IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website
This Website and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to Company or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
Company grants to you a personal, revocable, non-exclusive, non-transferable right to access and use the Website and one copy of selected materials that is made available to you (including without limitation games, video-clips, screensavers and wallpapers), for non-commercial use only, in accordance with these Terms and provided that you maintain all copyright and other Intellectual Property Rights proprietary notices contained in the Material. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. You agree not to use the Material for any unlawful purposes and not to violate Company's rights or the rights of others. You are advised that Company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
You hereby grant to Company a royalty free, perpetual license to use or treat any content that you post or submit to this Website (including, without limitation, any artwork, comments, video or audio material, postings or written content) ("Postings") throughout the world in any media as Company in its sole discretion sees fit. You represent that any Postings are original to you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree to execute any documents and take all steps that Company determines are necessary to effect the intentions of these Terms. You agree and understand that Company is not obligated to use any Postings you make to Company through the Website or otherwise and you have no right to compel such use.
Company does not accept unsolicited submissions or treatments for motion pictures, television programs, web sites or other products or services ("Submissions"). It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of Company's staff might seem to others to be similar to their own creative ideas or materials. You must not make any such unsolicited Submissions to Company through this Website or otherwise.
In the event that you do post Submissions via this Website, you acknowledge that, with respect to any claim you may have relating to or arising out of Company's actual or alleged exploitation or use of any Submissions, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information. Company does not monitor, endorse and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Website for any reason in Company's sole discretion.
Restrictions on Use
You may use this Website strictly for personal, non-commercial purposes only. It is forbidden to make any use of this Website which is intended to promote and/or generate any revenue for you, your business, any third party or the business of any third party.
You agree not to do any of the following while using the Website, including any User Forum:
We reserve the right to co-operate with any law enforcement authority in any jurisdiction and disclose the identity and other information regarding any individual posting information or materials on this Website which breach any applicable laws.
THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES.
Company and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company and its parents, affiliates, subsidiaries, licensors and assigns. Views and opinions of users of this Website do not necessarily state or reflect those of Company and its parents, affiliates, subsidiaries, licensors and assigns. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available on this Website.
The Internet may be subject to breaches of security. Company and its parents, affiliates, subsidiaries, licensors and assigns are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information. Company and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment
EXCLUSION OF LIABILITY
YOU AGREE THAT TO THE EXTENT PERMITTED BY LAW COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO ANY BREACH BY YOU OF THESE TERMS OR USE OF THIS WEBSITE BY YOU, UNDER YOUR MEMBERSHIP OR VIA ANY HARDWARE OWNED OR CONTROLLED BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
You may link to this Website from another webpage only in accordance with the following rules: Links must be to the home page of this Website and in plain text, unless otherwise approved in writing by an authorized representative of Company. Such link (in the opinion of Company) must not actually or potentially damage, dilute or tarnish the goodwill associated with Company or any of its business names, brands or intellectual property, or create the impression that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Company. You may not "frame" this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libellous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason and at any time.
Company is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform Company of any errors or inappropriate material found on Websites to which this Website is or may be linked.
This Website may contain competitions and/or promotions that are governed by a separate set of rules. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter such competition or promotion. By entering any such competitions or promotions, you agree to comply with and abide by such rules and the decisions of any sponsor(s) identified therein, which shall be final and binding in all respects.
Information about you
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree that you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. Company reserves the right to terminate membership and/or deny access to the Website to any person in its sole discretion for any reason or no reason at all.
Company operates this Website in Australia. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of Australia. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in Australia for any cause of action relating to or arising under these Terms or the Website.
Violations and Additional Policies
Company will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue this Website, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by Company, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.