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1. Acceptance of
terms of use and amendments
Each time you use or cause access to
TimeOutNews.com, 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 hosted
on or accessed via
TimeOutNews.com, you will be subject to any rules or
guidelines applicable to the said services, and they will be
incorporated by reference within these
terms of
use. Please refer to 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 services provided to you on and through
TimeOutNews.com are
provided on an "AS IS" basis.You agree that the site editor
exclusively reserves the right to modify or discontinue
provision of TimeOutNews.com
and its services, and to delete the data you provide, either
temporarily or permanently; the site and may, at any time and
without notice and any liability to you, The site editor shall
have no responsibility or liability for the timeliness,
deletion, failure to store, inaccuracy, or improper delivery of
any data or information.
3. Your
responsibilities and registration obligations
In order to use
TimeOutNews.com or certain parts of it, you may be
required to
register a user account on this web site; in this case, you
agree to provide truthful information when requested, and
undertake that you are aged at least the thirteen (13) or more.
By registering, you explicitly agree to this site's
terms of
use, including any amendments made by the site editor from
time to time and available here.
4. Privacy
policy.
Registration data and other
personally-identifiable information that may be collected on
this site is subject to the terms of the site's
privacy policy.
5. Registration
and password
You are responsible for maintaining the confidentiality
of your password, and shall be responsible for all usage of your
user account and or user name, whether authorized or
unauthorized by you. You agree to immediately notify the site
editor of any unauthorized use or your user account, user name
or password.
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, shall be under the sole responsibility of
the person providing the content or the person whose user
account is used. You agree that
TimeOutNews.com may expose you to content that may
be objectionable or offensive. The site editor shall not be
responsible to you in any way for the content that appears on
TimeOutNews.com, nor
for any error or omission.
By using
TimeOutNews.com or any service provided, you
explicitly agree that you shall not:
(a) provide any content or conduct yourself in any way that may
be construed as: unlawful; illegal; threatening; harmful;
abusive; harassing; stalking; tortuous; defamatory; libellous;
vulgar; obscene; offensive; objectionable; pornographic;
designed to interfere or interrupt
TimeOutNews.com or any service provided, infected
with a virus or other destructive or deleterious programming
routine; giving rise to civil or criminal liability; or in
violation of United States of America, applicable local,
national or international law;
(b) impersonate or misrepresent your association with any person
or entity; forge or otherwise seek to conceal or misrepresent
the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use
TimeOutNews.com for the provision of 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, without the site
editor's prior written consent;
(e) provide any content that may give rise to civil or criminal
liability of the site editor, or that may constitute or be
considered a violation of United States of America, any local,
national or international law, including -- but not limited to
-- laws relating to copyright, trademark, patent, or trade
secrets.
7. Submission of
content on
TimeOutNews.com
By providing any content to
TimeOutNews.com:
(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 or
developed subsequently;
(b) you warrant and represent that you have all legal, moral,
and other rights that may be necessary to grant us the license
specified in this section 7;
(c) you acknowledge and agree that the site editor shall 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 made available on or through
TimeOutNews.com. Representations made regarding
products and services provided by third parties are governed by
the policies and representations made by these third parties.
The site editor shall not be liable for or responsible in any
manner 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 subsidiaries, affiliates, related parties,
officers, directors, employees, agents, independent contractors,
advertisers, partners, and co-branders, from any claim or
demand, including reasonable attorney's fees, that may be made
by any third party, due to or arising out of your conduct or
connection with TimeOutNews.com
or service, your provision of content, your violation
of these
terms of use, or any other violation of the rights of
another person or party.
10. DISCLAIMER
OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE
AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE
AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED
TO YOU "AS IS" AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, 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 USE OF ANY ADVICE OR ANY OTHER INFORMATION
OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT
THE SITE EDITOR MAY 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
SHALL 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 LOSS (EVEN IF THE SITE EDITOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE
SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR
CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE.
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 for
TimeOutNews.com, its content, and the 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 uses
of TimeOutNews.com
or service 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 would be considered a copyright infringement or a
violation of your intellectual property rights, the site
editor's copyright agent may be contacted at the following
address:
Click here to contact the webmaster
[Other contact information including address or information
concerning a designated agent]
14. Applicable
law
You agree that these
terms of
use and any dispute arising out of your use of
TimeOutNews.com or
the site editor's products or services shall be governed by and
construed in accordance with local laws in force of United
States of America, headquarters of the owner of
TimeOutNews.com,
without regard to its conflict of law provisions. By registering
or using this web site and service, you consent and submit to
the exclusive jurisdiction and venue of United States of
America, headquarters of the owner of
TimeOutNews.com.
15.
Miscellaneous information
(ID 1033 0 1) In the event that these
terms of
use conflict with any law under which any provision may be
held invalid by a court with jurisdiction over the parties, such
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 intact; (ii) The failure of either
party to assert any right under these
terms of
use shall not be considered a waiver of that party's right,
and that right will remain in full force and effect; (iii) You
agree that, without regard to any statute or contrary law, that
any claim or cause arising out of
TimeOutNews.com or its services must be filed
within one (1) year after such claim or cause arose, or else the
claim shall be forever barred; (iv) The site editor may assign
the site editor\;s rights and obligations under these
terms of
use; in this case, the site editor shall be relieved of any
further obligation.
Prisqua
TimeOutNews.com
PO Box
1889, Maroochydore, QLD, 4558, Australia
Ph: 61 7
5437 7341 Fax 61 7 5437 7345
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