WEBSITE TERMS OF USE AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS
AND USE THE INFINITE INTERACTIVE WEBSITE. BY ACCESSING THE WEBSITE
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU
MAY NOT ACCESS OR USE THE WEBSITE.
AMENDMENTS
Infinite Interactive Pty. Ltd. (hereinafter "Infinite Interactive")
may amend this Agreement at any time by posting a new agreement
in place of this one. Infinite Interactive will post notice that
the Agreement has been amended on its News page located at http://www.infinite-interactive.com/
for a period of 30 days. The amended agreement shall automatically
be effective when posted. Your continued use of Infinite Interactive's
website following the posting of the amended agreement and notice
shall mean that you accept the terms of this Agreement as amended.
If you do not agree with any of the terms of the amended Agreement
then you must terminate all use of Infinite Interactive's website.
This Agreement may not otherwise be amended.
LICENSE
You are granted a non-exclusive and non-transferable license
to use and access Infinite Interactive’s website. The website
shall include the associated services and the Links page.
ACCESS
In order to access and use the Infinite Interactive website you
agree to abide by the terms and conditions of this Agreement.
Any other access or use shall constitute a trespass on Infinite
Interactive's computer systems, shall constitute an infringement
of Infinite Interactive's intellectual property and an unlawful
use of Infinite Interactive's assets.
USER CONDUCT
Infinite Interactive is very concerned about the privacy and safety of all
users, especially children.
You shall not:
- submit any information or link to any content, information,
ware or service which is obscene or contains pornography of
any kind;
- use Infinite Interactive's website to commit any dishonest
act, act of fraud or any act which infringes any third party
rights;
- submit any information or link to any material which infringes
or potentially infringes any third party intellectual property
or proprietary rights including without limitation, copyright,
patent, trademark, trade secret, right of publicity or privacy;
- submit any information or link to any material which is defamatory,
libelous, harassing or threatening of or to any person or organization;
- submit any information or link to any material which is harmful
or potentially harmful including, without limitation, that which
places any person's health or safety at risk, places the integrity
or security of any computer system at risk or distribute any
virus, Trojan horse, worm, time bomb or other harmful or invasive
computer program;
- submit any information or link to any material which in any
way violates any federal, state or provincial law, statute,
ordinance or regulation in any jurisdiction including without
limitation those relating to export control, consumer protection,
unfair competition, discrimination, false advertising or copyright;
- undertake any activity which creates liability or damage or
potentially creates liability or damage to Infinite Interactive
or its computer systems or its service providers.
You agree not to use any spider, robot or other automatic means
to search or monitor the content of Infinite Interactive's website.
You agree that you shall not use any automatic means, including
software, to interfere with or attempt to interfere with Infinite
Interactive's software or website or their use by any other user.
You agree not to cause any unreasonable burden or load on Infinite
Interactive's software or its computer systems.
SERVICES
You agree that Infinite Interactive will not be liable for any
delay or unavailability of the Infinite Interactive website or
related services, whether due to an act or omission of Infinite
Interactive or an act or omission of any third party.
USER SUBMISSIONS
Infinite Interactive may make available to you the ability to
submit information and links to the website. This includes the
submission of links to the Links page. You agree that all of your
submissions will be in compliance with this Agreement.
All submissions may be subject to review by Infinite Interactive
prior to the information or link being posted to the website.
Infinite Interactive may refuse to post any information or link
and may remove the same for any reason, in its sole discretion.
Infinite Interactive's posting of any information or link does
not mean that Infinite Interactive agrees that the information
or link complies with this Agreement or that Infinite Interactive
agrees with the content of the information or link.
While Infinite Interactive may review each submission, it does
not thoroughly review the information or the third party website
that a link may resolves to. Further, the information may become
incorrect or the third party website may change from time to time.
Notwithstanding Infinite Interactive's review, you agree to indemnify
Infinite Interactive and other users for any loss or damage that
Infinite Interactive or any user may suffer as a result of the
posting of any information or link that you submit.
CONTENT
Some information or links posted to Infinite Interactive's website
may be offensive to you or incorrect or misleading.
Some portions of the Website allow users to post information
including links to other resources on the Internet. Some of this
information may be reviewed by Infinite Interactive prior to its
posting. However, even if Infinite Interactive reviews and posts
a submission to its website it does not mean Infinite Interactive
endorses the same. All such postings remain the sole responsibility
of the person who submitted such information or link. You agree
to assume all risks in regards to the condition, suitability,
safety, accuracy, quality, integrity, and legality of any information
submitted and in respect any information, product or services
offered or made available through any link which has been submitted
and posted. Under no circumstances will Infinite Interactive be
liable in any manner for the same.
Infinite Interactive may change, add to or delete from its website
at any time without notice. You agree to bear all risks, costs
and damages that you may incur as a result of those changes.
INTELLECTUAL PROPERTY
Infinite Interactive has certain protectable proprietary rights
in its software and website, including copyrights and trademarks.
You may not modify, copy, publish, republish, transmit, sell,
create derivative works, display or in any way exploit any content
contained on the Infinite Interactive website other than for personal
use.
WARRANTY DISCLAIMER
THE INFINITE INTERACTIVE WEBSITE IS PROVIDED "AS IS" AND "AS
AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. INFINITE INTERACTIVE
MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS
WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT
LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY
STATUTE. THE INFINITE INTERACTIVE WEBSITE MAY CONTAIN BUGS, ERRORS,
PROBLEMS, VIRUSES OR OTHER LIMITATIONS. INFINITE INTERACTIVE ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS
OR VIRUSES OR OTHER LIMITATIONS.
LIMITED LIABILITY
IN NO EVENT SHALL INFINITE INTERACTIVE BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN CONNECTION WITH THE USE OR INABILITY TO USE THE INFINITE INTERACTIVE
WEBSITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF
INFINITE INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN ALL OTHER CIRCUMSTANCES INFINITE INTERACTIVE'S TOTAL AGGREGATE
LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE
LIMITED TO $10.00 (AUS).
INDEMNITY
You agree to hold Infinite Interactive, its employees, officers,
directors, agents and other partners from any and all claims or
demands, including reasonable attorney fees, made by anyone due
to or arising from any information submitted, posted, transmitted
or otherwise made available through our website, your use of our
website, or your violation of these terms of use.
NO AGENCY
The parties are independent entities and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended nor created by this Agreement and neither party shall
state or imply anything to the contrary. The links posted to the
Links page are not affiliated with Infinite Interactive, whether
by partnership or otherwise.
NO WAIVER
Infinite Interactive's failure to insist upon or enforce strict compliance
with any provision of this Agreement shall not be construed as
a waiver of any provision or right of the same or different type
in the future.
ENTIRE AGREEMENT
The terms and conditions set out in this Agreement constitute
the entire terms and conditions with respect to the use of Infinite
Interactive's software, website, the Links page and the relationship
between the parties. No representative of Infinite Interactive
is authorized to amend the terms of this Agreement. Amendments
shall only be effective as provided in this Agreement.
TERMINATION
Notwithstanding the termination of this Agreement for any reason,
the provisions of this Agreement relating to intellectual property,
warranty disclaimer, limited liability, indemnity and governing
law shall survive such termination.
GOVERNING LAW
This Agreement, the relationship between you and Infinite Interactive
and your use of Infinite Interactive’s website, the Links page
and the resolution of any dispute arising between the parties
shall be governed and construed in accordance with the laws of
the State of Victoria and those of Australia applicable therein,
without reference to their conflicts of laws. You agree that any
legal action or proceeding between you and Infinite Interactive
which in any way concerns this Agreement or the use of Infinite
Interactive’s website shall be brought exclusively in the courts
of Victoria. Notwithstanding the foregoing, either party may apply
to any court of competent jurisdictions to obtain injunctive relief.
Infinite Interactive is headquartered in Australia.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be severed from this Agreement and the remaining
provisions shall remain in full force and effect.
HEADINGS
Headings are for reference purposes only and shall not be used
in the interpretation of this Agreement.
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