to time.
2 Without limiting the above, anything posted on Surplus Nerds and in any links are for general information only and should not be taken as constituting professional advice. You should always do your own research when making any financial decisions and consider speaking to a licensed financial advisor.
3 SurplusNerds.com takes a lot of time, energy and money to keep operating. The site, may at its sole discretion earn income through affiliate relationships with some of the companies mentioned on the site. Surplus Nerds will only recommend affiliates that are a company or offer a service we think can assist our audience. Links to businesses or third parties may include an affiliate link where Surplus Nerds will receive a commission or benefit if you make a purchase.
4 In respect of data, text, emails, files, names, likenesses, logos, artwork, graphics, images, video, audio, HTML or other web design code, image maps, software applications and other content or material uploaded, sent or communicated by you or on your behalf to the site or the Forum (“User-Generated Content”), you acknowledge and agree that you are responsible for:
(1) the suitability, installation, configuration, uploading, downloading, use, operation, communication, accuracy and legality of the User-Generated Content, and that Surplus Nerds does not monitor, install, configure, download, review, authorise, edit or alter User-Generated Content; and
(2) the back up of the User-Generated Content and any other date or files, unless otherwise expressly agreed by Surplus Nerds.
5 You authorise and license Surplus Nerds to copy, reproduce, communicate, distribute, perform and display the User-Generated Content for the purposes of providing the site and any associated services to you.
6 You warrant that the User-Generated Content and your use of the User-Generated Content in the site:
(1) complies with all Applicable Laws;
(2) is not obscene, indecent, unsuitable for minors, excessively violent, false, misleading, deceptive, fraudulent or defamatory;
(3) does not infringe any intellectual property rights or other rights of any entity or person;
(4) does not include pornography, nudity, adult sexual content or any sex-related merchandising;
(5) is not damaging to Surplus Nerds servers or any other servers on the internet;
(6) does not contain any promotional material or advertising for commercial purposes or personal financial gain; and
(7) does not advertise used goods or seek to purchase used goods from other Members; and
(8) does not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in willful harm to Internet sites or providers.
7 Surplus Nerds may without notice to you remove, amend, alter or deny access to any User-Generated Content or Content in its sole discretion if:
(1) it is required to do so by any Applicable Law or order or judgment of a Court or tribunal of fact or law or other competent body (including any “take down notice” issued under the Broadcasting Services Act 1992 (Cth)); or
(2) in Surplus Nerds opinion any such User-Generated Content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable (including if it contains information about brands or alternative product systems which are in competition with Surplus Nerds or Surplus Nerds products).
8 Surplus Nerds may terminate these Terms and Conditions and your access to the Site and Content at any time without notice. In the event of termination you must immediately cease accessing and using the Site and Content and (at Surplus Nerds option) return any hard copies of the Content or destroy any hard copies and any other electronic copies of the content within your control or possession. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in these Forum Terms and Conditions will survive.
10 Surplus Nerds will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with:
(1) receiving, giving or using any opinion, view, advice or other material expressed on the Forum; or
(2) access to or non-access to the Forum or this site, except for any liability which cannot be excluded by law.11 If any term, condition, or provision of these Terms and Conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired.