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PLEASE READ THESE TERMS OF AGREEMENT CAREFULLY BEFORE USING OUR SITES. By using our Sites, you signify your assent to these terms. If you do not agree to these terms, please do not use the Sites. RESTRICTIONS ON USE OF MATERIALS No material from our Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. In the event you download software from these Sites, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. TRADEMARKS The Acquos Pty Ltd trademarks, logos and service marks displayed on these Sites are registered or unregistered Trademarks of Acquos Pty Ltd or its affiliates. Nothing contained on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Acquos Pty Ltd Trademark displayed on these Sites without our prior written permission. SUBMISSIONS We appreciate hearing from our customers and welcome your comments regarding our products, including our on-line services. However, our Company policy does not allow us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. Accordingly, we must insist that you do not send us any original creative materials, inventions or ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, inventions, suggestions or materials. If, at our request you send certain specific submissions (e.g., if you share a story with us, participate in chats, or post a message at a message board) or, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, our property. None of the Information shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. JURISDICTION These Sites are controlled and operated by us from our offices within Australia and are to intended to be viewed by residents in Australia only. We make no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access these Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from these Sites may be further subject to United States export controls. No software from these Sites may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country subject to United States export control restrictions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. TERMINATION This Agreement is effective until terminated by you or us. You may terminate this agreement at any time by destroying all materials obtained from any and all of our Site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This Agreement will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and any and all other of our Sites and all copies thereof, whether made under the terms of this Agreement or otherwise. We reserve the right to alter or delete material from these Sites at any time and may, at any time, revise the terms of this Agreement by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current terms of Agreement. DISCLAIMER While we use reasonable efforts to include accurate and up to date information in our Sites, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of our Sites. We have not reviewed all of the sites that may be linked to our Sites, and we are not responsible for the content of any off-Site pages or any other sites linked to these Sites. Your linking to any off-Site pages is at your own risk. Although we may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and other dialogue ("Dialogue") on our Sites, we are under no obligation to do so and assume no responsibility of liability arising from the Dialogue contained in our Sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within our Sites. We do not monitor or review the content of any off-Site pages or any other sites linked to our Sites, and we assume no responsibility or liability arising from the contents of such off-Site pages or sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained therein. You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY We provide the contents of our Sites for informational purposes and for your general interest and entertainment only. By using the Sites you hereby agree not to rely on any of the information contained herein. Under no circumstances, including, but not limited to, negligence, shall we be liable for your reliance on any such information nor shall we be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in these Sites or the materials in any sites linked to these Sites, even if we or an authorized representative of ours has advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including,but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing these Sites. OTHER This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein. |
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