Agreement between user and System Squared for use of System Squared Pty Ltd Website
The System Squared Web Site is comprised of various Web pages operated by System Squared Pty Ltd.
The System Squared Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the System Squared Web Site constitutes your agreement to all such terms, conditions, and notices.
Modification of these terms of use
System Squared reserves the right to change the terms, conditions, and notices under which the System Squared Web Site is offered, including but not limited to the charges associated with the use of the System Squared Web Site.
LINKS TO THIRD-PARTY SITES
The System Squared Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of System Squared and System Squared 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. System Squared is not responsible for webcasting or any other form of transmission received from any Linked Site. System Squared is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by System Squared of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the System Squared Web Site, you warrant to System Squared that you will not use the System Squared Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the System Squared Web Site in any manner which could damage, disable, overburden, or impair the System Squared Web Site or interfere with any other party’s use and enjoyment of the System Squared 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 System Squared Web Sites.
USE OF COMMUNICATION SERVICES
The System Squared 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, corrupted 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 a 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 to any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
System Squared has no obligation to monitor the Communication Services. However, System Squared reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. System Squared reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
System Squared 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 System Squared’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. System Squared does not control or endorse the content, messages, or information found in any Communication Service and, therefore, System Squared specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised System Squared spokespersons, and their views do not necessarily reflect those of System Squared.
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 SYSTEM SQUARED OR POSTED AT ANY SYSTEM SQUARED
System Squared does not claim ownership of the materials you provide to System Squared (including feedback and suggestions) or post, upload, input, or submit to any System Squared Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting System Squared, 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. System Squared is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at System Squared’s 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, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SYSTEM SQUARED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SYSTEM SQUARED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SYSTEM SQUARED WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE SYSTEM SQUARED WEBSITE 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.
SYSTEM SQUARED 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 SYSTEM SQUARED WEBSITE 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. SYSTEM SQUARED 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 SYSTEM SQUARED 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 SYSTEM SQUARED WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SYSTEM SQUARED 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 SYSTEM SQUARED WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM SQUARED WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SYSTEM SQUARED 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 SYSTEM SQUARED WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM SQUARED WEBSITE.
SERVICE CONTACT: HELLO@SYSTEMSQUARED.COM.AU
TERMINATION/ACCESS RESTRICTION
System Squared reserves the right, in its sole discretion, to terminate your access to the System Squared Web Site and the related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and System Squared as a result of this agreement or use of the System Squared Web Site. System Squared’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of System Squared’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the System Squared Web Site or information provided to or gathered by System Squared 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 System Squared with respect to the System Squared Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and System Squared with respect to the System Squared 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
Any rights not expressly granted herein are reserved.