Legals

Restrictions on use of content and intellectual property of the website.

Public use of the website

User license to Web Embrace

Advertising, links to third party websites and e-commerce offers

Hosting

Termination

Miscellaneous

The website owner warrants that all personal information submitted by visitors to the website will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances.

Restrictions on use of content and intellectual property of the website.
All materials, text, graphics, information, software and advertisements on the website is Copyright © Web Embrace, the authors and managers and partners and/or licensors unless expressly indicated otherwise on the website. The content is protected by International and Australian trademark and copyright laws. The contents of the website is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of Web Embrace, except where authorised on the website, or is expressly authorised in writing by Web Embrace or its authorised partners or members. Strictly on the condition that users 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), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The website must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of Web Embrace or a partner or member or which is prohibited by the Terms of Use.

Public use of the website
The Web Embrace website contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietar y right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. Web Embrace will monitor and review the contents of the website. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of Web Embrace is in any way objectionable or in violation of any applicable law or the Terms of Use, Web Embrace has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is Web Embrace responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the website are solely their own). The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. Web Embrace reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials that violate any applicable or relevant law.

User license to Web Embrace
By posting any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to Web Embrace a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

• Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and;
• 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.

The user expressly waives in favour of Web Embrace and any other party authorised by Web Embrace all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of Web Embrace, and expense of the user, the user will execute and deliver to Web Embrace such instruments and take such other actions as may be required to carry out this grant of license and waiver.

Advertising, links to third party websites and e-commerce offers
The website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of Web Embrace, and Web Embrace is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Web Embrace provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Web Embrace or its partners or members. The user links to any such website entirely at their own risk. The website also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by Web Embrace or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not necessarily made by Web Embrace, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated website are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. Web Embrace is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to Web Embrace terms of use.

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by Web Embrace of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Web Embrace 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) Web Embrace 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) Web Embrace does not warrant that the functions contained in any content or any public interface or user 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 the user are free of viruses or any other harmful components, d)

Web Embrace does not warrant or make any representation regarding the users access to, or the results of the users 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) the user (and not Web Embrace) 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 Web Embrace) will Web Embrace or its partners or members 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.

The user expressly acknowledge and agrees that Web Embrace does not exert control over users of the website and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Web Embrace’s’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Web Embrace to the following: in the case of services supplied or offered by Web Embrace, (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 Web Embrace, (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.

Hosting
We agree to provide web hosting and email services to you through our host computers but only on the following basis:

Web Embrace will provide you with a shared IP address, username, and password to enable access to our service.
We will provide you with the Hosting Plan you subscribe to and features as described on our web site.
Hosting plans are to be used for web site hosting. Script development and testing scripts should be used on a private server as faulty scripts may cause server over-load.
We will provide you with bandwidth. Bandwidth is measured by the data transferred to and from your account. Bandwidth usage includes web site (http), ftp and email traffic.
We will provide you with disk space. Disk space is the amount of space measured in bytes used on the server(s). Disk space usage includes both web hosting account files and email. Disk space is used for active web site hosting and email files, not as a repository to store unrelated files and files not in use.

Email Service
Our email service is important to you and our other subscribers.
As a condition of your use of our email service, you agree as follows: You agree to remove your email from our mail server promptly and to keep the space used by your files on the system below 20 megabytes. We have the right to remove email data in excess of 20 megabytes left by you on our mail server. If you have not made a special arrangement with us, we will not be liable for any loss of data because of your failure to housekeep your email.

Email enables a rapid, immediate and widespread response. You must not use the email service for communication that is defamatory or contrary to generally accepted community standards of behaviour or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are, to review your use of our services at any time, and to terminate you if we consider that you have breached these standards. If you defame anyone through your use of the email service and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand. You agree not to send multiple, unsolicited email (SPAM or UCE), to single or multiple users whether or not this is for business purposes. Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behaviour on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion), you agree that we may terminate your email service without liability to you.

We will make genuine and commercially reasonable efforts to make the services you have subscribed for operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. However, if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. The reasons for these limits on our service levels are because: We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free. You may use our services for purposes we do not know about and have no control over.

We may at any time cancel, reject, or refuse to continue hosting any web sites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any web site. This right will not be unreasonably exercised.

Termination
The Terms of Use are effective until terminated by Web Embrace, and Web Embrace may terminate this agreement and users' access to the website at any time without notice. In the event of termination, users are no longer authorised to access the website, but all restrictions imposed on the user, licenses granted by the user and all Web Embrace disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous
Web Embrace relies on the user's continued observance of these Terms of Use. If Web Embrace 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 the user agrees to indemnify Web Embrace for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where Web Embrace is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. 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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