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Australia Adventures: Terms of Service
Welcome. Thank you for visiting the Australia Adventures web site. As is
true for many other web sites, this web site has rules that apply to your
use of this site and any services available through this site. Those
rules, referred to as "terms of service," are set forth in this Terms of
Service Agreement. By using this Site, you are agreeing to comply with and
be bound by the following terms of service. Please review them carefully.
If you do not agree with any of these terms of use, please do not use
AustraliaAdventures.com
Who Ownership
This Site is owned, developed and maintained by Innovative Net Marketing,
an internet marketing group based in the United States.
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Right to Change the Site
We may discontinue, edit, delete or change any aspect of the site,
including, but not limited to: restricting availability times,
restricting compatibility with certain computer software or hardware,
restricting amounts of use permitted, and restricting, suspending or
terminating any user's right to use the Site, at our sole discretion and
without prior notice or liability.
Entire Agreement
You agree that this Terms of Service Agreement constitutes the entire
agreement between you and Australia Adventures with respect to your use of
the site, and supersedes all previous and contemporaneous agreements,
representations, warranties and understandings, written or oral, between
us and you with respect to the site. Australia Adventures may post certain
additional terms or conditions in close proximity to a particular portion
of the site, which shall also apply to your use of that portion of the
site. Australia Adventures may amend this Agreement at any time from time
to time without specific notice to you. The latest Agreement will be
posted on the site, and you should periodically check this Agreement for
changes. Your continued use of the site shall be deemed your acceptance of
any such changes.
Trademarks
Australia Adventures, the Australia Adventures logo, and other names for
Australia Adventures products and services are trademarks/service marks of
the Australia Adventures web site. Other product and company names
mentioned on the site may be trademarks/service marks of their respective
owners.
Copyrights
The content organization, graphics, design, compilation and other
materials on or related to the site are protected under applicable
copyright, trademark and other proprietary and intellectual property
rights. The copying, redistribution, use or publication by you of any such
materials or any part of the site is strictly prohibited.
Prohibited Behavior
You are prohibited from using the site in any way to do any of the
following:
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restrict or inhibit any other user from using and enjoying the Site;
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post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local,
state, national or international law; |
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post or transmit comments containing harassing or offensive
language, including sexual references, sexual nicknames, racial slurs or
rude or deliberately offensive comments or engage in disruptive
activities online, including excessive use of scripts, sound waves,
scrolling (repeating the same message over and over), or use viruses,
bots, worms, or trojan horses; |
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access another person's or entity's materials, information, or files
without the permission of that person or entity; |
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post or transmit any information, software or other material which
violates or infringes the rights of others, including material which is
an invasion of privacy or publicity rights or which is protected by
copyright, trademark, or other proprietary right without first obtaining
permission from the owner or right holder; |
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post or transmit any information, software, or other material which
contains a virus or other harmful component; |
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post or transmit content that encourages or provides instructional
activities about illegal activities, such as hacking; |
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post, transmit, or in any way exploit any information, software, or
other material for advertising or commercial purposes; |
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solicit other users to join, become members of, or contribute money
to any online service or other organization, advocate or attempt to get
users to join in legal or illegal schemes or plan or participate in
scams involving other users; |
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impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any person or
entity; |
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use the Site to collect personally identifying information about
users of the Site in violation of Australia Adventures's Privacy Policy;
or perform any activities that Australia Adventures determines (in its
sole discretion) may be harmful to Australia Adventures, the site, or
other users of the site. |
No Unlawful Purposes
You agree that you will not use Australia Adventures or any information or
services related thereto for any unlawful purpose. Australia Adventures,
at its sole and absolute discretion, shall determine whether any use
violates this provision.
Monitoring
You understand that Australia Adventures has no obligation to monitor the
Site. However, we reserve the right at all times to disclose any
information as necessary to satisfy any law, regulation or governmental
request, or to refuse to post or to remove any information or materials,
in whole or in part, that in Australia Adventures's sole and absolute
discretion are objectionable or in violation of this Agreement. You
acknowledge that we reserve the right to, and may from time to time,
monitor any and all information transmitted or received through the site,
for operational and other purposes, subject to Australia Adventures's
Privacy Policy. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with our Privacy
Policy. Use of the site constitutes consent to such monitoring.
Submissions
Australia Adventures is pleased to hear from users and welcomes your
comments regarding our services. If you submit any original creative
ideas, suggestions, notes, concepts, or materials to Australia Adventures
("Submissions"), they shall be deemed, and shall remain, the property of
Australia Adventures, and shall otherwise be subject to the provisions of
the Trademarks section above. None of the Submissions shall be subject to
any obligation of confidence on the part of Australia Adventures, and we
shall not be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, we shall exclusively own all now known or
hereafter existing worldwide rights to the Submissions of every kind and
nature and shall be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without compensation to
the provider of the Submissions.
Third Party Sites
Australia Adventures provides links to web sites maintained by third
parties ("Third Party Sites") and may from time to time provide third
party items or materials on this site. Any mention on this site of
products or services provided by third parties is for informational
purposes only and constitutes neither an endorsement nor a recommendation
by Australia Adventures. Australia Adventures assumes no responsibility
for those products or services. Your dealings with any third parties
mentioned on or found through this Site are solely between you and such
third party, and are subject to any terms, conditions, warranties or
representations associated with such dealings. You agree that use of Third
Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
AUSTRALIA ADVENTURES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES IS AUSTRALIA ADVENTURES LIABLE FOR ANY
DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY
INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE
SITE.
Indemnification
You agree to defend, indemnify, and hold harmless Australia Adventures,
employees and agents from and against any and all claims, actions, suits
or proceedings, as well as any and all losses, liabilities, damages, costs
and expenses (including reasonable attorneys fees) arising out of or
related to (a) any material posted or otherwise provided by you that
infringes any copyright, trademark, trade secret, patent or other
intellectual property right of any person or defames any person or
violates their rights of publicity or privacy, (b) any misrepresentation
made by you in connection with your use of the site; (c) any violation by
you of this Agreement; and (d) any claims brought by other persons or
entities arising from or related to your use of the site, including
information obtained through the site.
Minors
If you have agreed to allow your minor child, or a child for whom you are
legal guardian (a "Minor"), to use the site, you agree that you shall be
solely responsible for: (a) the online conduct of such Minor; (b)
monitoring such Minor's access to and use of the Site; and (c) the
consequences of any use of the site by such Minor.
Miscellaneous
This Agreement shall be treated as though it were executed and performed
in the United States, and shall be governed by and construed in accordance
with the laws of the United States (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or
any information, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be barred. The
language in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against either party. All legal proceedings arising
out of or in connection with this Agreement shall be brought solely in the
United States. You expressly submit to the exclusive jurisdiction
and venue of said courts and consent to extra-territorial service of
process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with the
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Australia Adventures's delay or failure to enforce any
provision of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. No waiver by either party of
any breach or default hereunder shall be deemed a waiver of any subsequent
breach or default. The titles and subtitles used in this Agreement are
used for convenience only and are not to be considered in construing or
interpreting this Agreement. |
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