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Terms and Conditions of Use
The following are the rules that
govern use of the addme.net.au web site and the services that we
may offer (the "Site"), including without limitation email, a searchable
directory of business web sites, links to other web sites, and access
to news and information.
By using the Site, you agree to be
bound by these Terms and Conditions of Use (the "TCU"), including
but not limited to the Privacy Policy and other usage guidelines
and rules that may be posted from time to time, all of which are
incorporated herein by reference, and to follow the TCU and all
applicable laws and regulations governing the Site. If you do
not agree, do not enter or use the Site.
addme.net.au may update the TCU from
time to time. You are responsible for checking this page periodically
for changes and updates to the TCU. Your use of the Site following
any posted change(s) to the TCU will be deemed an acceptance of
such change(s).
In addition, when using the Site,
you shall be subject to any posted guidelines or rules, which may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TCU.
Data and information relating to
securities or otherwise is provided for informational purposes only,
and is not intended for trading purposes.
1. Disclaimer of Warranties
You expressly understand and agree
that:
The products referenced on this site
are manufactured and sold by parties other than addme.net.au. addme.net.au
makes no representations regarding either the products or any information
vendors offer about their products. Any questions, complaints, or
claims regarding the products must be directed to the appropriate
manufacturer or vendor.
All company listings and information
are provided by third parties. addme.net.au makes no representations
about the accuracy or suitability of the information or links provided
on this web site. There may be syntax, or other technical errors,
programming bugs or computer viruses in this web site or the company
listings. The Site, and its
content, are delivered on an "as is" and "as available" basis. addme.net.au
excludes all liability in respect of any loss or damage arising
from any use of the web site or information contained within it.
addme.net.au makes no warranty that the Site or any related services,
such as email, links, or searches offered on the Site will be error-free,
uninterrupted, timely, secure, or that it will provide specific
results from use of the Site or any content, search or link therein.
Any material viewed, downloaded,
or otherwise obtained through the use of the Site is done solely
at your own discretion and risk, and addme.net.au will not be liable
for any damages of any kind arising from the use of the Site, including,
without limitation, direct, indirect, incidental, punitive, or consequential
damages.
No advice or information, whether
oral or written, obtained by you from addme.net.au or through or
from the Site shall create any warranty not expressly stated in
the TCU. Data and information relating to securities or otherwise
is provided for informational purposes only, and is not intended
for trading purposes. Neither addme.net.au nor any of its data or
content providers shall be liable for any errors or delays in the
content, or for any actions taken in reliance thereon.
2. User Contributions to the Site
addme.net.au provides users with
the opportunity to contribute to the Site. You understand
that all information, data, text, links, articles, software, photographs,
graphics, video, music, sound, messages, or other materials posted
by you on the Site (collectively, the "User Content"), whether publicly
posted or privately transmitted, are the sole responsibility of
you or other users posting or transmitting such User Content. This
means that you, and not addme.net.au, are entirely responsible for
all User Content that you upload, post, email, or otherwise transmit
via the Site. It is your obligation to ensure that no copyright,
trademark, trade secret, publicity or privacy rights, or other intellectual
property rights are being violated by your posting or transmission
of any User Content via the Site.
addme.net.au does not control or
pre-screen the User Content posted via the Site or sent to another
user and, as such, does not guarantee the accuracy, integrity, appropriateness,
or quality of such User Content. The User Content posted by users
or other third parties does not necessarily represent the views
or opinions of addme.net.au and under no circumstances will addme.net.au
be liable in any way for any User Content, including, but not limited
to, any loss or damage of any kind incurred as a result of the use
of any User Content posted, emailed, or otherwise transmitted via
the Site.
Users can be held liable for any
illegal or prohibited User Content they provide to the Site or to
other users, including, for example, infringing, defamatory, or
offensive materials. So that the Site is available for all users
to enjoy, you may not, and hereby represent and warrant that you
will not, post, transmit, email or otherwise make accessible on
or through the Site User Content that:
- Is unlawful, harmful, threatening,
tortious, defamatory, libelous, abusive, disparaging, pedophilic,
pornographic, obscene, invasive of another's privacy, hateful,
or malicious;
- Contains hate propaganda or promotes
discrimination or violence against any people on account of their
race, national origin, religion, age, gender, disability, or sexual
orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment
of another person;
- Involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing (or "spamming");
- Promotes information that you
know is false, misleading, or promotes illegal activities or conduct;
- Is or promotes an illegal or unauthorized
copy of another person's work, such as providing pirated computer
programs or links to them, or providing information to circumvent
manufacture-installed copy-protect devices;
- Infringes any patent, copyright,
trademark, service mark, trade secret, or other proprietary right
of any other party;
- Contains restricted password only
access pages, or hidden pages or images (those not linked to or
from another accessible page);
- Provides material that exploits
people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18;
- Provides instructional information
about illegal activities such as making or buying illegal weapons,
or providing or creating computer viruses;
- Contains a software virus or any
other code files or programs that are designed to or have the
ability to interrupt, destroy, compromise, or otherwise limit
the functionality of any computer software or hardware or telecommunications
equipment whether owned by addme.net.au or any other party;
- Solicits passwords, or personal
identifying information for commercial or unlawful purposes from
other users; or
- Otherwise violates any local,
state, national or other applicable law or regulation.
In addition, you may not, in connection
with your use of the Site:
- Impersonate any person or entity,
including an addme.net.au officer or employee, or falsely misrepresent
your affiliation with any other person or entity;
- Forge headers or otherwise manipulate
identifiers for the purpose of disguising the origin of any User
Content posted or transmitted through or on the Site;
- Engage in commercial activities
and/or sales without addme.net.au's prior written consent including,
without limitation, contests, sweepstakes, barter, or advertising;
- Post or transmit any Content that
you do not have the right to post or transmit;
- Post or submit unsolicited commercial
e-mail, chain letters, pyramid schemes, or seek or encourage others
to engage in these activities;
- Disrupt the ordinary flow and
operation of any portion of the Site, including causing a screen
to scroll faster than another User may be able to type in a chat
room or bulletin board environment;
- Interfere with or disrupt the
Site or any server or network involved with the operation of the
Site;
- Stalk or harass any other person;
or
- Collect or "harvest" from the
Site the names of other users for the purpose of transmitting
to those other users unsolicited commercial messages.
3. License To User Content
With respect to User Content you
elect to post or transmit for inclusion in or on the Site, you grant
addme.net.au and its affiliates and partners the perpetual, world-wide,
royalty free, non-exclusive, sub-licensable license as follows:
to use, reproduce, translate, alter, perform, display, modify, adapt,
and publish such User Content, in whole or in part, in all present
and future media and in any manner relating to the Site (including
without limitation in connection with the appearance of such User
Content on addme.net.au and on the sites of our affiliates, partners
and others with whom addme.net.au may have business relationships
relating to the Site) and the distribution and promotion of the
Site. You further agree that addme.net.au is free to use any ideas,
know-how, concepts, techniques or other materials you send us for
any purpose.
Without limitation of any of the
rights granted to addme.net.au herein, you acknowledge and agree
that addme.net.au may preserve User Content and may also disclose
User Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TCU; (c) respond
to claims that any User Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of addme.net.au,
its users and the public.
4. Indemnity
You agree to indemnify and hold addme.net.au,
its subsidiaries, affiliates, officers, agents, co-branders, and
other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorney's fees, made by any
third party due to or arising out of User Content you submit, post
to, or transmit through the Site, your use of the Site, including
your use of the Site to provide a link to another Site or to upload
content or other information to the Site, or your violation of the
TCU or any applicable laws or the rights of another.
5. Links and Search Results
Care has been taken in compiling
this directory. However, as the directory is compiled using information
provided by customers, addme.net.au does not warrant or represent
that the directory is free from errors or omissions, that the qualifications
claimed by an advertiser are valid or that the published address
of any advertiser is the address at which a telephone call directed
to the advertiser is answered. It would be appreciated, however,
if any inaccuracies were brought to the attention of our OnLine
Customer Service Centre at info@addme.net.au
The Site may provide links and automatically
produce search results, or third parties may provide information,
that reference or link to other World Wide Web sites or resources.
Links to a third party site are provided for your convenience only.
addme.net.au has no control over such sites and resources, and you
acknowledge and agree that addme.net.au is not responsible for the
content or information contained therein. You access the site and
use any products or services at your own risk. addme.net.au cannot
and does not guarantee, represent, or warrant that the content or
information contained in such third-party sites is accurate, legal
and/or inoffensive. addme.net.au does not endorse the content or
information of any third-party site or resource, and further does
not warrant that such sites or resources will not contain viruses
or otherwise impact your computer. By using the Site to search for
or link to another site, you agree and understand that addme.net.au
shall not be responsible or liable, directly or indirectly, for
any damages or loss caused or alleged to be caused by or in connection
with your use of, or reliance on, the Site to obtain search results
and/or to link to another site.
6. No Resale of Site
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion
of the Site, use of the Site, or access to the Site, without the
express, prior written consent of addme.net.au in each instance.
7. Modifications to Site
addme.net.au reserves the right at
any time and from time to time to modify or discontinue, temporarily
or permanently, the Site (or any part thereof) with or without notice.
You agree that addme.net.au shall not be liable to you or to any third
party for any modification, suspension, or discontinuance of the
Site.
8. Suspension and/or Termination
Rights
addme.net.au reserves the right, at its
sole discretion, immediately and without notice, to suspend or terminate
the TCU, your registration for any program, your ability to access
the Site, your ability to utilize any email services offered on
the Site, and/or to remove any User Content, for any reason, including
without limitation any breach by you of the TCU or conduct by you
that addme.net.au determines to be inappropriate. You agree that
addme.net.au shall not be liable to you or any third-party for any
suspension or termination pursuant to this provision.
9. Copyright Policy
addme.net.au understands and respects
the importance of intellectual property. Please click here to review
our Copyright Policy. This site and
the data contained in it are supplied solely for directory assistance
purposes. The material contained in this site is the copyright of
the addme.net.au. Users of the site must not whether through the
use of screen scraping tools or any type of additional software,
conduct automated searches or data extractions on this site or the
data contained in it. You may not sell, reuse, export, transmit,
duplicate, or publish the data in any way (whether electronic or
on paper) without the written permission of addme.net.au
10. Your Registration Obligations
In consideration of your use of the
Site, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Site's registration
form (such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or addme.net.au has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, addme.net.au has the right to suspend,
terminate, or refuse any and all current or future use of the Site
(or any portion thereof).
11. Privacy Policy
We believe that your privacy and
the privacy of all of our users is important. Please click here
to review our Privacy Policy, to which you hereby agree.
In the event you are requested to register on the Site, you may
be given an opportunity to "opt in" to receive mailings from addme.net.au
and/or its partners by "checking" on a box in the registration form.
If you submit a registration form with the box checked, you thereby
consent to being placed on this mailing list. You may subsequently
contact us to request to be removed from this list. (For purposes
of the TCU, "partners" includes, in addition to third parties with
whom addme.net.au may have co-branding arrangements or some other
business relationship or alliance, other Web sites incubated or
funded by eCompanies, as such term is defined below.)
12. Back-Up
addme.net.au is not liable for any
lost data resulting from the operation of our Site and/or the enforcement
of the TCU (including without limitation content from any e-mail
account hosted by addme.net.au), and is not obligated to maintain
back-up copies of any contributed User Content or e-mail messages.
We recommend that you retain a copy of all User Content that you
post or distribute to, or through, the Site.
You understand and agree that addme.net.au
may release information about you if required by law or subpoena,
or if the information is necessary or appropriate to release to
address an unlawful or harmful activity.
13. Password and Security
You will receive a password and account
designation upon completing the Site's registration process. You
are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur
under your password or account. You agree to
(a) immediately notify addme.net.au
of any unauthorized use of your password or account or any other
breach of security, and
(b) ensure that you exit from your
account at the end of each session. addme.net.au cannot and will
not be liable for any loss or damage arising from your failure to
comply with this Section.
Without limitation to the generality
of the foregoing, due to the nature of Internet, computers, data
flow, and other technical and economical practicalities, the Site,
like most computer data and Internet applications, is vulnerable
to various security issues and hence should be considered unsecured.
By using the Site and the Internet in general, you may be subject
to various risks, including, among others, eavesdropping, sniffing,
spoofing, forgery, spamming, "imposturing", tampering, breaking
passwords, harassment, fraud, electronic trespassing, hacking, system
contamination including without limitation, viruses, worms, Trojan
horses, causing unauthorized, damaging or harmful access and/or
retrieval of information and data on your computer and other forms
of activity that may even be considered unlawful. Information (including
Registration Data, passwords and User Content) received or delivered
or intended to be made available on and through the Site may be
subject to these and other security or privacy hazards or may not
reach its destination or reach an erroneous address or recipient.
The Site is not different than other applications in this respect.
Without limitation of the foregoing, although we take seriously
the security of all member accounts and other personal and non-personal
information associated with our visitors and participants, due to
the open communication nature of the Internet, we can not guarantee
that your account will be free from unauthorized access by third
parties.
14. Australian Law Controls
addme.net.au encourages users from
around the world to use the Site. However, if you choose to use
the Site, you understand, acknowledge and agree that your use of
the Site is governed by the TCU and the laws and regulations of
Australia regarding online conduct and acceptable content.
15. addme.net.au's Proprietary
Rights and Permitted Use
The Site, including without limitation
any content, software and services offered thereon, are the property
of addme.net.au and/or its suppliers. It is protected by the copyright
and/or other intellectual property laws of Australia and internationally.
You are hereby authorized solely to view and to retain a copy of
pages of this Site for your own personal use. Do not duplicate,
publish, modify, or otherwise distribute the material on this Site
unless specifically authorized in writing by addme.net.au to do
so. Legal notices and various other acknowledgements and credits
are posted on pages of the Site. Do not remove these legal notices
or other acknowledgements or credits, or any related information,
contained on pages of the Site.
You hereby acknowledge and agree
that, as between addme.net.au and you, all right, title, and interest
in and to the Site and the provision thereof, including without
limitation any patent rights, patents, business methods, copyrights,
trademarks, trade secrets, inventions, know-how, and all other intellectual
property rights pertaining thereto, shall be owned exclusively by
addme.net.au. Except as expressly authorized by addme.net.au herein,
you agree not to make, copy, display, modify, rent, lease, license,
loan, sell, distribute, or create derivative works of the Site,
in whole or in part. You agree not to access the Site by any means
other than through the interface that is provided by addme.net.au
for use in accessing the Site. In connection with your use of the
Site, addme.net.au may make software available to you for download
from the Site; your download and use of such software shall be pursuant
to a separate license agreement that shall be agreed to upon your
download or installation of such software.
16. Limitation of Liability
You expressly understand and agree
that addme.net.au shall not be liable for any indirect, incidental,
special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if addme.net.au has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to
use the Site; (ii) the cost of procurement of substitute goods or
services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered
into through or from the Site; (iii) unauthorized access to or alteration
of your transmissions or data; (iv) statements or conduct of any
third party on the Site; or (v) any other matter relating to the
Site or the content thereon, including without limitation any user
content posted thereon. In no event will addme.net.au be liable
for any damages in excess of ten Australia dollars ($10.00).
17. Exclusions and Limitations
Some jurisdictions do not allow the
exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly,
some of the above limitations may not apply to you.
18. Miscellaneous
The TCU constitutes the entire agreement
between you and Altiec and governs your use of the Site, superceding
any prior agreements between you and addme.net.au. You may also
be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content, or third-party
software.
You agree that the TCU and the relationship
between you and addme.net.au shall be governed by the laws of Australia
without regard to its conflict of law provisions. You agree to submit
to personal and exclusive jurisdiction by and venue in Australia.
The failure of addme.net.au to exercise or enforce any right
or provision of the TCU shall not constitute a waiver of such right
or provision.
If any provision of the TCU is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the TCU remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Site or the TCU must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TCU are
for convenience only and have no legal or contractual effect.
Any
questions about our Term of use, the practices of the Site, or your
dealings with the Site, please don't hesitate to Contact Us immediately.
addme.net.au
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