SITENAME...

(Last updated on 5/20/2007)

Please read the Terms of Use carefully before accessing or using this Site.

ACCEPTANCE OF TERMS

By accessing or using this SITENAME Pty Ltd website and all other websites of SITENAME Pty Ltd with links to the Terms of Use ("Site") in anyway, including without limitation, using any Services, downloading any Materials or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes that SITENAME Pty Ltd, its affiliates and authorised agents ("SITENAME") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

SITENAME may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your access, continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly review the "Terms of Use" link on the home page of SITENAME.net to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

THE SITE

SITENAME Pty Ltd, its affiliates and agents ("SITENAME") make this website and all other websites of SITENAME with links to the Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, text, files, data, documents (e.g. white papers, press releases, FAQs, etc.), communications, downloads, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by SITENAME or users of the Site. "Services" means all services and resources offered or enabled via the Site by SITENAME and users of the Site, including without limitation, download areas, developer tools services, product and other information services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail, forums (including user to user forums), newsgroups, personal webpages, photo albums and other message or communication facilities designed to enable you to communicate with others (collectively, "Communications Venues"). All Materials provided by SITENAME are referred to collectively as "SITENAME Materials". All user-supplied Materials are referred to collectively as "User Materials". Certain Services may involve collaboration and file-sharing services among a specified group. Materials posted by users in such group in conjunction with such collaboration and file-sharing Services are referred to collectively as "Shared Content". The group of persons among which such collaboration and file sharing where Shared Content is involved is referred to as the "Work Group". All User Materials that are not Shared Content shall be referred to as "User Content". SITENAME Materials and User Materials may have different restrictions and conditions associated with them under the Terms of Use and other guidelines and rules posted via the Site.

INTELLECTUAL PROPERTY; LIMITED LICENCE TO USERS; TRADEMARK INFORMATION

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"). Any unauthorized use of the Materials or Services may violate such Intellectual Property Rights and the Terms of Use. Except as expressly provided herein, SITENAME and its suppliers do not grant any expressed or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of SITENAME Pty Ltd or other third parties. You are not permitted to use the Marks without the prior written consent of SITENAME Pty Ltd or such third party that may own the Marks. SITENAME and the SITENAME logo are the property of SITENAME Pty Ltd.

USE OF SITE AND SERVICES

You are responsible for all costs and charges, including telephone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. Improper activities when accessing or using the Site, Services or Materials, include but without limitation to you:

• collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
• using or attempting to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any SITENAME server or to the Site without authorization from SITENAME, whether through hacking, password mining or any other means.
• removing or falsely adding to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
• accessing or attempting to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
• making available any files containing Materials where you do not own or control, or have not received the necessary licences to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
• using any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
• disrupting or interfering with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
• transmitting unsolicited or bulk communications to any SITENAME account holder or to any SITENAME.net or affiliated e-mail address.
• posting or otherwise submiting any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
• creating a false identity for the purpose of misleading others.
• downloading any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
• disrupting, interfering or inhibiting any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
• breaching any guidelines or other codes of conduct applicable to a particular Service or Materials.
• accessing or using the Site in any manner that could damage, disable, overburden or impairing any SITENAME server or the network(s) connected to any SITENAME server.
• violating any applicable laws or regulations related to the access to or use of the Site, or engaging in any activity prohibited by the Terms of Use.
• posting or otherwise submitting any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
• preparing, compiling, using, downloading or otherwise copying any Site user directory or other user or usage information or any portion thereof, or transmitting, providing or otherwise distributing (whether or not for a fee) such directory or information to any third party.
• engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• violating the rights of SITENAME or any third party (including rights of privacy and publicity) or abusing, defaming, harassing, stalking or threatening another.
• using any SITENAME domain name as a pseudonymous return e-mail address.
• marketing any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by SITENAME.

When using Services or Materials, you will be subject to any posted guidelines, rules or licences applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. SITENAME offers no guarantees and assumes no responsibility or liability whatsoever with respect to the SITENAME Services or any Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, SITENAME Materials, SITENAME provided Services or another Third-Party Service. You agree that you will not hold SITENAME responsible or liable with respect to any SITENAME or the Third-Party Services.

Certain Services and Materials will only be made available to users who have paid SITENAME a fee for such Services and Materials. Such users may additionally be required to enter into a subscription agreement or other user agreement for that particular Service or Material. In addition to these Terms of Use, users of any Services that include Communications Venues may be required, in SITENAME's sole discretion, to agree to a separate legal agreement on the Site or otherwise. Your access to such Communications Venues may be denied for violation of either the Terms of Use or the applicable agreement.

SITENAME, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. SITENAME may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted, and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as SITENAME deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your family in any Services or when you post or otherwise submit any Materials.

If there is a requirement that you must establish an account for connection with a particular Service or Material, you must complete the required registration process for such Service or Material before you may access the Service of Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify SITENAME immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to SITENAME's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.

USE OF SOFTWARE

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Site (collectively, "Software") are the copyrighted and patented work of SITENAME or its suppliers. Use of such Software is governed by the terms of the licence agreement or that accompanies or is included with the Software, or by the licence agreement expressly stated on the Site page(s) accompanying the Software. However, other terms and licences may only be posted with the Software downloads or at the Site page(s) where the Software can be accessed. You will not be able to use, download or install any Software that is accompanied by or includes a licence agreement unless you agree to the terms of such licence agreement. In the absence of a licence agreement that accompanies the Software, the use of the Software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the licence agreement. Without limiting the foregoing, unless the accompanying licence agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.

USE OF SITENAME MATERIALS AND USER CONTENT

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the SITENAME Materials and User Content available on this Site subject to the following conditions:

• The SITENAME Materials and User Content may be accessed and used solely for its intendes use and with the express permission of SITENAME Pty Ltd or its agents.
• The SITENAME Materials and User Content may not be modified or altered in any way.
• The SITENAME Materials and User Content on the Site may not be distributed or sold, rented, leased, licenced or otherwise made available to others without the express permission of SITENAME Pty Ltd.
• You may not remove any copyright or other proprietary notices contained in the SITENAME Materials and User Content.
• You may not copy or distribute any graphics in the SITENAME Materials or User Content apart from their accompanying text.
• You will not quote or display SITENAME Materials or User Content, or any portions thereof, out of context.
• SITENAME reserves the right to revoke the authorization to view, download and print the SITENAME Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from SITENAME.
• The rights granted to you constitute a licence and not a transfer of title.
• SITENAME Materials and User Content comprised of Software are subject to the additional provisions governing Software set forth herein.
• Any SITENAME Materials or User Content made available only upon payment of a fee and/or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee and/or execution of such separate agreement.
• Any SITENAME Materials or User Content acquired upon your execution of a required separate agreement may be provided with the additional rights and obligations set forth in that agreement. Your rights to such SITENAME Materials or User Content shall immediately terminate if you fail to meet your obligations under or otherwise comply with the terms in such agreement or the terms and conditions of the Terms of Use.

Use of the SITENAME Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties.

The rights specified above to view, download and print the SITENAME Materials and User Content available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by SITENAME. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether SITENAME Materials or User Content) belong to their creators and may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

USE OF SHARED CONTENT

Members of a Work Group may use the Shared Content available to such Work Group in any manner that has been agreed upon by the user providing such Shared Content. It is your sole responsibility to discuss with others in your Work Group and determine what limitations, if any, are placed on your use of the Shared Content distributed within your Work Group. If you obtain access to materials created or used by others outside of your Work Group, you have no right to use such materials in any way. You also acknowledge and agree that SITENAME has no liability of any kind whatsoever should members of your Work Group modify, destroy, corrupt, copy or distribute your Shared Content, or violate the Terms of Use or other limitations that you may impose on the use of your Shared Content.

SHARED SUBMITTED MATERIALS

All of your User Materials that you post on or otherwise submit via the Site and Services shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials. SITENAME may, but is not required to, post or use any of your User Materials that you may post or otherwise submit. SITENAME does not pre-screen User Materials that users provide or otherwise submit via the Site or Services; however, SITENAME may, without notice and in its sole discretion, remove any posted or submitted User Materials from the Site or any Service for any reason. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your User Materials as described in these Terms of Use, including all the rights necessary for you to post or submit your User Materials.

In addition, by posting or otherwise submitting your User Materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part ("Images"), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary licence(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with the Site, the Services and as otherwise permitted by these Terms of Use; (b) you have the rights necessary to grant the licences and sublicences described in these Terms of Use, and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images. By posting or otherwise submitting Images, you grant to SITENAME and all other users of this Site permission to use your Images in connection with their use permitted by these Terms of Use (including making prints and gift items incorporating such Images), including an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up licence under all Intellectual Property Rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate, transmit and reformat your Images, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicence such rights through multiple tiers of distribution. You will receive no compensation with respect to the use of your Images.

You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including, without limitation, any reliance on the accuracy, completeness or usefulness of your User Materials. SITENAME does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.

SITENAME'S RIGHTS TO SUBMITTED USER MATERIALS

For all of your User Materials that you post or otherwise submit to the Site, including (a) comments to Communications Venues (b) feedback (c) bug reports (d) piracy reports or (e) product suggestions, you grant SITENAME and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up licence under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicence such rights through multiple tiers of distribution, and you also acknowledge and agree that SITENAME is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that SITENAME shall not be liable for any failure to store User Materials on the Site at any time.

RESTRICTION AND TERMINATION OF USE

SITENAME may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in SITENAME's sole discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES

The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by SITENAME to you as a convenience only and the inclusion of the links does not imply any endorsement by SITENAME of any Linked Site. SITENAME has no control of the Linked Sites and you therefore acknowledge and agree that SITENAME is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that SITENAME is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

WARRANTIES AND DISCLAIMERS

The Site, Services and Materials are provided by SITENAME under these Terms of Use "As Is" without warranty of any kind, either expressed, implied, statutory or otherwise, including, without limitation to, the implied warranties of title, non-infringement, merchantability or fitness for purpose. Without limiting the foregoing, SITENAME makes no warranty or representation that: (1) the Site, Services or Materials will meet your requirements (2) the Site, Services or Materials will be uninterrupted, timely, secure or error-free (3) the results that may be obtained from the use of the Site, Services or Materials will be effective, accurate or reliable (4) the quality of the Site or any Services or Materials purchased or accessible by you will meet your expectations and (5) any errors or defects in the Site, Services or Materials will be corrected.

This Site, Services and Materials may include technical or other mistakes, inaccuracies or typographical errors. Maymy may, at any time in its sole discretion and without notice, make changes to the Site, Materials and Services including, without limitation to the prices and descriptions of any software or products listed. The Site, Materials and Services may be out of date, and SITENAME makes no commitment to update the Site, Materials and Services.

You acknowledge and agree that: (1) SITENAME does not control, endorse, or accept responsibility for any Materials or Services offered by third parties, including third-party vendors and third parties accessible through linked sites; (2) SITENAME makes no representations or warranties whatsoever about any such third parties, their Materials or Services; (3) any dealings you may have with such third parties are at your own risk; and (iv) SITENAME shall not be liable or responsible for any materials or services offered by third parties.

SITENAME does not control or endorse the materials found in any Services and specifically disclaims any liability with regard to the Site, Services and any actions resulting from your use of the Site and Materials and participation in any Services. Managers, hosts, participants and other third parties are not authorized SITENAME spokespersons, and their views do not necessarily reflect those of SITENAME. To the maximum extent permitted by law, SITENAME will have no liability related to User Materials arising breach of intellectual property rights, defamation, privacy, publicity, obscenity or other laws. SITENAME also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of the Site, Services or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. SITENAME assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials. No advice or information, whether oral or written, obtained by you from SITENAME or via the Site, Services or Materials shall create any warranty not expressly stated in the terms of use. SITENAME will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the Site or any Services or Materials, either with or without your knowledge.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to SITENAME products, services and programs that are not available in your country. These references do not imply that SITENAME intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by SITENAME Pty Ltd from its offices within Australia. SITENAME makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside Australia, and access to the Site from locations or countries where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside Australia, you are responsible for compliance with all local laws of the location. See the section on export control laws below for further information.

PERSONAL INFORMATION AND PRIVACY

SITENAME will use and protect your data, such as your name and address, in accordance with the SITENAME Privacy Policy the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services or to purchase from the SITENAME online store.

LIMITATION OF LIABILITY

In no event shall SITENAME, its officers, directors, employees, partners, agents or suppliers be liable to you or any third party for any special, punitive, incidental, direct or indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if SITENAME has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: (1) the access or use of or the inability to access or use the Site, Services or Materials (2) the statements or actions of any third party on or via the Site, Services or Materials (3) any dealings with vendors or other third parties (4) any unauthorized access to or alteration of your transmissions, User Materials or other data; (5) any information that is sent or received or not sent or not received (6) any failure to store or loss of data, files, materials or other content (7) any Services available that are delayed or interrupted (8) any web site referenced or linked to from this Site or (9) your access to or use of or inability to access or use any linked site.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

SITENAME will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. SITENAME may but not obligated to investigate notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
• A description of where the content that you claim is infringing is located on the SITENAME site;
• Information sufficient to permit SITENAME to contact you, such as your physical address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

SITENAME's Designated Agent for Notice of claims of copyright infringement can be reached as follows:

By telephone:
1300 652 800

By e-mail:
from the contact page

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded to. Such inquiries should be made through the contact page.

UNSOLICITED IDEA SUBMISSION POLICY

Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to SITENAME for consideration via this Site shall not be considered or accepted by SITENAME, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).

SPAM E-MAIL AND POSTINGS

In the event of your or others' access to or use of the Site, Services or Materials in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that SITENAME would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that SITENAME is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). SITENAME may without restriction block, filter or delete unsolicited e-mail.

ADVERTISEMENTS AND PROMOTIONS

SITENAME may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that SITENAME is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-SITENAME advertisers on the Site or in connection with the Services or Materials.

FORWARD-LOOKING STATEMENTS DISCLAIMER

This Site may now, or from time to time, contain certain statements or information with respect to the projection of SITENAME's revenues, operating margin, and income. You acknowledge that such information or statement does not constitute any financial advice. SITENAME caution you that such forward-looking statements are predictions only and that actual events or results may differ materially.

All SITENAME Software, products and publications are commercial in nature. The Software and documentation available on this Site are "Commercial Items", consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" with only those rights as are granted to all users pursuant to the Terms of Use and the applicable licence agreement.

INDEMNITY AND LIABILITY

You agree to indemnify and hold SITENAME and its officers, co-branders, its associates, other partners, employees and agents, harmless from any claim or demand, including legal costs made by any third party due to or arising out of, whether directly or indirectly: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party's use of such User Materials or content (e.g. reliance on the accuracy, completeness or usefulness of your User Materials) (b) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials) (c) your connection to the Site, Services or Materials (d) your violation of the Terms of Use; (e) the actions of any member of your Work Group (f) your infringement of any Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto or (i) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

ENFORCEMENT BY INJUNCTION

You acknowledge that your strict adherence to the provisions of the Terms of Use is vital to the operation of the Site, and that damages may not be an appropriate remedy in the event of your breach of the Terms of Use. Accordingly, you acknowledge that SITENAME will be entitled to apply for and obtain temporary or permanent injunctions, declarations and orders for specific performance enforcing the provisions of the Terms of Use in the event of breach and to prohibit or restrain any act or omission by you that would constitute a breach of the Terms of Use.

GOVERNING LAW

This Site (excluding linked sites) is controlled by SITENAME Pty Ltd from its offices within the state of Queensland, Australia. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of Queensland courts, without regard to the conflicts of laws principles thereof.

NON-WAIVER

Any delay or failure by SITENAME to enforce any term of the Terms of Use or exercise any provision of the Terms of Use or related right will not be deemed to be. or shall not constitute, a waiver of any term or provision or of that right or provision. Any waiver by SITENAME of a term of the Terms of Use or a related right must be in writing and will not be deemed to be a waiver of subsequent breaches of the same or of a different kind.

READING DOWN/SEVERANCE

In the event that any provision or portion of any provision of the Terms of Use (including any subsequent changes and updates) is held to be unenforceable or invalid by a court of competent jurisdiction the validity and enforceability of the remaining provisions or portions of such provisions of the Terms of Use will not be adversely affected thereby. The offending provision or part thereof will be read down to the extent necessary to give it legal effect, or will be severed if it cannot be read down, and the remaining part and provisions of the Terms of Use will remain in full force and effect.

RELATIONSHIP OF PARTIES

The parties acknowledge that they are independent proprietors and no relationship of partnership, agency, joint venture or employment is expressly intended or to be implied into the Terms of Use. Notwithstanding anything to the contrary, all Users do not have the power to obligate or bind SITENAME.

GENERAL

The Terms of Use and other rules, guidelines, licences and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between SITENAME and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and SITENAME on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and SITENAME regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licences) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other SITENAME services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without SITENAME's prior written consent.

The headings or section titles used in the Terms of Use are for convenience only and carry with them no legal or contractual effect.