1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website (“Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” shall include, without limitation, the Websites and any service Company performs for you and the content, software, tools, and features offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
Company does not knowingly collect or solicit personal information from anyone under the age of 14 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for Company or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to or on Company. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us .
You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 14 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services are offered by Company from its facilities in Australia. Company makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
The Website is protected by copyright as a collective work and/or compilation, pursuant to international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Services for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Services without Company’s prior written consent.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Company does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. Company shall have no obligation to monitor any User Submissions, however, Company and its agents reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Services, including disabling access to User Submissions that you have downloaded through the Services.
3. YOUR WARRANTY. You warrant, represent and agree that you will not contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Company. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possesses all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
If a comment is made using your identity or screen name it will be deemed to have been posted by you.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not make false or misleading statements.
Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by Company in connection with a feature of the Services.
Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
4. RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.
5. WARRANTY DISCLAIMERS. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES.
6. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. The Content (including, without limitation, all text, graphics, images, search results, data and information contained therein), and such materials obtained from Company’s licensor’s or other third parties, and all Services are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, examination, or treatment. Do not ignore professional medical advice or delay in seeking treatment because of anyone or anything on the Services. Always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor immediately. Company does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any such information is solely at your own risk. The Services may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Services.
8. REGISTRATION AND SECURITY. As a condition to using Services, you may be required to register with Company and select a password and user name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
9. INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
10. FEES AND PAYMENT. Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
12. TERMINATION. This Agreement shall remain in full force and effect while you use the Services (or any of them). You may terminate your use of the Services or your membership at any time by following the instructions on the Services. Company may terminate your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services or your access thereto immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to access and use the Services, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13. QUESTIONS. If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email via our Contact Page