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Island
Hoppers Website - Terms of Use
General
This
website has been compiled by Island Hopers and 5 Mates Production
Pty Limited (hereafter referred to as “5MP”).
Access
to the 5MP Website is subject to this “Terms of Use” (hereafter
referred to as “TOU”). Please read these TOU carefully before using
this website. By accessing or otherwise using this 5MP Website, you
declare that you have taken note of, and agree to be bound by,
these TOU. If you do not accept one or more of the TOU, you should
not use this website.
5MP
is entitled at its sole discretion to change, modify, amend, add or
remove any part of these TOU and to change, amend or delete any
features of the 5MP Website at any time without notice.
“Contents”
of this website may include but are not limited to: text, graphical
images, audio and underlying source/object code (such as, but not
limited to, HTML code or Java code) of this website and any portion
thereof.
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Permitted
Use
Your
attitude and conduct must be in accordance with that which may be
expected from a responsible and careful internet user in all
respects. Among other things, you may not use the 5MP Website or
the Content thereof for actions and/or conducts that are against
the law, public law or common decency. In particular, the following
actions and/or conducts are not permitted: i) Infringement of works
protected by patent, copyright, database, design protection or
trademark, or any other actions that are contrary to the
intellectual property rights of third parties; ii) Making
injurious, unlawful or misleading statements; iii) Circulating
material that is prohibited by law; iv) Acting contrary to relevant
law or international law; or v) Evading or deleting the security of
the website or a portion thereof.
You
may not distribute, modify, reproduce, transmit, publish,
broadcast, post or otherwise use the Contents of this website in a
way which will infringe 5MP intellectual property rights
The
Contents of this website cannot be modified, copied or
reverse-engineered.
Any copy of the Content must include the copyright notice or
trademark notice of 5MP.
The
distribution, modification, reproduction, transmission,
publication, broadcasting, posting or other use of the graphical
images of this website is prohibited without the express written
consent of 5MP.
If
you upload or otherwise provide any information or content in the
course of accessing or using the 5MP Website, you agree that such
content will be available to 5MP to use in any manner it thinks
fit, subject to applicable provisions of any legislation including
(without limitation) privacy legislation. You agree that you will
not upload or otherwise provide any content that is
unlawful.
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Intellectual
Property Rights
All
intellectual property rights with respect to the Content of the 5MP
Website are vested solely in 5MP, or its affiliates. Product names,
logos, marks or the 5MP name appearing in this Internet Site and/or
designated with a ® or ™ are trademarks owned or licensed by 5MP or
its affiliates and materials designated with a © are subject to
copyrights owned by 5MP or its affiliates.
The
use or misuse of such trademarks or copyrighted materials except as
noted above is strictly prohibited.
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Disclaimer
Except
as provided by law, the 5MP Website is provided “as is” and without
any warranty or condition, express or implied. 5MP does not warrant
that the information contained in or accessible through the 5MP
Website is accurate, suitable for your purposes or without errors,
omissions or viruses, nor does 5MP guarantee continuous,
uninterrupted or secure access to the 5MP Website.
You
acknowledge that access and use of the 5MP Website may be
interfered with by numerous factors outside of 5MP
control.
5MP
does not warrant the accuracy of any advice, opinion, statement,
representation or other information displayed or accessible through
the 5MP Website.
Subject
to the provisions of the Trade Practices Act 1974, 5MP makes no
representations or warranties in respect of the information and
materials available on the 5MP Website or the means of accessing
that information and material.
5MP
makes no warranty or representation and accepts no responsibility
for any websites operated or controlled by entities other than 5MP
which may become linked or framed to or from the 5MP
Website.
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Liability
and Indemnification
In general, 5MP believes that its links to publicly accessible
third party Web pages is legally permissible and consistent with
common customary expectations of those who make use of the
internet. If any entity does not wish that 5MP Website link with
their site, then 5MP will remove the link from this website upon
their written request.
5MP is not liable for any loss or damages (including direct,
indirect, special, or consequential loss) relating to, or arising
out of the use of the 5MP Website.
To the extent that 5MP is able to limit the remedies available
under these TOU, 5MP expressly limits its liability for breach of a
condition or warranty by virtue of any legislation to the cost of
goods or services provided by 5MP.
You indemnify 5MP against any action, liability, claim, loss,
damage, proceeding, expense (including legal costs) suffered by us,
arising from, or which is directly or indirectly, related to your
breach or non-observance of any term of these conditions of use, or
any breach or inaccuracy in any of your representations or
warranties.
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Other
You must not establish links on any other website to the 5MP
Website without the prior written consent of 5MP.
The TOU are governed by the laws of Victoria. Any disputes between
5MP and you as a result of the TOU will be submitted to the
relevant court in Australia. The 5MP Website is available only to
people in Australia who can form legally binding contracts under
applicable law.
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