Effective date: May 31, 2018
1. Acceptance of Terms
2. Modification of Terms And Content
We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Services. We will provide notice of changes to the Terms by posting the new Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Services. Your continued use of the Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Services. By accessing the Services you consent to have this Agreement provided to you in electronic form.
3. Proprietary Rights
a. Ownership. The Services and all Content published on the Services, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, “applets” (incorporated into the software data), sounds, messages, comments, ratings, and other materials on the Services are owned by us or our licensors and are protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Services. Our logos are trademarks of The Australian Community, Inc. and are protected by state and federal laws. All other trademarks appearing on the Services ("Marks") are trademarks of their respective owners. Users are prohibited from using any Marks without our written permission or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without our prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content other than for personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
b. Suggestions. Any comments, feedback, suggestions, submissions or other information (“Suggestions”) that is submitted to Company in connection with the Content or Services shall be considered non-confidential and the property of Company. By providing such Suggestions you grant to Company, and to our successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit. In providing Suggestions you represent that the information is accurate, that you own or have permission to so use the information, and that the use of it will not cause injury to any person or entity. Any Suggestions you submit to Company that are deliberately misleading or false will result in you being blocked from all Services and Content controlled by Company.
c. No License Granted. Except for allowing you to use the Services for your personal use as set forth herein, when you use the Services, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of ours. You understand that you have no rights to the Services or any other property except as we indicate in these Terms.
4. Use of Content and accessing the Services
a. Use of Content. The Content and Services offered are intended for your personal, noncommercial use in accordance with these Terms. The Content of the Sites is copyrighted and as such the unauthorized use of any of the Content may violate copyright, trademark, and other laws. Company grants permission to download information from this site provided that: (1) use of the Content is solely for personal, non-commercial purposes; (2) no trademark, copyright, or other proprietary notice may be removed from the Content; (3) no modifications may be made to the Content nor may the Content be posted on any networked computer, broadcast on the media, publicly displayed, sold, rented, or used for any commercial gain, and (4) no effort may be made to decompile or reverse engineer any of the software Content. A breach of any of these Terms will automatically terminate your limited right to download Content from the Sites. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
b. Access to Services. We reserve the right to change, discontinue or suspend our Services at any time for any reason. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision we make relating to termination or suspension of any person's account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions within sections titled Proprietary Rights, and Legal Notices shall survive any such termination.
b. Collection of Information This website collects various types of information, such as voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
i. Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.
ii. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
c. Use of Collected Information We may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.aucommunity.org
i. We may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
ii. We do not now, nor will it in the future, sell, rent or lease any of our member or customer lists and/or names to any third parties.
iii. We may disclose your personal information, without prior notice to you (1) Only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon us and/or our website (2)Maintain, safeguard and/or preserve all the rights and/or property of The Australian Community and (3) Perform under demanding conditions in an effort to safeguard the personal safety of users of www.aucommunity.org and/or the general public.
d. Children Under the Age of 13 The Australian Community does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
e. Security The Australian Community shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
6. Third Party Links and Activities
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES), ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. ANY ADVICE THAT MAY BE POSTED ON THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE ANY PROFESSIONAL FINANCIAL, LEGAL, OR OTHER ADVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SERVICES, OR OBTAINED FROM A WEBSITE TO WHICH THE SERVICES ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SERVICES OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICES OR A LINKED SITE.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $50.
You understand that you are personally responsible for your behavior while on the Sites or using the Services and agree to indemnify and hold us and our subsidiaries, affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to your use of the Services or in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Services, or your violation of either these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to your use of the Services.
10. Applicable Laws
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without application of conflict of laws rules. Company controls and operates this web site from its offices in The United States of America and makes no representation that the contents of the site are appropriate or available for use in other locations. Access to and use of the Services is not permitted in locations where the Content or use thereof is illegal. If you choose to access and/or use this site from other locations you are responsible for compliance with all appropriate laws.
a. Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to purchase products or use the Services.
b. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
c. Communications from Us. By registering for our Services, you will receive online communications from us and our affiliated companies. You may also receive electronic communications from us by just providing your email address and not registering. In either case, to unsubscribe from our email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list.
d. Entire Agreement. These Terms and policies incorporated herein are the entire agreement between you and us. They supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Services.
e. Assignment. We may assign these Terms, in whole or in part, at any time.
f. Severability. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
g. Headings. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement.
h. Waiver. Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms.
i. Remedies. Our rights and remedies under these Terms and any other applicable agreement between us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
j How to Contact Us Please contact us via email or phone if you have any questions about these Terms or to request copies of our Public IRS filings.
Telephone Number: (646) 249 1741
Copyright (c) 2011 - 2018, The Australian Community, Inc. All rights reserved.