Canberracalendar.com.au Terms of Use Agreement
Updated May 3, 2008
Canberracalendar.com.au is an online events calendar where people can view and post local and interstate events via an online membership account. Canberracalendar.com.au is operated by Bowtie Anna, who are located at 3 Lithgow St. Fyshwick, ACT. More contact information for Bowtie Anna can be found at their website, www.bowtieanna.com. The Canberracalendar.com.au website is hosted in Australia.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Canberracalendar.com.au website and its services. By using the Canberracalendar.com.au website, you agree to be bound by this Agreement, whether you are a "Visitor" (browsing the Canberracalendar.com.au Website without being registered) or you are a "Member" (you have registered with Canberracalendar.com.au). The term "User" refers to a Visitor or a Member. You are only authorized to use the Canberracalendar.com.au website if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and print it for your records. If you do not agree to be bound by it and to follow all applicable laws, you should discontinue use of the Canberracalendar.com.au website immediately.
Canberracalendar.com.au may modify this Agreement from time to time and such modification shall be effective upon posting by Canberracalendar.com.au on the Canberracalendar.com.au Website. Y our continued use of the Canberracalendar.com.au website after Canberracalendar.com.au posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Canberracalendar.com.au website and that you provide to other Users. Your Canberracalendar.com.au profile may not include any form of Prohibited Content, as outlined in this agreement. If you become aware of misuse of the Canberracalendar.com.au website by any person, please email us at info@canberracalendar.com.au.
Canberracalendar.com.au reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Canberracalendar.com.au website at any time, for any or no reason, with or without prior notice or explanation, and without liability. Canberracalendar.com.au expressly reserves the right to suspend and/or delete your member account and/or deny, restrict, suspend, or terminate your access to all or any part of the Canberracalendar.com.au website if Canberracalendar.com.au determines, in its sole discretion, that you have violated this Agreement or pose a threat to Canberracalendar.com.au and/or its Users and/or violating any applicable law.
1. Eligibility.
Use of the Canberracalendar.com.au website and registration to be a Member for the Canberracalendar.com.au website (“Membership”) is void where prohibited.
2. Term.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Canberracalendar.com.au website or are a Member. You may terminate your Membership at any time, for any reason, by contacting us via the “Contact Us” link at the bottom of the website’s pages. Canberracalendar.com.au may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.
3. Fees.
You acknowledge that Canberracalendar.com.au reserves the right to charge for any portion of the Canberracalendar.com.au website and to change its fees (if any) from time to time in its discretion.
4. Password.
When you sign up to become a Member, you will be assigned a random numeric password. You may change this password in your Member Account section. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify Canberracalendar.com.au immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members.
The Canberracalendar.com.au website is a promotional tool for the personal and commercial use of Members. Illegal and/or unauthorized use of the Canberracalendar.com.au website, including collecting passwords or email addresses of Members by electronic or other means for the purpose of sending unsolicited email is prohibited. Canberracalendar.com.au reserves the right to take appropriate legal action for any illegal or unauthorized use of the Canberracalendar.com.au website.
6. Proprietary Rights
You represent, warrant and covenant that: (i) you own the Content posted by you on the Canberracalendar.com.au website or otherwise have the right to upload and publicly display your content, and (ii) the posting of your Content on or through the Canberracalendar.com.au website does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights,copyrights, contract rights or any other rights of any person or entity. The Canberracalendar.com.au website contain Content of Users and other Canberracalendar.com.au licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Canberracalendar.com.au website.
7. Content Posted.
Canberracalendar.com.au may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Canberracalendar.com.au violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Canberracalendar.com.au assumes no responsibility for monitoring the Canberracalendar.com.au website for inappropriate Content or conduct. If at any time Canberracalendar.com.au chooses, in its sole discretion, to monitor the Canberracalendar.com.au website, Canberracalendar.com.au nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Canberracalendar.com.au website, and any material or information that you transmit to other Members and for your interactions with other Users. You are solely responsible for ensuring that all Content that you post on or through any of the Canberracalendar.com.au website, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Canberracalendar.com.au.
8 Content/Activity Prohibited.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the Canberracalendar.com.au website. Canberracalendar.com.au reserves the right to investigate and take appropriate legal action against anyone who, in Canberracalendar.com.au's sole discretion, violates this provision, including without limitation, removing the offending Content from the Canberracalendar.com.au website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Canberracalendar.com.au:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
- promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in Australia.
9 Protecting Copyrights and Other Intellectual Property . Canberracalendar.com.au respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Canberracalendar.com.au has the right to terminate the Membership of infringers.
10 Member Disputes.
You are solely responsible for your interactions with other Canberracalendar.com.au Members. Canberracalendar.com.au reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11 Privacy.
Use of the Canberracalendar.com.au website is also governed by our Privacy Policy.
12 Disclaimers.
Canberracalendar.com.au is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Canberracalendar.com.au website, whether caused by Users of the Canberracalendar.com.au website or by any of the equipment or programming associated with or utilized in the Canberracalendar.com.au website and such User Content does not necessarily reflect the opinions or policies of Canberracalendar.com.au. Events created and posted by Members on the Canberracalendar.com.au Website may contain links to other websites. Canberracalendar.com.au is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Canberracalendar.com.au. Inclusion of any linked website on the Canberracalendar.com.au website does not imply approval or endorsement of the linked website by Canberracalendar.com.au. When you access these third-party sites, you do so at your own risk. Canberracalendar.com.au takes no responsibility for third party advertisements or third party applications that are posted on or through the Canberracalendar.com.au website, nor does it take any responsibility for the goods or services provided by its advertisers. Canberracalendar.com.au is not responsible for the conduct, whether online or offline, of any User of the Canberracalendar.com.au website. Canberracalendar.com.au cannot guarantee and does not promise any specific results from use of the Canberracalendar.com.au website.
13 Limitation on Liability.
IN NO EVENT SHALL CANBERRACALENDAR.COM.AU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CANBERRACALENDAR.COM.AU WEBSITE, EVEN IF CANBERRACALENDAR.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CANBERRACALENDAR.COM.AU'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CANBERRACALENDAR.COM.AU FOR THE CANBERRACALENDAR.COM.AU WEBSITE DURING THE TERM OF MEMBERSHIP.
14 Indemnity.
You agree to indemnify and hold Canberracalendar.com.au, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Canberracalendar.com.au website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Canberracalendar.com.au website causes Canberracalendar.com.au to be liable to another.
15 Other.
This Agreement is accepted upon your use of the Canberracalendar.com.au Website or any of the Canberracalendar.com.au website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Canberracalendar.com.au regarding the use of the Canberracalendar.com.au website. The failure of Canberracalendar.com.au to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Please contact us at: info@canberracalendar.com.au with any questions regarding this Agreement.