Terms of Use
Acceptance of Terms
By accessing and using this website or web page, including but not limited to any content, functionality and services offered on or through this website, web page, or our e-mails, texts, posts and other electronic messages (collectively, our “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.
Our Site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable.
We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.
Use License
Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
Prohibited Uses
When using or accessing our Site, you may not:
• Modify or copy any material or Services
• Use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial)
• Attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services
• Engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site
• Remove any copyright or other proprietary notations from the material
• Transfer the materials to another person or entity or “mirror” the material on any other server
Posting Content
In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website.
By posting Content in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media.
Your Content must be your own and must not infringe on any third party’s rights or violate any of the restrictions below. We reserve the right to remove any of your Content from our Site at any time, for any reason, without notice.
You Agree Not To Use This Site To:
• Send unsolicited material to persons or entities without consent or legal right
• Post content that infringes intellectual property, privacy, or legal rights of any third party
• Post or transmit illegal, defamatory, abusive, threatening, or obscene content
• Distribute viruses, malware, or harmful code or signals
• Post misleading, deceptive, or false information
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and data accuracy.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your device due to your use of our Site or any services or content obtained through it.
The materials on the Site are provided on an “as is” and “as available” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or on any site linked to it.
Limitation of Liability
In no event will we, our affiliates, or our or their licensors, service providers, agents, employees, officers or directors be liable for damages of any kind, under any legal theory, arising from your use of our Site, any linked websites, or any content or services obtained through them.
This includes, but is not limited to:
• Personal injury
• Pain and suffering
• Emotional distress
• Loss of revenue, profits, business, data, or goodwill
Even if foreseeable, these limitations apply unless excluded by applicable law.
Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors, service providers, and their officers, directors, employees, contractors, agents, suppliers, successors and assigns from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms and Conditions of Use or use of the Site beyond the scope expressly permitted.
Revisions and Errata
The materials appearing on our Site may include technical, typographical, or photographic errors. We do not warrant that any materials are accurate, complete, or current. We may update or change the content at any time without notice, but do not commit to doing so.
Links
We have not reviewed all third-party websites linked to the Site and are not responsible for their content. Inclusion of a link does not imply endorsement. Your use of any linked site is at your own risk.
Site Terms of Use Modifications
We may revise these Terms and Conditions of Use at any time without notice. By continuing to access the Site, you agree to be bound by the then-current version.
Governing Law
Any claims relating to the Site shall be governed by the laws of the State in which we are headquartered, without regard to conflict of law principles.
Entire Agreement
These Terms and Conditions of Use, along with our Privacy Policy and any other referenced documents, constitute the entire agreement between you and us regarding the Site. They supersede all prior or contemporaneous communications, whether oral or written.