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Terms of Use
AdSpace Technologies, Inc., agrees
to allow you access to its website ("Website") conditional upon
your acceptance and compliance with the terms, conditions, notices and
disclaimers contained in this document ("Terms of Use"). Your
use of, and/or access to, the Website constitutes your agreement to
the Terms of Use. AdSpace reserves the right to amend the Terms
of Use at any time. Since you are bound by these Terms of Use, you
should periodically refer to them in this document and elsewhere on
the Website.
Intellectual property and restrictions on use of Content on the
Website
All information, text, material, graphics, software and advertisements
on the Website ("Content") are Copyright © 2003
AdSpace,
its suppliers and/or licensors unless expressly indicated otherwise on
the Website. The Content is protected by Australian and international
copyright and trademark laws. Content on the Website is published in
real-time, and you must not modify, copy, reproduce, republish, frame,
upload to a third party, post, transmit or distribute this Content in
any way except as expressly provided for on the Website or expressly
authorized in writing by AdSpace. Strictly on the condition that
you keep all Content intact and in the same form as presented on the
Website (including without limitation all copyright, trademark and
other proprietary notices and all advertisements), you may use an
industry-standard Web browser, download and view the Content for your
personal use. You must not use the Website in any manner or for any
purpose which is unlawful or in any manner which violates any right of
AdSpace or which is prohibited by the Terms of Use.
User
license to AdSpace
By placing any information or other material on the Website (including
posting messages, uploading files, inputting data or engaging in any
other form of communication), you grant to AdSpace a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide
license to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute,
adapt, transmit, publish and/or broadcast, publicly perform or
display, and
2. sublicense to any third parties the
unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right
to exploit all proprietary rights in any such information or other
material including but not limited to rights under copyright,
trademark, service mark or patent laws under any jurisdiction
worldwide. You expressly waive in favor of AdSpace and any other
party authorized by AdSpace all moral rights and any similar
rights in any jurisdiction which you may have or hereafter acquire in
respect of any relevant communication or other material. At the
request and expense of AdSpace, you will execute and deliver to
AdSpace such instruments and take such other actions as may be
required to carry out this grant of license and waiver.
Links to
third party websites
The Website contains hyperlinks and other pointers to Internet
websites operated by third parties. These linked websites are not
under the control of AdSpace, and AdSpace is not responsible
for the contents of any linked web or any hyperlink contained in a
linked website. AdSpace provides these hyperlinks to you as a
convenience only, and the inclusion of any link does not imply any
endorsement of the linked website by AdSpace. You link to any
such website entirely at your own risk.
Disclaimer
and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in
United States of America may confer rights and remedies on you in
relation to the provision by AdSpace of goods or services on the
Website which cannot be excluded, restricted or modified ("Non-excludable
Rights"). AdSpace does not exclude any Non-excludable Rights
but does exclude all other conditions and warranties implied by
custom, law or statute.
Except as provided for by the
Non-excludable Rights: a) all Content is provided "as is" and without
warranties of any kind, either express or implied, b) AdSpace and
its suppliers expressly disclaim all warranties of any kind including
but not limited to implied warranties of merchantability and fitness
for a particular purpose, c) AdSpace does not warrant that the
functions contained in any Content or your access to the Website will
be uninterrupted or error-free, that any defects will be corrected or
that the Website or the server which stores and transmits Content to
you are free of viruses or any other harmful components, d)
AdSpace does not warrant or make any representation regarding
your access to, or the results of your access to, the Website
(including any related or linked websites) or any Content in terms of
correctness, accuracy, timeliness, completeness, reliability or
otherwise, and e) you (and not AdSpace ) assume the entire cost
of any necessary verification, maintenance, repair and/or correction
of any relevant Content.
Under no circumstances (including but
not limited to any act or omission on the part of AdSpace ) will
AdSpace be liable for any indirect, incidental, special and/or
consequential damages or loss of profits whatsoever which result from
any use or access of, or any inability to use or access, the Website
or any Content.
To the fullest extent permitted by law,
AdSpace's liability for breach of any implied warranty or
condition which cannot be excluded is limited at the option of
AdSpace to, in the case of services supplied or offered by
AdSpace, (a) the supply of the services again, or (b) the payment
of the cost of having services supplied again; and in the case of
goods supplied or offered by AdSpace, (c) the replacement of the
goods or the supply of equivalent goods, (d) the repair of such goods,
(e) the payment of the cost of replacing the goods or acquiring
equivalent goods, or (f) the payment of the cost of having the goods
repaired.
Termination
The Terms of Use are effective until terminated by AdSpace, and
AdSpace may terminate this agreement and your access to the
Website at any time without notice. In the event of termination, you
are no longer authorized to access the Website, but all restrictions
imposed on you, licenses granted by you and all AdSpace
disclaimers and limitations of liability set out in the Terms of Use
will survive.
Miscellaneous
AdSpace relies on your continued observance of these Terms of
Use. If AdSpace suffers any loss or damage or incurs any costs in
connection with any breach of these Terms of Use or any other legal
obligation then you agree to indemnify AdSpace for those losses,
damages and costs.
This agreement will be governed by and
construed in accordance with the laws of the United States of America.
You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of the United States of America. If any
provision of this agreement is found to be invalid or unenforceable by
a court of law, such invalidity or unenforceability will not affect
the remainder of the agreement, which will continue in full force and
effect.
All rights not expressly
granted herein are reserved.
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