Legal Agreement
All visitors and contributors who consent to content being published on the site, or submit content to the site (“user”, “you”, “your”) to the website at http://www.ipstrategy.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and Think IP Strategy Pty Ltd. (“Think IPS”, “we”, “us”, “our”) and use of this website indicates continued acceptance of this agreement.
We may amend the terms of this agreement from time to time, and we will let you know about these changes by displaying information about the changes on our home page. Your continuing use of the website will be taken to be acceptance of the new terms.
Submitting content
You keep the copyright in any content you submit or agree to have published on the website. You grant Think IPS a non-exclusive royalty free license to use and archive the content on the website and associated media in accordance with or as reasonably contemplated by this agreement.
When you consent to publication on the website or submit content to the website you represent and warrant that:
• you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display and reproduce the content;
• the content you submit will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy;
• your use of the website will comply with all applicable law, rules and regulations;
• the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
• the content is not misleading or deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Think IPS reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your contributor status, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Think IPS in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
Linked websites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Reporting inappropriate content
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Think IPS reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content. Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the “report this work as inappropriate” link that will be displayed beside each piece of art.
Warnings
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide access to the website, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the website, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other users or contributors or prevent them acting under false pretences or in a manner that infringes the rights of any person.
Intellectual Property Rights and license
You license Think IPS to use and sub-license your content in accordance with this agreement for the purposes of providing this website.
All intellectual property rights in this website (including the software and systems underlying the website, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
• use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• commercialize any information, products or services obtained from any part of this website,
without our written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
Disclaimer
We do not represent or guarantee that this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to these websites will be uninterrupted.
You acknowledge that this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any content submitted by a user to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Indemnity
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of any clause of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
The information provided on this website is for informational purposes only and is not intended as legal or consulting advice. The presentation of information on this website, or contact with its providers on an unsolicited basis, does not establish any form of client relationship with us. While we have attempted to maintain the information on this website as accurately as possible, this information may contain errors or omissions, for which we disclaim any liability. Visitors to this website should not take any actions, or refrain from acting, based on information contained on this website without first consulting their own advisers.
Security of information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing law
This agreement is governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Arbitration
Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.
General
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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