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AGREEMENT between USER and ZABRE Technologies
The Zabre Technologies Web Site is comprised of various Web pages operated by Zabre Technologies.
The Zabre Technologies Web Site is offered to you conditioned on your acceptance without modification of the terms- conditions- and notices contained herein. Your use of the Zabre Technologies Web Site constitutes your agreement to all such terms- conditions- and notices.
MODIFICATION OF THESE TERMS OF USE
Zabre Technologies reserves the right to change the terms, conditions, and notices under which the Zabre Technologies Web Site is offered including - but not limited, to the charges associated with the use of the Zabre Technologies Web Site.
LINKS TO THIRD PARTY SITES
The Zabre Technologies Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Zabre Technologies and Zabre Technologies is not responsible for the contents of any Linked Site- including without limitation, any link contained in a Linked Site- or any changes or updates to a Linked Site. Zabre Technologies is not responsible for web casting- or any other form of transmission, received from any Linked Site. Zabre Technologies is providing these links to you only as a convenience- and the inclusion of any link does not imply endorsement by Zabre Technologies of the site- or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Zabre Technologies Web Site you warrant Zabre Technologies that you will not use the Zabre Technologies Web Site for any purpose that is unlawful or prohibited by these terms-conditions- and notices. You may not use the Zabre Technologies Web Site in any manner which could damage- disable- overburden or impair the Zabre Technologies Web Site- or interfere with any other party's use and enjoyment of the Zabre Technologies Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for- through the Zabre Technologies Web Sites.
USE OF COMMUNICATION SERVICES
The Zabre Technologies Web Site may contain Bulletin Board Services- Chat areas- News groups- Forums- Communities- Personal Web Pages- Calendars and/or other message- or communication facilities designed to enable you to communicate with the public at large or with a group (collectively "Communication Services"). You agree to use the Communication Services only to post- send and receive messages and material that are proper- and related to the particular Communication Service. By way of example and not as a limitation you agree that- when using a Communication Service- you will not:
- Defame- abuse- harass- stalk- threaten- or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish- post- upload- distribute or disseminate - any inappropriate- profane- defamatory- infringing obscene- indecent - or unlawful topic- name material - or information.
- Upload files that contain software or other material protected by intellectual property Laws (or by rights of privacy of publicity) unless you own or control- the rights thereto- or have received all necessary consents.
- Upload files that contain viruses- corrupt files- or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose- unless such Communication Service specifically allows such messages.
- Conduct or forward surveys- contests- pyramid schemes- or chain letters.
- Download any file posted by another user of a Communication Service that you know- or reasonably should know- cannot be legally distributed in such manner.
- Falsify or delete 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 uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others- including e-mail addresses without their consent.
- Violate any applicable laws or regulations.
Zabre Technologies has no obligation to monitor the Communication Services. However- Zabre Technologies reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Zabre Technologies reserves the right to terminate your access to any- or all of the Communication Services- at any time- without notice for any reason whatsoever.
Zabre Technologies 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 Zabre Technologies' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children- in any Communication Service. Zabre Technologies does not control or endorse- the content messages- or information- found in any Communication Service- and therefore- Zabre Technologies specifically disclaims any liability with regards to the Communication Services and any actions- resulting from your participation- in any Communication Service. Managers and hosts are not authorized as Zabre Technologies spokespersons- and their views do not necessarily reflect those of Zabre Technologies.
Materials uploaded to a Communication Service may be subject to posted limitations on usage- reproduction- and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Zabre Technologies OR POSTED AT ANY Zabre Technologies WEB SITE
Zabre Technologies does not claim ownership of the materials you provide to Zabre Technologies (including feedback and suggestions) or post- upload- input or submit- to any Zabre Technologies Web Site or its associated services (collectively "Submissions"). However- by posting- uploading- inputting- providing or submitting your Submission- you are granting Zabre Technologies its affiliated companies and necessary sub licensees- permission to use your Submission in connection with the operation of their Internet businesses including without limitation- the rights to copy- distribute- transmit- publicly display- publicly perform- reproduce- edit- translate and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission- as provided herein. Zabre Technologies is under no obligation to post or use any Submission you may provide- and may remove any Submission at any time in Zabre Technologies' sole discretion.
By posting- uploading- inputting- providing or submitting your Submission- you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section- including without limitation- all the rights necessary for you to provide- post- upload- input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION Technologies WEB SITE MAY INCLUDE INACCURACIES -OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Zabre Technologies- AND/OR ITS SUPPLIERS- MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Zabre Technologies WEB SITE - AT ANY TIME. ADVICE RECEIVED VIA THE Zabre Technologies WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL- MEDICAL- LEGAL OR FINANCIAL DECISIONS- AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION..
Zabre Technologies AND/OR ITS SUPPLIERS- MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY- RELIABILITY- AVAILABILITY- TIMELINESS AND ACCURACY OF THE INFORMATION- SOFTWARE- PRODUCTS SERVICES AND RELATED GRAPHICS CONTAINED ON THE Zabre Technologies WEB SITE- FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW- ALL SUCH INFORMATION- SOFTWARE- PRODUCTS SERVICES AND RELATED GRAPHICS- ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION- OF ANY KIND. Zabre Technologies AND/OR ITS SUPPLIERS- HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION- SOFTWARE- PRODUCTS-SERVICES AND RELATED GRAPHICS-, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY- FITNESS FOR A PARTICULAR PURPOSE- TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW- IN NO EVENT SHALL Zabre Technologies- AND/OR ITS SUPPLIERS- BE LIABLE FOR ANY DIRECT- INDIRECT- PUNITIVE- INCIDENTAL- SPECIAL- CONSEQUENTIAL DAMAGES- OR ANY DAMAGES WHATSOEVER- INCLUDING WITHOUT LIMITATION- DAMAGES FOR LOSS OF USE- DATA OR PROFITS- ARISING OUT OF- OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Zabre Technologies WEB SITE- WITH THE DELAY OR INABILITY TO USE THE Zabre Technologies WEB SITE OR RELATED SERVICES- THE PROVISION OF- OR FAILURE TO PROVIDE SERVICES- OR FOR ANY INFORMATION- SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Zabre Technologies WEB SITE- OR OTHERWISE ARISING OUT OF THE USE OF THE Zabre Technologies WEB SITE WHETHER BASED ON CONTRACT- TORT NEGLIGENCE- STRICT LIABILITY OR OTHERWISE- EVEN IF Zabre Technologies OR ANY OF ITS SUPPLIERS- HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES- THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Zabre Technologies WEB SITE OR WITH ANY OF THESE TERMS OF USE- YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Zabre Technologies WEB SITE.
SERVICE CONTACT : chrisP@websuburb.com.au
TERMINATION / ACCESS RESTRICTION
Zabre Technologies reserves the right in its sole discretion to terminate your access to the Zabre Technologies Web Site and the related services- or any portion thereof- at any time without notice. GENERAL To the maximum extent permitted by law- this agreement is governed by the laws of the State of Washington U.S.A.- and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington U.S.A. in all disputes arising out of- or relating to the use of the Zabre Technologies Web Site. Use of the Zabre Technologies Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions- including without limitation this paragraph. You agree that no joint venture- partnership- employment or agency relationship exists between you and Zabre Technologies as a result of this agreement - or use of the Zabre Technologies Web Site. Zabre Technologies' performance of this agreement is subject to existing Laws and Legal process and nothing contained in this agreement is in derogation of Zabre Technologies' right to comply with Governmental- Court and Law enforcement requests- or requirements relating to your use of the Zabre Technologies Web Site- or information provided to- or gathered by Zabre Technologies- with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable Law- including, but not limited to the warranty disclaimers and liability limitations set forth above- then the invalid- or unenforceable provision will be deemed superseded by a valid- enforceable provision that most closely matches the intent of the original provision- and the remainder of the agreement shall continue in effect. Unless otherwise specified herein- this agreement constitutes the entire agreement between the user and Zabre Technologies- with respect to the Zabre Technologies Web Site- and it supersedes all prior or contemporaneous communications and proposals- whether electronic- oral- or written between the user and Zabre Technologies -with respect to the Zabre Technologies Web Site. A printed version of this agreement- and of any notice given in electronic form- shall be admissible in judicial or administrative proceedings based upon- or relating to this agreement- to the same extent generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents - be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
Contents of the Zabre Technologies Web Site are: Copyright 2008 by Zabre Consulting Pty Ltd and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies- organizations- products- people and events depicted herein are fictitious. No association with any real company- organization- product- person or event- is intended - or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17- United States Code- Section 512(c)(2)- notifications of claimed copyright infringement under United States copyright law- should be sent to Service Provider's Designated Agent.
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE ANY RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.