1. ACCEPTANCE OF TERMS
adelaide4989 Australia Pty Ltd. ("adelaide4989") welcomes you. adelaide4989 provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular adelaide4989 owned or operated services, you and adelaide4989 shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. adelaide4989 may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
adelaide4989 provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for adelaide4989 to provide the Service. You also understand and agree that the Service may include certain communications from adelaide4989, such as service announcements, administrative messages and the adelaide4989 Newsletter, and that these communications are considered part of adelaide4989 membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new adelaide4989 properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that adelaide4989 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the New South Wales or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or adelaide4989 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, adelaide4989 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). adelaide4989 is concerned about the safety and privacy of all its users, particularly children.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify adelaide4989 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. adelaide4989 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not adelaide4989, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. adelaide4989 does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will adelaide4989 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7. INTERNATIONAL NATURE OF COMMUNICATIONS ON adelaide4989 NETWORK
When you register with adelaide4989, you acknowledge that in using adelaide4989 services to send electronic communications (including but not limited to email, search queries, sending messages to adelaide4989 Services and other Internet activities), you will be causing communications to be sent through adelaide4989's computer networks, portions of which are located in California in the United States and portions of which are located in NSW, Australia. As a result, and also as a result of adelaide4989's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in international data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Service and transfer, posting and uploading of software, technology, and other technical data via the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Service to export-prohibited parties or countries; (c) will not use the Service for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Service any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
adelaide4989 does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant adelaide4989 the following worldwide, royalty-free and non-exclusive license(s), as applicable:
• With respect to Content you submit or make available for inclusion on publicly accessible areas of adelaide4989, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific adelaide4989 to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or adelaide4989 removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than adelaide4989, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or adelaide4989 removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than adelaide4989, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the adelaide4989 network of properties that are intended by adelaide4989 to be available to the general public. By way of example, publicly accessible areas of the Service would include adelaide4989 Message Boards and portions of adelaide4989, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of adelaide4989 that are limited to members, adelaide4989 services intended for private communication such as adelaide4989 Mail or adelaide4989 Messenger, or areas off of the adelaide4989 network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by adelaide4989.
10. CONTRIBUTIONS TO adelaide4989
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to adelaide4989 through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) adelaide4989 is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) adelaide4989 shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) adelaide4989 may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of adelaide4989 without any obligation of adelaide4989 to you; and (f) you are not entitled to any compensation or reimbursement of any kind from adelaide4989 under any circumstances.
You agree to indemnify and hold adelaide4989 and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your adelaide4989 ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that adelaide4989 may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on adelaide4989's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that adelaide4989 has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that adelaide4989 reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that adelaide4989 reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
adelaide4989 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that adelaide4989 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that adelaide4989 may, under certain circumstances and without prior notice, immediately terminate your adelaide4989 account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your adelaide4989 account includes (a) removal of access to all offerings within the Service, including but not limited to adelaide4989 Mail, Groups, Messenger, Domains, Personals, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in adelaide4989's sole discretion and that adelaide4989 shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that adelaide4989 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because adelaide4989 has no control over such sites and resources, you acknowledge and agree that adelaide4989 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that adelaide4989 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. adelaide4989'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by adelaide4989 or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
adelaide4989 grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by adelaide4989 for use in accessing the Service.