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1. Application of Terms of Use
a: These terms and conditions apply to the use of this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using our web site.
2. Terminology
a: In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Your Memories, which is owned by Barkleys Advertising Agency Pty Ltd.
b: The expressions “you” and “your” are a reference to both guests and members of our web site.
3. Amendments to Terms and Conditions
a: We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
4. Membership Eligibility
a: Membership is only open to you if you are 18 years old or over. If you are under 18 years of age, you must not register as a member of the web site.
b: By registering yourself as a member of the web site, you warrant that you have the capacity and/or the right to enter into this Agreement.
c: We reserve the right and/or the discretion to terminate your membership anytime if we believe on reasonable grounds that you do not have the legal right to enter into this Agreement.
5. Membership
a: In order to post information, photos, videos and to use the service of this web site, you must become a member. To become member, you must complete complete your registration details in the manner described on the web site. Registration is free but non-transferable.
b: Membership is free for the first 10MB of uploaded data for each registrant. If you require to upload more than 10MB of data to post information, photos, videos, slideshows or other materials on the web site, you must subscribe for additional space for a subscription fee as listed on our web site.
c: If you are not a member, you are entitled to access this web site for reading or browsing purposes only. Persons in this category are described as “guests”.
d: You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as supplied by you.
e: Upon registration, you will be provided with a password and account designation.
6. Payments and Credit Card Chargebacks
a: You agree to pay for your subscription fee where applicable in the manner specified on our web site.
b: In relation to the payment of your subscription fee using credit card, if a credit card chargeback occurs after you have confirmed your credit card payment, we reserve the right to request you to indemnify all losses suffered by us as a result of the credit card chargeback, including, but not limited to your subscription fee as specified on our web site, bank’s chargeback fees and other losses resulting from the credit card chargeback. We also reserve the right to remove all your posted information and material on our web site on the occurrence of a credit card chargeback.
7. Termination of Membership
a: If you have not subscribed to additional space to upload data, you may terminate your membership at any time by cancelling your account in the ‘cancel my account’ page on our web site.
b: If you have subscribed for additional space to upload data:
(i) your subscription will be ongoing until you provide written notice of termination to us in the following manner:
(a) written notice of termination must be provided to us not less than one (1) month before the date of effective termination; written notice of termination must indicate the date of effective termination.
(ii) your subscription fee will not be refunded in the event of termination.
c: Upon termination, we reserve the right to remove from our web site all information and materials posted by you.
d: We reserve the right to terminate your membership at any time if you breach these terms and conditions.
8. Members’ Obligations
a: By registering as a member, you agree to abide by the following terms and conditions:
you are responsible for protecting the confidentiality of your password;
you will not post or transmit any material or information which is offensive, sexually explicit, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
you agree not to transmit junk mail, spam, chain letters, mass mailing/e-mailing;
you agree not to act in a manner which negatively affects other members;
you agree not to impersonate any other person;
you agree to provide current, accurate and up-todate information about yourself as required under these terms and conditions;
you agree not to post or transmit any unsolicited advertising or promotional materials;
any information and/or material which you post may be removed by us from the web site at any time if we believe that it is inappropriate, that it violates the rights of, harm, or threaten the safety of any other member/s, in breach of these terms and conditions, or against the law;
you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work/material and not sourced from any third party;
if you post any material or work sourced from third parties, you warrant that you have the license or the legal right to do so;
you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
you accept that any material or information posted by you on the web site may be made available for other members or guests to read in accordance to the level of privacy setting chosen by you (please refer to Clause 8 of these terms and conditions in relation to privacy settings);
you are solely responsible for any information and/or materials that you post on our web site or transmit to other members;
all information provided by us on our web site is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
although we endeavour to provide accurate information, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to the web site will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears or which are posted on the web site;
we do not accept any liability for the accuracy or content of any material posted by other members. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
we do not accept responsibility or liability for any information or material which you post on the web site, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material posted on the web site;
if you download any information or material posted on the web site, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material;
you agree to use our web site and all information and materials on our web site for lawful purposes only.
9. Intellectual Property Rights for Posted Information and Materials
a: In relation to the intellectual property rights of any information and/or materials posted by you on our web site:
you represent and warrant that you have the right to grant to us an irrevocable world-wide license to use , store, distribute, display, perform, publish, commercialise or create derivative works from any part or all of the information and/or materials that you post;
you represent and warrant on behalf of yourself and on behalf of us that you have procured all proper licences, clearances, rights, permissions and releases in respect of any sources of information and materials that you have obtained from third parties;
you represent or warrant that all information and materials posted by you does not infringe the intellectual property rights, confidentiality rights or privacy rights of any person;
we will not be responsible and/or liable for any breach or claims of infringement of intellectual property rights for any information and/or materials posted by you.
b: In relation to the intellectual property rights of any information and/or materials posted by us on our web site:
we retain all propriety rights in our web site;
copyright in our web site is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which apply in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means, without our written permission or, in the case of third party material, the written permission of the owner of the copyright material:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our web site; or
(b) commercialise any information, products or services obtained from any part of our web site;
except where otherwise specified, any word or device to which is attached the ‘TM’ or the R symbol is a registered trade mark.
if you use any of our trade marks or trade marks belonging to any third parties in reference to our or the third parties’ activities, products or services, you must include a statement attributing that trade mark to us or the third party. You must not use any of our or third parties’ trade marks:
(c) in or as the whole or part of your own trade marks;
(d) in connection with activities, products or services which are not ours or the third parties’;
(e) in a manner which may be confusing, misleading or deceptive;
(f) in a manner that disparages the third parties’or our information, products or services, including the third parties’ or our web site.
10. Privacy Settings
a: Our web site contains the following options for the privacy settings for all information and material you post on our web site:
Public;
Family;
Friends;
Family and Friends; and
Myself
b: You should be aware that the privacy setting selected by you will affect others’ access to all information and material posted by you on our web site. The privacy settings have the following respective applications:
if you select ‘Public’, anyone who visits our web site (guests) will have access to all information and material posted by you;
if you select ‘Family’, access to all information and material posted by you will be restricted to people whom you designate as your family;
if you select ‘Friends’, access to all information and material posted by you will be restricted to people whom you designate as your friends;
if you select ‘Family and Friends’, access to all information and material posted by you will be restricted to people whom you designate as your family and friends; and
if you select ‘Myself’, no one will have access to all information and material posted by you except for yourself.
c: Notwithstanding the privacy setting which will apply to all information and material posted by you on our web site, your personal profile such as your name, age, gender, country of origin and ______________________ may be made available to public for identification purposes.
d: For safety purposes, you are recommended not to post your private information, such as your phone number or address on our web site. Any private personal information posted on our web site is posted at your own risk. For the avoidance of doubt, you are required to provide to us some of your private personal information such as your contact number, address, credit card details, etc during registration. The information that we collected from you during registration will be kept private in accordance to our privacy policy (click here to see our Privacy Policy). However, you should be aware that there is a difference between private personal information provided to us during your registration as a member, and private personal information posted on our web site, which may be available to other members or guests of our web site.
e: You are solely responsible for your own privacy settings in relation to the information and materials you post on our web site.
11. Non-commercial Use
a: Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained in this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from our web site.
12. Disclaimer
a: We do not accept responsibility for any loss or damage, however caused (including any loss or damage which arises from our negligence), which you may directly or indirectly suffer in connection with your use of our web site or any linked web site, 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 our web site.
b: We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our control.
c: If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
d: If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
e: We do not warrant that any information or material you post on our web site will be protected against loss, misuse or alteration by third parties or by other members.
f: To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
13. Exception to Disclaimer
a: The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute to the extent that such liability cannot be lawfully excluded.
14. Specific Warnings
a: You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
b: You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interferences or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
c: We do not accept liability for any losses arising directly or indirectly in relation to the corruption of data, errors or interruptions, any suspension or discontinuance of our service, any transmissions by other members in contravention of the members’ obligations as set out in these terms and conditions or any content transmitted by a non-member.
d: You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.
e: You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
f: Responsibility for the contents of all information and materials posted on our web site rests solely with you. The placement of any information and materials on our web site does not constitute a recommendation or endorsement by us of the contents of all information and materials that you have posted.
g: Each member is solely responsible for any representations made in connection with the contents of all information and materials posted on our web site.
15. Indemnity
a: You release and indemnify us, our servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these terms and conditions or arising as a result of your negligent or wilful misconduct in connection with the provisions of content, information and materials pursuant to these terms and conditions.
b: Our links with any linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites and we are not responsible for the content or privacy practices associated with linked web site unless and to the extent stipulated to the contrary.
16. General Release
a: You agree to release us from all liabilities, actions and or claims, which you may have now or in the future arising from your use of our web site and/or the services we provide via our web site.
17. Privacy Policy
a: We undertake to comply with the terms of our privacy policy. To see our privacy policy, please click here Privacy Policy.
18. Security of Information
a: Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
19. Termination of Access
a: Access to this web site may be terminated at any time by us without notice. Clauses 12, 13, 14, 15 and 16 of these terms and conditions will nevertheless survive such termination.
20. Governing Law
a: These terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
21. To return to the Web Site
a: To return to the web site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms and conditions of use.
b: If you do not accept these terms of use, please refrain from using our web site.
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