General provisions
These Terms of Use constitute an agreement made by and between Big River Group Pty Ltd, (“Big River”) and you (“you,” “your” or “user”). This agreement contains the terms and conditions that govern your use of this website.
By accessing, visiting, browsing, using or attempting to interact with any part of this website, or other Big River services, websites or any of Big River’s licensees services or software (collectively “services”), you agree that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, please do not access or use any part of this website.
Big River reserves the right, from time to time, with or without notice to you, to make changes to this agreement in Big River’s sole discretion. Continued use of any part of this website constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the “terms of use” hyperlink located at the bottom of each page on any Big River website.
Access to this site
To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Big River believes the information you provide is not correct, current, or complete, Big River has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time.
Restriction on use
You may use this website for purposes expressly permitted by this site. As a condition of your use of Big River website, you warrant to Big River that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorise any party to):
(a) co-brand this website; or
(b) frame this website; or
(c) hyperlink to this website, without the prior written permission of an authorised representative of Big River.
For purposes of these Terms of Use, “co-branding” means to display a name, logo, trade mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website.
You agree to cooperate with Big River in causing any unauthorised co-branding, framing or hyperlinking immediately to cease. In addition, you may not use this website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
Personal and non-commercial use limitation
This website is for your personal and non-commercial use, unless otherwise specified. You may not use this website for any other purpose, including any commercial purpose, without Big River’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to this website.
Proprietary information
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Big River (the “Content”) is the proprietary information of Big River or the party that provided or licensed the Content to Big River, whereby such providing party retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Big River, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trade mark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in these Terms of Use violates Big River’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Hyperlinks
This website may be hyperlinked to other sites that are not maintained by, or related to, Big River. Hyperlinks to such websites are provided as a service to users and are not sponsored by or affiliated with this website or Big River. Big River has not reviewed any or all of such websites and is not responsible for the content of those websites. Big River is not responsible for webcasting or any other form of transmission received from any hyperlinked site.
Hyperlinks are to be accessed at the user’s own risk, and Big River makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the websites hyperlinked to this website. Big River provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third party website does not necessarily imply endorsement by Big River of that website or any association with its operators.
Use of communication services
Big River’s websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this website any material that:
- you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this website;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- harvests or otherwise collects information about others, including email addresses, without their consent;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
- advertises any commercial endeavour (eg offering for sale products or services) or otherwise engages in any commercial activity (eg conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on this website;
- solicits funds, advertisers or sponsors;
- includes programs that contain viruses, worms and/or Trojan or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;
- includes MP3 format files;
- amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
- disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this website or any networks connected to this website; or
- contains hyperlinks to other websites that contain content that falls within the descriptions outlined above.
Big River reserves the right to monitor use of this website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Big River reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Big River also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Big River nor any third party that provides Content to Big River will assume or have any liability for any action or inaction by Big River or such third party with respect to any submission.
Big River cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Big River does not control or endorse the content, messages or information found in any Communication Service and, consequently, Big River specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Commentators and hosts are not authorised Big River spokespersons, and their views do not necessarily reflect those of Big River.
Submissions
You hereby grant to Big River the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Big River through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Big River will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Big River operations.
Big River will treat any personal information that you submit through this website in accordance with its Privacy Policy. Big River encourages you to review its Privacy Policy, which can be accessed at the bottom of each page on this site.
Disclaimer
You understand that Big River cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, trojan or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Big River does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any reports, statements, or notices provided by Big River relevant to such Content.
Your use of this website is at your own risk. The content is provided “as is” and without warranties of any kind, either expressed or implied. Big River disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Big River does not warrant that the functions or content contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Big River does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Big River may make changes or improvements at any time. You, and not Big River, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this website or its content. Big River makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Big River does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.
Limitation on liability
Big River, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Big River has been advised of the possibility of such damages. In no event will the collective liability of Big River and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid directly to Big River for the applicable content or service out of which liability arose.
Termination or restriction of access
Big River reserves the right, in its sole discretion, to terminate your access to any or all of Big River’s websites and the related services or any portion thereof at any time, without notice.
Indemnity
You will indemnify and hold Big River, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorised in these Terms of Use.
You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.
Trade marks and copyrights
Trade marks, service marks, logos, and copyrighted works appearing in this website are the property of Big River or the party that provided the trade marks, services marks, logos, and copyrighted works to Big River. Big River and any party that provided trade marks, service marks, logos, and copyrighted works to Big River retain all rights with respect to any of their respective trade marks, service marks, logos, and copyrighted works appearing in this site.
All contents of Big River’s websites are: Copyright ©2008 Big River Pty Ltd. All rights reserved.
Security
Any passwords used for this website are for individual use only. You will be responsible for the security of your password (if any). Big River will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Big River considers insecure, Big River will be entitled to require the password to be changed.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (eg password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Big River reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Big River reserves the right to investigate suspected violations of these Terms of Use.
Big River reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Big River to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed by Big River in its sole discretion to violate these Terms of Use. By accepting this agreement you waive and hold harmless Big River from any claims resulting from any action taken by Big River during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Big River or law enforcement authorities.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of NSW, Australia notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in NSW in connection with any dispute between you and Big River arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in NSW.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Big River as a result of this agreement or use of Big River’s website.
These Terms of Use along with any additional terms and conditions included by Big River on this website together constitute the entire agreement among the parties relating to this subject matter, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Big River with respect to Big River’s websites.
A printed version of such documents and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this website will govern any additional items to which they pertain.
Big River may revise these Terms of Use at any time by updating this posting without notice to you.
Disclaimer
While every effort has been made to ensure the accuracy and appropriateness of the information on this Site, neither Big River nor any of its officers, employees or agents accept any responsibility or liability for any loss occasioned by a person relying on the information or statements contained on it.
