Web Site Terms and Conditions of Use
Welcome to our website’s User Agreement. This Agreement describes the terms and conditions that govern your use of our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of or make purchases on our site.
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. If you do not agree with such changes, you must terminate your affiliation with our website.
Membership Eligibility
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, please do not use our services.
Your Information
Definition
“Your Information” is defined as any information you provide to us or other users in the registration, any public message area or through any email feature. Your Information includes any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restrictions
Your Information must not:
Be false, inaccurate or misleading;
Be fraudulent or involve the sale of counterfeit or stolen items;
Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
Be obscene or contain child pornography or otherwise adult in nature or harmful to persons under the age of 18 years;
Contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992;
Contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
License
Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
Access and Interference
You agree that you will not use any device, software or routine to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of us to grant such permission.
Breach
Without limiting other remedies available to us at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
You breach this Agreement, or the Privacy Policy
We are unable to verify or authenticate any information you provide to us; or
We believe that your actions may cause legal liability for you, our users or us.
Privacy
We have a Privacy Policy which applies to all members and is incorporated into this User Agreement. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of our site.
Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore, we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
To the extent that we and all our affiliates and related entities are able to limit the remedies available under this Agreement, we and all our affiliates and related entities expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):
In the case of goods, any one or more of the following:
The replacement of the goods or the supply of equivalent goods;
The repair of the goods;
The payment of the cost of replacing the goods or of acquiring equivalent goods; or
The payment of the cost of having the goods repaired;
and
In the case of services:
The supply of the services again; or
The payment of the cost of having the services supplied again.
Liability Limit
IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT WE AND ALL OUR AFFILIATES AND RELATED ENTITIES HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS’ ACTIONS.
TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE FEES AND CHARGES PAYED BY YOU TO US IN THE ACTIVITY WHICH GAVE RISE TO THE LIABILITY.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of us or our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our services. YOU ALONE, AND NOT US, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
