|Terms & Conditions|
Section 1. Use of Material.
You must be over eighteen years of age to access the Site. If you are over eighteen, the Company authorises you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as ‘Legal Notices’ on this Site and are incorporated into this Agreement by reference.
The contents of this Site, such as text, graphics, images, audio, video and all other material (‘Material’), are protected by copyright under both Australian and foreign laws, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Site or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos and service marks (the ‘Marks’) displayed on the Site are owned by the Company. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your Site, please email us. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company's Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. You expressly agree that any use of the Site and the Material is solely at your own risk. Changes are periodically made to the Site and may be made at any time. Some Material on the Site is provided by third parties. You expressly agree that the Company is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Certain Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Site (whether in chat rooms, on message boards, submissions or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by the Company as confidential, that fact will be stated on those pages.
The Site includes forums and other interactive functions which allow feedback and submissions to the Company and real-time interaction between users. The Company does not control the information delivered to the chat rooms or message boards, and the Company has no obligation to monitor any such information. As a User, you are responsible for your own communications and submissions and are responsible for the consequences of their posting. Terms directly applicable to use of such Forums include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, jokes, communications or other materials (‘Content’), whether publicly posted or privately transmitted, that you submit to any of the Forums are your sole responsibility. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Forums.
2. The Company does not endorse or control the Content delivered to this Site, and the Company has no obligation to monitor such Content. As such, the Company does not guarantee the accuracy, integrity or quality of any such Content. However, reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. The Company further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.
4. You understand that by using the Site, including its Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company 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 or otherwise transmitted via the Site, including its Forums.
5. It is a condition of your access and use of this Site that you do not:
1. Restrict or inhibit any other user from using and enjoying this Site;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, an employee or representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted by means of this Site;
5. Upload, post, email or otherwise distribute, publish or transmit on this Site any Content that you do not have a right to transmit 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);
6. Upload, post, email or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or foreign law;
7. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
8. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which contains a virus 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, or any other harmful component; or
9. Upload, post, email or otherwise distribute, publish or transmit on this Site or in any way exploit any information, software or other material which contains any form of solicitation (including, but not limited to, ‘junk mail,’ ‘spam,’ ‘chain letters,’ and ‘pyramid schemes’), advertising, promotion or marketing for goods or services other than by placing paid advertising on the site by agreement with the Company;
10. Disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. Interfere with or disrupt the Site or servers or networks serving the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
12. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
13. ‘Stalk’ or otherwise harass another; or
14. Collect or store personal data about other users.
6. By posting or submitting any materials (including but not limited to any jokes, creative material, remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to the Company a royalty-free, nonexclusive, perpetual and irrevocable right and licence to use, reproduce, modify, publish, edit, translate, perform, display and distribute such materials alone or as part of other works in any form or technology now known or later developed (you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you), and to sublicense such rights through multiple tiers of sublicensees.
7. You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on this Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
The Company welcomes your comments about the Site. However, unless the Site has up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials.
If, despite our request, you send us any creative idea, suggestion or material (‘Submission’), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
8. The Company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Site contains links to third party Sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Sites. If you decide to access linked third-party Sites, you do so at your own risk.
Section 6. Licenses.
All software that is made available for downloading from the Site (‘Software’) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated ‘Legal Notice’ accompanying such software (‘License Agreement’). The downloading and use of such software is conditioned on agreement to be bound by the terms of the License Agreement.
Subject to the foregoing paragraph or as otherwise expressly provided, nothing within the Site shall be construed as conferring any licence under any of the Company's or any third party's intellectual property rights, whether by implication, estoppel or otherwise.
Section 7. Limitation of Liability.
Your use of the Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Site.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control.
Australia controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 10. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section 11. Minors.
Section 12. General.
The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the Australia. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Site is based in Australia. All legal issues arising from or related to the use of the Site shall be construed in accordance with and determined by the laws of the State of New South Wales applicable to contracts entered into and performed within the State of New South Wales without respect to its conflict of laws principles. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular ‘Legal Notice’ for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Site.