AGREEMENT BETWEEN USER AND
VillageMall Operations Pty Ltd
The VillageMall Operations Pty Ltd Web Site is comprised of various Web
pages operated by VillageMall Operations Pty Ltd.
The VillageMall Operations Pty Ltd Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the VillageMall Operations Pty Ltd
Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
VillageMall Operations Pty Ltd reserves the right to change the terms,
conditions, and notices under which the VillageMall Operations Pty Ltd Web
Site is offered, including but not limited to the charges associated with
the use of the VillageMall Operations Pty Ltd Web Site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the VillageMall Operations Pty Ltd Web Site is
for your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products or services obtained from the VillageMall Operations Pty Ltd Web
Site.
LINKS TO THIRD PARTY SITES
The VillageMall Operations Pty Ltd Web Site may contain links to other Web
Sites (“Linked Sites”). The Linked Sites are not under the control of
VillageMall Operations Pty Ltd and VillageMall Operations Pty Ltd is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. VillageMall Operations Pty Ltd is not responsible for
web casting or any other form of transmission received from any Linked
Site. VillageMall Operations Pty Ltd is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement
by VillageMall Operations Pty Ltd of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the VillageMall Operations Pty Ltd Web Site,
you warrant to VillageMall Operations Pty Ltd that you will not use the
VillageMall Operations Pty Ltd Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the
VillageMall Operations Pty Ltd Web Site in any manner which could damage,
disable, overburden, or impair the VillageMall Operations Pty Ltd Web Site
or interfere with any other party’s use and enjoyment of the VillageMall
Operations Pty Ltd Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the VillageMall Operations Pty Ltd Web
Sites.
USE OF COMMUNICATION SERVICES
The VillageMall Operations Pty Ltd Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a
group (collectively, “Communication Services”), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received
all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation
of another’s computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes
or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
VillageMall Operations Pty Ltd has no obligation to
monitor the Communication Services. However, VillageMall Operations Pty
Ltd reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. VillageMall
Operations Pty Ltd reserves the right to terminate your access to any or
all of the Communication Services at any time without notice for any
reason whatsoever.
VillageMall Operations Pty Ltd reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in VillageMall
Operations Pty Ltd’s sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. VillageMall
Operations Pty Ltd does not control or endorse the content, messages or
information found in any Communication Service and, therefore, VillageMall
Operations Pty Ltd specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorised
VillageMall Operations Pty Ltd spokespersons, and their views do not
necessarily reflect those of VillageMall Operations Pty Ltd.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO VillageMall Operations Pty
Ltd OR POSTED AT ANY VillageMall Operations Pty Ltd WEB SITE
VillageMall Operations Pty Ltd does not claim ownership of the materials
you provide to VillageMall Operations Pty Ltd (including feedback and
suggestions) or post, upload, input or submit to any VillageMall
Operations Pty Ltd Web Site or its associated services (collectively
“Submissions”). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting VillageMall Operations Pty
Ltd, its affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. VillageMall Operations Pty Ltd is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in VillageMall Operations Pty Ltd’s sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
SOFTWARE AVAILABLE ON THE VillageMall Operations
Pty Ltd WEB SITE
Software (if any) that is made available to download from the VillageMall
Operations Pty Ltd Web Site, excluding software that may be made available
by end-users through a Communication Service, (“Software”) is the
copyrighted work of VillageMall Pty Ltd and/or its suppliers. Your use of
the Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software (“License
Agreement”). You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first agree to the License
Agreement terms. For any Software not accompanied by a license agreement,
VillageMall Operations Pty Ltd hereby grants to you, the user, a personal,
non-transferable license to use the Software for viewing and otherwise
using the particular VillageMall Operations Pty Ltd Web Site in accordance
with these Terms of Use, and for no other purpose provided that you keep
intact all copyright and other proprietary notices. All Software is owned
by VillageMall Pty Ltd and/or its suppliers and is protected by copyright
laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying
documentation and/or technical information, may be subject to applicable
export control laws and regulations. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject to
export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE VillageMall Operations Pty Ltd WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. VillageMall Operations Pty Ltd AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VillageMall
Operations Pty Ltd WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
VillageMall Operations Pty Ltd WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
VillageMall Operations Pty Ltd AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE VillageMall Operations Pty Ltd WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
VillageMall Operations Pty Ltd, VillageMall Operations Pty Ltd AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
VillageMall Operations Pty Ltd, VillageMall Operations Pty Ltd AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VillageMall
Operations Pty Ltd WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
VillageMall Operations Pty Ltd WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VillageMall
Operations Pty Ltd WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
VillageMall Operations Pty Ltd WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VillageMall Operations
Pty Ltd OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE VillageMall Operations Pty Ltd WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
VillageMall Operations Pty Ltd WEB SITE.
SERVICE CONTACT: VillageMall Support
TERMINATION/ACCESS RESTRICTION
VillageMall Operations Pty Ltd reserves the right, in its sole discretion,
to terminate your access to the VillageMall Operations Pty Ltd Web Site
and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Queensland, Australia and you hereby
consent to the exclusive jurisdiction and venue of courts in Brisbane,
Queensland, Australia in all disputes arising out of or relating to the
use of the VillageMall Operations Pty Ltd Web Site. Use of the VillageMall
Operations Pty Ltd Web Site is unauthorised in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
VillageMall Operations Pty Ltd as a result of this agreement or use of the
VillageMall Operations Pty Ltd Web Site. VillageMall Operations Pty Ltd’s
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
VillageMall Operations Pty Ltd’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the
VillageMall Operations Pty Ltd Web Site or information provided to or
gathered by VillageMall Operations Pty Ltd with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between the user and VillageMall Operations Pty Ltd with respect
to the VillageMall Operations Pty Ltd Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and VillageMall Operations Pty Ltd with
respect to the VillageMall Operations Pty Ltd Web Site. A printed version
of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that
this agreement and all related documents be drawn up in English. C’est la
volonté express des parties que la présente conversion ainsi que les
documents qui s’y rattachment soient rédigé en anglais.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the VillageMall Operations Pty Ltd Web Site are: Copyright
© 1999,2003 VillageMall Pty Ltd or VillageMall Operations Pty Ltd and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement of copyright should be
sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. |
