Terms of Service Version 2.0
Last Updated Date: 19/02/2015
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF PLAN IT SYNC IT PTY. LTD. ACN 169 263 861 ITS AFFILIATES OR AGENTS ("WE" or "US" or "OUR") WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE "WEBSITE") IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR THE PLAN IT SYNC IT MOBILE APPLICATION (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES") BY COMPANY OR USERS OF THE SITE ("USERS"), CLICKING ON THE "SUBMIT" BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE LEGALLY ABLE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with such Supplemental Terms, the Supplemental Terms shall take precedence with respect to such Service. These Terms of Service and any applicable Supplemental Terms are referred to herein as the "Terms."
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN ITS SOLE DISCRETION AT ANY TIME.
When changes are made, we will make a new copy of the Terms of Service available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the "Last Updated" date at the top of these Terms of Service. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have a registered account on the Website (each, a "Registered User") upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE CURRENT TERMS.
1) Your Use of the Services and the Company Materials:
The Application, the Software, the information and content available on the Website and in the Services (as these terms are defined below) (collectively, the "Company Materials") are protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited license to reproduce portions of the Company Materials for the sole purpose of using the Services for your personal or business purposes. Unless otherwise specified by us in a separate license, your right to use any of the Company Materials that you access or download through the Website, the Application, or the Services is subject to the Terms.
1.1) Application License:
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sub-licensable, revocable license to download, install and use a copy of our software application for mobile devices (the "Application") on a single mobile device or computer that you own or control and to run such copy of the Application for your personal or business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. (All "Apple" intellectual property belongs to Apple.)
1.2) Certain Restrictions:
The rights granted to you in these Terms are subject to the following restrictions:
YOU SHALL NOT:
(a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website, including any Company Materials,
(b) frame (whether sampling/framing of otherwise) or utilise framing techniques to enclose any trademark, logo, or other Company Materials (including images, text, page layout or form);
(c) use any metatags or other hidden text using our name or trademarks;
(d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools or the like to scrape or download data from any web pages contained in the Website;
(f) access the Company Materials in order to build a similar or competitive website, application or service;
(g) except as expressly stated herein, no part of the Company Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and
(h) remove or destroy any copyright notices or other proprietary markings contained on or in the Company Materials. Any future release, update or other addition to the Company Materials shall be subject to these Terms. We, our suppliers and service providers reserve all rights not granted in the Terms. Any unauthorised use of the Website, the Application, or the Services terminates the licenses granted by us pursuant to the Terms.
You understand that the Website, the Application and the Services are evolving. As a result, we may require you to accept updates to the Website, the Application, or the Services that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Website, the Application, and/or the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Website, the Application and/or the Software.
1.4) Third Party Materials:
As a part of the Company Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
1.5) Mobile Devices and Services:
2.1 Registering your Account
In order to access certain features of the Website, the Application, and the Services you may be required to become a "Registered User". For purposes of these Terms, a Registered User is a User who has registered an account on the Website ("Account") or has a valid account on Social Networking Sites or other third party calendaring service (collectively, "SNS") through which the User has connected to the Services (each such account, a "Third Party Account").
2.2 Access through an SNS
If you access the Services through an SNS as part of the functionality of the Website and the Services, you may link your Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to us through the Website or the Services; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting the us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Website and Services via your Account Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 4.1) for all purposes of the Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Website and Services. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website and Services. You have the ability to disable the connection between your Account and your Third Party Accounts at any time by accessing the settings section of the Website or the Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non infringement and we are not responsible for any SNS Content.
2.3 Registration Data
In registering for the Services, you agree to:
(1) provide true, accurate, current and complete information about yourself as prompted by the Services'; registration form (the "Registration Data"); and
(2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least thirteen (13) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using the Services under the laws of the Country applicable to your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorised use of the Company Materials or the Services by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Company Materials and/or the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Company Materials and/or the Services if you have been previously removed by Company, or if you have been previously banned from the Services.
2.4 Activities Under your Account
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify us immediately of any unauthorised use of your password or any other breach of security; and (2) exit from your Account at the end of each session.
2.5 Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Company Materials and the Services, including but not limited to, a mobile device that is suitable to connect with and use the Company Materials and the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Company Materials and the Services.
3) Responsibility for Content
3.1 Types of Content.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website, the Application or the Services, whether publicly posted or privately transmitted, including the Company Materials ("Content"), are the sole responsibility of the party from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through the Services, the Application, or the Website ("Your Content"), and other Users of the Services, are similarly responsible for all Content they Make Available through the Services, the Application, or the Website ("User Content").
3.2 No Obligation to Pre-Screen Content
You acknowledge that we have no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although we reserve the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
We have no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that we retain the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by us in our sole discretion.
4.1 Company Materials
Except with respect to Your Content and User Content, you agree that we and our suppliers own all rights, title and interest in the Website, the Services, and the Company Materials (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using our game client, and our game clients and server software) You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Company Materials.
Plan it Sync it and other related graphics, logos, service marks and trade names used on the Website, in the Company Materials or in connection with the Services are our trademarks and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Website, in the Company Materials or in connection with the Services are the property of their respective owners.
4.3 Other Content
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Website, the Application, the Software, or the Services.
4.4 Your Content
We do not claim ownership of Your Content. As between you and us, you retain ownership of any intellectual property rights that you hold in Your Content. However, for us to do what we do, we need a license from you. By submitting Your Content, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You represent and warrant that you have all necessary rights to grant the foregoing license and that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you are responsible for all of Your Content that you Make Available on or in the Website, or the Services, whether publicly posted or privately transmitted.
4.5 Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and in use to our benefit. Of course, subject to your compliance with these Terms, we let you use your Account.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through iur suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that we have no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re- format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website, the Application, and the Services.
5) User Conduct
5.1 Commercial Activities
You agree that you will not, under any circumstances (except to the extent expressly authorised by these Terms):
a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Website, Services (including your Account), Company Materials, or access to or use of the Website, Services or Company Materials;
b) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
5.2 Unauthorised Use or Access
You agree that you will not, under any circumstances:
a) Interfere or attempt to interfere with the proper functioning of the Website, Services or Company Materials or connect to or use the Website, Services or Company Materials in any way not expressly permitted by the Terms, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of- service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
b) Systematically retrieve data or other content from our Website, Services or Company Materials to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
c) Use, display, mirror or frame the Website, Services or Company Materials, or any individual element within the Website, Services, or Company Materials, Company"s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
d) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Services, whether through the use of a network analyser, packet sniffer or other device;
e) Make any automated use of the Website, Services, or Company Materials, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Website, Services or Company Materials;
f) Bypass any robot exclusion headers or other measures Company takes to restrict access to the Website, Services or Company Materials or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, Services or Company Materials or harvest or manipulate data;
g) Use, facilitate, create, or maintain any unauthorised connection to the Website, Services or Company Materials, including, but not limited to: (a) any connection to any unauthorised server that emulates, or attempts to emulate, any part of the Website, Services or Company Materials; or (b) any connection using programs, tools or software not expressly approved by Company;
h) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, Services or Company Materials, or to obtain any information from the Website, Services or Company Materials;
i) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) Solicit or attempt to solicit personal information from other users of the Website, Services or Company Materials;
k) Use our Website, Services or Company Materials to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
l) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as spyware, passive collection mechanisms or pcms).
In connection with your use of the Website, Services, and Company Materials, you shall not:
a) Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
b) Harm minors in any way;
c) Impersonate any person or entity, including, but not limited to, our personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
f) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
g) Register for more than one Account or register for an Account on behalf of an individual other than yourself;
h) Stalk or otherwise harass any other user of our Website, Services or Company Materials; or
i) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
We may, but we are not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, we shall have the right, in our sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although we do not generally monitor user activity occurring in connection with the Website, Services, Company Materials, or Content, if we become aware of any possible violations by you of any provision of the Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Website, Services, or Company Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
7) Third Party Services
7.1) Third-Party Websites & Ads
The Website, Services, and Company Materials may contain links to third-party websites ("Third Party Websites") and advertisements for third parties (collectively, "Third Party Websites & Ads"). When you click on a link to a Third Party Website or Ad, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Websites are not under our control. We are not responsible for any Third Party Websites & Ads. Company provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7.2 App Stores
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the Website, Services, and Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store"s terms and policies) when using the Application and the Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
We do not charge fees for the use of our Website or Services or any features thereof for the personal consumer account, but we reserve the right to do so in the future. The personal, premium and the business accounts are not free and in order to use them you will need to select from our priced plans. From time to time we may offer limited free trial periods for these paid accounts.
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "Company Parties" harmless from any losses, costs, liabilities and expenses (including reasonable attorneys" fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website, the Application, or the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, or (e) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnity by you, in which event you will fully cooperate with us in pressing any available defence. You agree that the provisions in this section survive any termination of your Account or the Services.
10) Disclaimer of Warranties
10.1 AS IS
You expressly understand and agree that to the extent permitted by applicable law, your use of the website, the application, and the services is at your sole risk, and the website, the application, and the services are provided on an "as is" and "as available" basis, with all faults. company parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
a) The company parties make no warranty, representation or condition that: (1) the website, the application, or the services will meet your requirements; (2) the website, the application, or the services will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the website, the application, or services will be accurate or reliable; or (4) any errors in the website, the software, the application or the services will be corrected.
b) any content or company materials downloaded from or otherwise accessed through the website, the application, or the services is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, your computer system and any device you use to access the website, the application, or the services, or any other loss that results from accessing such content.
c) the services may be subject to delays, cancellations and other disruptions. company makes no warranty, representation or condition with respect to services, including but not limited to, the quality, effectiveness, reputation and other characteristics of services.
d) no advice or information, whether oral or written, obtained from us or through the website or the company materials will create any warranty not expressly made herein.
e) from time to time, we may offer new beta features or tools with which our users may experiment. such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this section apply with full force to such features or tools.
10.2 NO LIABILITY FOR CONDUCT OF THIRD PARTIES
You acknowledge and agree that the company parties are not liable, and you agree not to seek to hold the company parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.
11) Limitation of Liability
11.1 DISCLAIMER OF CERTAIN DAMAGES
You understand and agree that in no event shall Company Parties be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the website, the application, the software, the services or the site content, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, on any theory of liability, resulting from:
1) the use or inability to use the website, the application, or the services;
2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through the website, the application, or the services;
3) unauthorised access to or alteration of your transmissions or data;
4) statements or conduct of any third party on the website or the services; or
5) any other matter related to the website, the application, or the services, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
11.2 USER CONTENT
the company parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your content and user content), user communications or personalisation settings.
11.3 Information Verification
Company Parties may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that we and our suppliers will have no liability to you arising from any incorrectly verified information.
12. Procedure for Making Claims of Copyright Infringement.
It is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner"s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website, or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
1) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of the location on the Website or Services of the material that you claim is infringing;
4) Your address, telephone number and e-mail address;
5) A written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
6) A Statutory Declaration by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner"s behalf.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Plan It Sync It Pty Ltd,acn 169 263 861, 18 Harker Street, Burwood, VIC 3125, Australia or by email: firstname.lastname@example.org
13) Term and Termination
These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Website, the Application, or any Services, unless terminated earlier in accordance with these Terms.
13.2 Prior Use
Notwithstanding the foregoing, if you used the Website, the Application, or any Services prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used the Website, the Application, or the Services (whichever is earlier) and will remain in full force and effect while you use the Website, the Application, or any other Services, unless earlier terminated in accordance with these terms.
13.3 Termination of Services
If either party wants to terminate any Services provided by us, such party may do so by notifying the other party at any time, at which point you will close your Account for all of the Services that you use. Any notice by you should be sent, in writing, to our address set forth in 12.6 above.
13.4 Effect of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Website, the Application, or in the Services, including Your Content, in our possession in connection with your use of the Website, the Application, or the Services, to
1) Comply with applicable laws, legal process or governmental request;
2) Enforce the Terms;
3) Respond to any claims that Your Content violates the rights of third parties;
4) Respond to your requests for customer service; or
5) Protect our rights, property or personal safety , our Users or the public, and all enforcement or other government officials, as we in our sole discretion believe is necessary or appropriate.
In the event that we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Website, the Application, or the Services, we reserve the right to:
a) Warn you via e-mail (to any e-mail address you have provided to us) that you have violated these Terms;
b) Delete any of Your Content provided by you or your agent(s) to the Website, the Application, or the Services;
c) Discontinue your registration(s) with the Website and/or any Services or our community;
d) Discontinue your subscription to any Services;
e) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
f) Pursue any other action which we deem to be appropriate.
14.3 No Subsequent Registration
If your registration(s) with or ability to access the Website, the Application, or the Services, or any other Company community is discontinued by us due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Website, the Application, the Software, the Services or any other Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those materials or Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
15) International Users
This Website can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Company intends to announce such services or Content in your country. The Website and Services are controlled and offered by Company from its facilities in Australia. Company makes no representations that the Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The following provisions shall apply only if you are located in the countries listed below.
15.1 United Kingdom
A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
Notwithstanding anything to the contrary in Section 12, we are also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations.
16) General Provisions
16.1 Electronic Communications
The communications between you and us use electronic means, whether you visit the Website or send us e-mails, or whether we post notices on the Website or communicates with you via e-mail.
For contractual purposes, you:
1) Consent to receive communications from us in an electronic form; and
2) Agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights.
You hereby release the us and Company Parties and our and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third party websites of any kind arising in connection with or as a result of your these Terms or your use of the Website, the Application, or the Services.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, at our sole unfettered discretion, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.4 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, acts of civil or military authorities, civil disobedience, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.5 Dispute Resolution
If you believe that we have not complied with these Terms, please contact us by email at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
16.6 Choice of Law and Venue
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Victoria, Commonwealth of Australia, without giving effect to any conflict of laws principles that require the application of the law of a different state. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts in which our principal place of business is located for any lawsuit filed against you by us arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
16.7 Limitations Period
You and we agree that any cause of action arising out of or related to these terms, the website, the services or the content must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
a) Any claim or dispute (excluding claims for injunctive or other equitable relief) in connection with this Agreement where the total amount of the award sought is less than Five Thousand Australian Dollars (AUD $5,000.00) may be resolved in a cost effective manner through mediation at the option of the party seeking relief. Such mediation shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers mediation as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding mediation will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider.
16.9 Choice of Language
It is the express wish of the parties that these Terms and all related documents have been drawn up in English.
Where we require that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, our dispatch of the e- mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: firstname.lastname@example.org. Such notice shall be deemed given when received by us by letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.13 Export Control
You may not use, export, import, or transfer the Company Materials except as authorised by Australian law, the laws of the jurisdiction in which you obtained the Company Materials, and any other applicable laws. In particular, but without limitation, the Company Materials may not be exported or re-exported
a) into any Australian embargoed countries; or
b) to anyone on the Australian Treasury Department"s list of Specially Designated Nationals or the Australian Department of Commerce"s Denied Persons List or Entity List. By using the Company Materials, you represent and warrant that (i) you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a "terrorist supporting" country and (ii) you are not listed on any Australian Government list of prohibited or restricted parties. You also will not use the Company Materials for any purpose prohibited by Australian law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of Australia. You shall comply with these laws and regulations and shall not, without prior Australian government authorisation, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16.14 Accessing and Download the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
a) You acknowledge and agree that (i) these Terms are concluded between you and us only, and not Apple, and (ii) we, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
d) You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e) You and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party"s intellectual property rights, as between you and Apple, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
f) You and we acknowledge and agree that Apple, and Apple"s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
g) Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
16.15 Entire Agreement
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.