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TERMS AND CONDITIONS OF USE
of PerthMilitaryModellingSite (PMMS)
1 ACCEPTANCE OF TERMS
1.1 Your access to
and use of PerthMilitaryModellingSite.com ("the Website") and
the Services outlined in Clause 2, are subject exclusively to these
Terms and Conditions. You will not use the Website/Services for any
purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website/Services you are fully accepting the terms, conditions
and disclaimers contained in this notice. If you do not accept these
Terms and Conditions you must immediately stop using the Website/Services.
1.2 PerthMilitaryModellingSite.com
reserves the right to update or amend these Terms and Conditions at
any time and your continued use of the Website/Services following any
changes shall be deemed to be your acceptance of such change. It is
therefore your responsibility to check the Terms and Conditions regularly
for any changes.
2 THE SERVICES
The Website may provide communication
tools such as email, bulletin boards, chat areas, news groups, forums
and/or other message or communication facilities ("the Services")
designed to enable you to communicate with others. Unless stated otherwise
the Services are for your personal and non-commercial use only.
3 USER ACCOUNT,
PASSWORD AND SECURITY
If a particular Service requires you to open
an account you will be required to complete the registration process
by providing certain information and registering a username and password
for use with the Services. You are responsible for maintaining the
confidentiality of the username and password and also for all activities
that take place under your account. You agree to immediately notify
PerthMilitaryModellingSite.com of any unauthorised use of your password
or account or any other breach of security. In no event will PerthMilitaryModellingSite.com
be liable for any indirect or consequential loss or damage whatsoever
resulting from the disclosure of your e-mail address, IP number, username
and/or password. You may not use another person’s account at
any time, without the express permission of the account holder.
4 ACCEPTABLE
USE
4.1 You acknowledge that all information, text, graphics, logos,
photographs, images, moving images, sound, illustrations and other
materials ("the Content"), whether posted publicly or transmitted
privately, are the sole responsibility of the person from whom such
Content originated. PerthMilitaryModellingSite.com does not control
or endorse the Content and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge that by using the Services
you may be exposed to Content that is offensive and/or indecent. PerthMilitaryModellingSite.com
will not be liable in any way for any Content or for any loss or damage
of any kind resulting from the use of any Content transmitted via the
Services and you agree to bear all risks associated with the use of
any Content, including any reliance on the accuracy or completeness
of such Content.
4.2 In using the Website/Services you agree not to:
4.2.1 use
the Services to send junk email, spam, chain letters, pyramid schemes
or any other unsolicited messages, commercial or otherwise;
4.2.2 post, publish, distribute or disseminate material or information
that is defamatory, infringing, obscene, indecent, threatening, abusive,
harassing or unlawful;
4.2.3 post, publish, distribute or disseminate
material or information that incites discrimination, hate or violence
towards any person or group on account of their race, religion, disability,
nationality or otherwise;
4.2.4 threaten, abuse, disrupt, stalk or
otherwise violate the legal rights (including rights of privacy and
publicity) of others;
4.2.5 use any information or material in any
manner that infringes any copyright, trademark, patent or other proprietary
right of any party;
4.2.6 make available or upload files that contain
a virus, worm, trojan or corrupt data that may damage the operation
of the computer or property of another;
4.2.7 collect or store personal
information about others, including email addresses;
4.2.8 advertise
or offer to buy or sell goods or services for any commercial purpose,
unless such communication facility specifically allows such messages;
4.2.9 impersonate any person or entity for the purpose of misleading
others;
4.2.10 violate any applicable laws or regulations;
4.2.11 use
the Website/Services in any manner that could damage, disable, overburden
or impair the Website/Services or interfere with any other party’s
use and enjoyment of the Website/Services;
4.2.12 post, publish, distribute
or disseminate material or information that you do not have a right
to transmit under any law or under contractual or fiduciary relationships
(such as inside information or confidential information disclosed in
the course of employment or under a confidentiality agreement);
4.2.13 attempt to gain unauthorised access to any of the Services, other accounts,
computer systems or networks connected to the Website/Services through
hacking, password mining or any other means.
4.3 PerthMilitaryModellingSite.com has
no obligation to monitor the Services but shall be entitled to review
materials posted to a communications facility and, at its sole discretion,
to remove any material that breaches these Terms and Conditions or
is otherwise objectionable.
5 TERMINATION
PerthMilitaryModellingSite.com has the
right to terminate your access to any or all of the Services at any
time, without notice, for any reason, including without limitation,
breach of these Terms and Conditions. PerthMilitaryModellingSite.com
may also at any time, at its sole discretion, discontinue the Website/Services
or any part thereof without prior notice and you agree that PerthMilitaryModellingSite.com
shall not be liable to you or any third party for any termination of
your access to the Website/Services.
6 LINKS TO THIRD PARTY WEBSITES
The links to other web sites are provided as a service only and do
not represent endorsement or recommendation of any information, company,
product or service. PerthMilitaryModellingSite.com is not responsible
for the validity of information on linked sites.
7 INTERNATIONAL USE
7.1 You agree to comply with all
applicable laws regarding the transmission of technical data exported
from Australia or the country in which you reside (if different)
and with all local laws and rules regarding acceptable use of and conduct
on the Internet.
7.2 Any other Profit-making or Non Profit-making
organizations may use material referenced on these pages only with
expressed written consent from PerthMilitaryModellingSite.com and with
credit being given to PerthMilitaryModellingSite.com for its origin
where such written consent is given.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 The Website and
its content (including without limitation the Website design, text,
graphics and all software and source codes connected with the Website
and the Services) are protected by copyright, trade marks, patents
and other intellectual property rights and laws. In accessing the Website
you agree that you will access the contents solely for your personal,
non-commercial use. None of the content may be downloaded, copied,
reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the downloading,
copying and/or printing of pages of the Website for personal, non-commercial
home use only.
8.2 PerthMilitaryModellingSite.com does not claim
ownership of any materials you post, upload or submit to any publicly
accessible area of the Services. However, by doing so you are granting
PerthMilitaryModellingSite.com a world-wide, royalty free, non-exclusive
licence to copy, distribute, transmit, reproduce, publicly display,
edit, translate or publish such Content for as long as you elect to
display such Content via the Services. The licence shall be terminated
when such Content is deleted from the Services.
9 INDEMNITY
You agree to indemnify and hold PerthMilitaryModellingSite.com
and its employees and agents harmless from and against any breach by
you of these Terms and Conditions and any claim or demand brought against
PerthMilitaryModellingSite.com by any third party arising out of your
use of the Services and/or any Content submitted, posted or transmitted
through the Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses) howsoever suffered or incurred
by PerthMilitaryModellingSite.com in consequence of your breach of
these Terms and Conditions.
10 DISCLAIMERS
AND LIMITATION OF LIABILITY
10.1 Use of the Website/Services is at
your own risk. The Website/Services are provided on an "AS IS" and "AS
AVAILABLE" basis without any representation or endorsement made
and without warranty of any kind whether express or implied, including
but not limited to the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility,
security and accuracy.
10.2 To the extent permitted by law, PerthMilitaryModellingSite.com
will not be liable for any indirect or consequential loss or damage
whatsoever (including without limitation loss of business, opportunity,
data, profits) arising out of or in connection with the use of the
Website/Services.
10.3 All photographs posted on this website that
are not credited to the copyright holder are assumed to be in the public
domain. If you hold the copyright to any of the photos that appear
here and copyright has not been credited to you, please contact the
administrators.
10.4 PerthMilitaryModellingSite.com makes no warranty
that the Website/Services will meet your requirements, that the Content
will be accurate or reliable, that the functionality of the Website/Services
will be uninterrupted or error free, that defects will be corrected
or that the Website/Services or the server that makes them available
are free of viruses or anything else that may be harmful or destructive.
10.5 Nothing in these Terms
and Conditions shall be construed so as to exclude or limit the liability
of PerthMilitaryModellingSite.com for death or personal injury as a
result of the negligence of PerthMilitaryModellingSite.com or that
of its employees or agents.
10.6 Nothing in these Terms and Conditions shall affect your statutory
rights as a consumer.
11 SEVERANCE
If any of these Terms and Conditions
should be determined to be invalid, illegal or unenforceable for any
reason by any court of competent jurisdiction then such Term or Condition
shall be severed and the remaining Terms and Conditions shall survive
and remain in full force and effect and continue to be binding and
enforceable.
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