By accessing the underthehammer.net.au Websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use.
1. Parties To This Agreement And Consideration
The parties to this Agreement (the "Agreement") are You, (the "User"), and Under The Hammer(the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the Websites; the term "You" and "Your" is used to refer to You, the User.
1.1. By accessing the materials at Websites and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.2. Subject to Your acceptance of the terms and conditions set forth in this Agreement, the Company agrees to grant you a limited personal non-transferable right to access the contents of underthehammer.net.au and affiliated sites operated by the Company.
1.3. This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at or via hyperlink to the Websites. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
2. User Verification
All materials, including messages, and other communications, contained at the websites are intended for distribution exclusively in locations where the materials, messages and other communications contained at the websites do not violate any community standards or any federal, state or local law or regulation any country.
3. User's Code Of Conduct
You agree, warrant and covenant to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
3.1. You will not use the Websites to engage in any form of illegal conduct, harassment or offensive behaviour, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Websites which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
3.2. You will not use the Websites to infringe the privacy rights, property rights, or other civil rights of any person.
3.3. You will not post messages or use the Websites in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
4. Grant Of Limited License With Reservations
You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by the Company.
4.1. You acknowledge that You understand that the Company does not authorize access to any part of the Websites in any manner contrary to the express provisions of this Agreement.
4.2. You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Websites in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
4.3. You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Websites to or by any person, including you, who is located in any of the areas designated as prohibited areas below.
4.4. You hereby acknowledge and agree that Company does not authorize access to any parts of the Websites in any manner which bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs or other materials inside the Websites or directly access files designated as part of the Websites except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
4.5. You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Websites in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
5. Parties To This Agreement And Consideration
All of the following areas constitute prohibited areas from which no part of the Websites may be accessed, viewed, downloaded or otherwise received:
5.1. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
5.2. All parts of every other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Websites would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use of materials.
6. Indemnification For Unauthorized Use Of Proprietary Materials
You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Websites by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, legal fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
7. Limited Grant Of Licence
Subject to all the terms and conditions set forth herein, the Company hereby grants You a limited, non-exclusive and non-transferable licence to view or use photos, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized use of the Websites which the Company provides during the period in which You are a current User in good standing. You may use the Materials only in accordance with these terms and conditions of Use. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from the Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (6) making any other use of the Materials not specifically authorized by the Company. This license does not grant You any rights to any software enhancements or updates of any kind. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
8. Company's Proprietary Rights To Content
Except for public domain material or material otherwise licensed to or authorized for use by the Company for electronic dissemination, all Materials displayed at or otherwise available through the Websites are proprietary, and, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of the Company. All editions of the Websites, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Websites are protected by the international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at the Websites shall at all times remain in the Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive licence granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a User in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
9. Limitations On Company's Liability
9.1. You acknowledge and agree that the Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by Users or Advertisers through the Websites, or through any use, directly or indirectly, of the Websites. You further acknowledge and agree that the Websites do not screen any Users or Advertisers of the Websites, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of Users of the Websites, including any person who places Advertisements in the Websites; You further acknowledge and agree that the Websites do not endorse, encourage, recommend or arrange communications or meetings among Users of the Websites, or any other persons, and You are expected to use prudent common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom you have communicated through the use of any public areas of the Websites, or through advertisements posted on the Websites.
9.2. You agree that Materials and all other services provided to You by the Company are provided on an "as is" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by the Company is borne by You. Should the Materials or any other service provided by the Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not the Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall the Company, its suppliers, licensees, resellers, or other Users or their suppliers, licensees, resellers or Users be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms. Trojan Horses or other destructive software or materials, or communications by You or other users of the Websites, or from any use of Materials or from any use of the Websites whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement.
9.3. Any liability of the Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behaviour, negligence, or under any other cause or action, shall be strictly limited to the amount of the fee (if any) paid by or on behalf of the User to the Company for the preceding month.
9.4. The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Websites.
9.5. No warranty is made by the Company regarding any information, services, Materials or products provided through or in connection with the Websites, and the Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose.
9.6. You acknowledge that use of the Websites is at Your own risk. We do not represent or endorse the accuracy of reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Websites or by a User of the Websites or any other person or entity.
10. Disclaimer Regarding Third Party Content/Limitation Of Liability
10.1. You acknowledge that You understand that we are not responsible for, nor can we control, the use by others of any information which You provide to them through the Websites, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Websites;
10.2. You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and that You release us from any and all liability in connection with the use or misuse of such information by other parties;
10.3. You further acknowledge that You understand that we do not control the content of any information, messages, communication or other materials posted or uploaded by Users of the Websites, including without limitation all Advertisers, and that consequently You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other Users of the Websites.
10.4. You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other Users of the Websites, including without limitation all Advertisers, and that consequently You release us from any and all liability and responsibility in connection with the accuracy or truthfulness of any such messages, communication, information or content of any kind provided by other Users of the Websites.
10.5. You further acknowledge that You understand that we do NOT screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Websites by third-party licensees, advertisers, or Users for electronic dissemination through the Websites. All Users of the Websites are therefore cautioned and advised to use their own judgement to fully evaluate all advertisements and other communications available at or through the use of the Websites prior to purchasing goods and/or services described at the Websites or otherwise responding to any communication at the Websites.
10.6. Some of the content of the Websites might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party Websites that may provide content to the Websites. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for that content.
11. Inappropriate Use Of Chat Or Public Areas Use Of Proprietary Materials
If the Websites enable Users to share information with other Users through the use of Chat rooms, Public Areas or other means of communication among Users, You agree and warrant that You shall not submit, publish, or display on the Websites any material which infringes any laws of the Territory, is defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify the Company and its representatives for any claims or suits arising from Your use of this Website in violation of this agreement and warranty.
11.1. Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Websites by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Websites by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Websites which may be applicable from time to time.
11.2. Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Websites by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Websites or any applicable content guidelines adopted from time to time by the Websites, or to be otherwise unacceptable.
11.3. You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Websites or Users of the Websites and that we may, in our sole discretion, terminate or suspend Your access to all or part of the Websites at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Websites at our sole discretion, and You may be referred to appropriate law enforcement agencies.
11.4. You acknowledge and agree that You are solely responsible for any information You send, display, or receive through the Websites even if a claim should arise after termination of service.
12. Communications In Chat Room Or Public Areas Not Private
You acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Websites shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Websites for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Websites can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
13. Trademark And Service Mark
"underthehammer.net.au" is a registered service mark of the Company. No use of this or any other mark which may be registered by the Company at any time in the future shall be permitted except with the prior written authorization and permission of the Company. All rights reserved.
14. Private Use Of Materials
All materials included at the Websites are for the private use by authorized Users only. No other uses are intended by the Company and any other use is strictly prohibited by the Company and will constitute a violation of these terms and conditions.
15. Disclosure And Other Communication
We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Websites, or of any of our related products and services. We reserve the right to disclose information about Your usage of the Websites and demographics in forms that do not reveal Your personal identity. We do not collect, sell, trade, or give away any personal information in any way.
16. Your Consent To Receive Email Communications From Us
You hereby grant us the right, from time to time, at our discretion to send You commercial, advertising or informational emails at Your email address. You acknowledge that we may rely upon Your viewing of the Websites as Your permission to us to send You such emails. Furthermore, You grant us the right to continue to send You such emails until You specifically notify us that You wish us to stop sending You said emails.
17. Liability Of Users For Information They Post
The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide any kind of service to Users, or to post information at, in or on the Websites. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any law in any applicable jurisdiction, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling the Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Websites.
17.1. You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Websites even if a claim for damages or liability should arise after termination of service.
17.2. If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Users who are authorized to access the Websites and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and notified that any and all messages and other communications which You submit to the Company directly or through the Websites can be read by the operators and/or other agents of the Company, whether or not they are the intended recipient(s).
18. Notices To Company Or Users
Notices from the Websites to authorized Users may be given by means of electronic messages or by general posting on the Websites. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
18.1. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at email@example.com
19. Entire Agreement
This Agreement contains the entire agreement between the authorized User and the Company regarding use of the Websites, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by the Company.
19.1 You acknowledge and agree that the terms and conditions of this Agreement are subject to change by the Company at any time and shall be effective after notice to Users by posting at or via hyperlink to the Websites.
20. Venue And Jurisdiction
This Agreement shall be governed by and construed under the laws of the State of New South Wales as applied to agreements between residents of New South Wales entered into and to be performed within the State of New South Wales , except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In case of any litigation regarding this Agreement. You hereby consent and stipulate to the jurisdiction of said State and/or Federal Court as said by Under The Hammer Pty Ltd.
21. Unenforceability Of Provisions
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.