Website Terms of Use
1. Acceptance of "Terms of
Use" and amendments
Each time you use or cause access to this
web site, you agree to be bound by these "Terms of Use", as
amended from time to time with or without notice to you. In
addition, if you are using a particular service on this web
site or accessed via this web site, you will be subject to
any rules or guidelines applicable to those services, and
they will be incorporated by reference within these "Terms
of Use". Please read this site's "Privacy Policy", which is
incorporated within these "Terms of Use" by reference.
2. The site editor's service
This web site and the services provided to
you on and via this web site are provided on an "AS IS"
basis. You agree that the site editor reserves the right to
modify or discontinue provision of this web site and its
services, and to remove the data you provide, either
temporarily or permanently, at any time, without notice and
without any liability towards you. The site editor will not
be held responsible or liable for timeliness, removal of
information, failure to store information, inaccuracy of
information, or improper delivery of information.
3. Your responsibilities and
registration obligations
In order to use this web site or certain parts of it, you
may be required to register for a user account on this web
site; in this case, you agree to provide truthful
information when requested, and -- if a minimum age is
required for eligibility for a user account -- you undertake
that you are at least the required age. By registering for a
user account, you explicitly agree to this site's "Terms of
Use", including any amendments made by the site editor that
are published herein.
4. "Privacy Policy"
Registration data and other personally
identifiable information that the site may collect is
subject to the terms of the site editor's "Privacy Policy".
5. Registration and passwords
You are responsible for maintaining the
confidentiality of your password, and you will be
responsible for all usage of your user account and/or user
name, whether authorized or not authorized by you. You agree
to immediately notify the site editor of any unauthorized
use of your user account, user name or password. Passwords
may not be lent, shared or communicated to anyone else.
Doing so may result in withdrawal of all access privileges.
6. Your conduct
You agree that all information or data of
any kind, whether text, software, code, music or sound,
photographs or graphics, video or other materials
("content"), made available publicly or privately, will be
under the sole responsibility of the person providing the
said content, or of the person whose user account is used.
You agree that this web site may expose you to content that
may be objectionable or offensive. The site editor will not
be responsible to you in any way for content displayed on
this web site, nor for any error or omission.
By using this web site or any service provided, you
explicitly agree that:
(a) you will not provide any content or conduct yourself in
any way that may be construed as: unlawful; illegal;
threatening; harmful; abusive; harassing; stalking;
defamatory; libelous; vulgar; obscene; offensive;
objectionable; pornographic; designed to interfere with or
disrupt the operation of this web site or any service
provided; infect with a virus or other destructive or
deleterious programming routine; giving rise to civil or
criminal liability; or in violation of an applicable local,
national or international law;
(b) you will not impersonate or misrepresent your
association with any person or entity; you will not forge or
otherwise seek to conceal or misrepresent the origin of any
content provided by you;
(c) you will not collect or harvest any information about
other users;
(d) you will not provide, and you will not use this web site
to provide, any content or service in any commercial manner,
or in any manner that would involve junk mail, spam, chain
letters, pyramid schemes, or any other form of unauthorized
advertising or commerce; you will not use this web site to
promote or operate any service or content without the site
editor's prior written consent;
(e) you will not provide any content that may give rise to
the site editor being held civilly or criminally liable, or
that may be considered a violation of any local, national or
international law, including -- but not limited to -- laws
relating to copyrights, trademarks, patents, or trade
secrets.
7. Submission of content on this
web site
By providing any content to this web site:
(a) you agree to grant the site editor a worldwide,
royalty-free, perpetual, non-exclusive right and license
(including any moral rights or other necessary rights.) to
use, display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such
license will apply with respect to any form, media,
technology already known at the time of provision or
developed subsequently;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant the
site editor the license specified in this section 7;
(c) you acknowledge and agree that the site editor will have
the right (but not obligation), at the site editor's entire
discretion, to refuse to publish, or to remove, or to block
access to any content you provide, at any time and for any
reason, with or without notice.
8. Third-party services
Goods and services of third parties may be
advertised and/or may be made available on or through this
web site. Representations made regarding products and
services provided by third parties will be governed by the
policies and representations made by these third parties.
The site editor will not in any manner be liable for or
responsible for any of your dealings or interaction with
third parties.
9. Indemnification
You agree to indemnify and hold harmless the
site editor and the site editor's representatives,
subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors,
advertisers, partners, and co-branders, from any claim or
demand, including reasonable legal fees, that may be filed
by any third party, arising out of your conduct or
connection with this web site or service, your provision of
content, your violation of these "Terms of Use", or any
other violation by you of the rights of another person or
party.
10. Disclaimer of warranties
You understand and agree that your use of
this web site and of any services or content provided (the
"service") is at your own risk. Services and content are
provided to you "As Is", and the site editor expressly
disclaims all warranties of any kind, either implied or
expressed, including but not limited to warranties of
merchantability, fitness for a particular purpose, and
non-infringement.
The site editor makes no warranty, either implied or
express, that any part of the service will be uninterrupted,
error-free, virus-free, timely, secure, accurate, reliable,
or of any quality, nor is it warranted either implicitly or
expressly that any content is safe in any manner for
download. You understand and agree that neither the site
editor nor any participant in the service provides
professional advice of any kind and that any advice or any
other information obtained via this web site may be used
solely at your own risk, and that the site editor will not
be held liable in any way.
Some jurisdictions may not allow disclaimers of implied
warranties, and certain statements in the above disclaimer
may not apply to you as regards implied warranties; the
other terms and conditions remain enforceable
notwithstanding.
11. Limitation of liability
You expressly understand and agree that the
site editor will not be liable for any direct, indirect,
special, incidental, consequential or exemplary damages;
this includes, but is not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses
(even if the site editor has been advised of the possibility
of such damages), resulting from
(i) the use of services or the inability to use services,
(ii) the cost of obtaining substitute goods and/or services
resulting from any transaction entered into on through
services,
(iii) unauthorized access to or alteration of your data
transmissions,
(iv) statements by any third party or conduct of any third
party using services, or
(v) any other matter relating to services.
In some jurisdictions, it is not permitted to limit
liability and, therefore, such limitations may not apply to
you.
12. Reservation of rights
The site editor reserves all of the site editor's rights,
including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other
proprietary right that the site editor may have in respect
of this web site, its content, and goods and services that
may be provided. The use of the site editor's rights. and
property requires the site editor's prior written consent.
By making services available to you, the site editor is not
providing you with any implied or express licenses or
rights, and you will have no rights to make any commercial
use of this web site or provided services without the site
editor's prior written consent.
13. Notification of copyright
infringement
If you believe that your property has been
used in any way that could be considered a copyright
infringement or a violation of your intellectual property
rights, the site editor's copyright agent may be contacted
via:
dancing @
in2jive.com.au
Or by posting to:
15 Baker Mews
Wellard WA 6170
14. Applicable law
You agree that these "Terms of Use" and any
dispute arising out of your use of this web site or products
or services provided will be governed by and construed in
accordance with local laws applicable in Western Australia, notwithstanding any differences between the said
applicable legislation and legislation in force at your
location. By registering for a user account on this web
site, or by using this web site and the services it
provides, you accept that jurisdiction is granted to the
courts having jurisdiction over the site editor's domicile,
and that any disputes will be heard by the said courts.
15. Miscellaneous information
(i) In the event that any provision of these
"Terms of use" is deemed to conflict with legislation by a
court with jurisdiction over the parties, the said provision
will be interpreted to reflect the original intentions of
the parties in accordance with applicable law, and the
remainder of these "Terms of Use" will remain valid and
applicable;
(ii) The failure of either party to assert any
right under these "Terms of Use" will not be considered to
be a waiver of that party's right, and the said right will
remain in full force and effect;
(iii) You agree that any
claim or cause in respect of this web site or its services
must be filed within one (1) year after such claim or cause
arose, or the said claim or cause will be forever barred,
without regard to any contrary legislation;
(iv) The site
editor may assign the site editor's rights and obligations
under these "Terms of Use"; in this event, the site editor
will be relieved of any further obligation.
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