AGREEMENT between User and Melway Website. The Melway Website is comprised of various Web pages operated by Melway Publishing Pty Ltd. The Melway Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Melway Website constitutes your agreement to all such terms, conditions, and notices.
Melway Publishing Pty Ltd reserves the right to change the terms, conditions, and notices under which the Melway Website is offered, including but not limited to the charges associated with the use of the Melway Website.
LINKS TO THIRD PARTY SITES
The Melway Website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Melway Publishing Pty Ltd and the Melway Website 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. The Melway Website is not responsible for webcasting or any other form of transmission received from any Linked Site. Melway Website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Melway Website of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Melway Website, you warrant to Melway Website that you will not use the Melway Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Melway Website in any manner which could damage, disable, overburden, or impair the Melway Website or interfere with any other party’s use and enjoyment of the Melway Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Melway Website.
USE OF COMMUNICATION SERVICES
The Melway Website 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.
The Melway Website has no obligation to monitor the Communication Services. However, Melway Website reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Melway Website reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Melway Website 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 Melway Website’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Melway Website does not control or endorse the content, messages or information found in any Communication Service and, therefore, Melway Website 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 authorized Melway Website spokespersons, and their views do not necessarily reflect those of the Melway Website. 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 Melway Website OR POSTED AT ANY Melway Website
Melway Website does not claim ownership of the materials you provide to Melway Website (including feedback and suggestions) or post, upload, input or submit to any Melway Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Melway Website, 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. Melway Website is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Melway Website’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.
Melway Website reserves the right, in its sole discretion, to terminate your access to the Melway Website 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 Victoria, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Victoria, Australia in all disputes arising out of or relating to the use of the Melway Website. Use of the Melway Website is unauthorized 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 Melway Website as a result of this agreement or use of the Melway Website. Melway Website’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Melway Website’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Melway Website or information provided to or gathered by Melway Website 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 Melway Website with respect to the Melway Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Melway Website with respect to the Melway Website. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Melway Website are: Copyright 2014 Melway and/or its suppliers. All rights reserved.
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.