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Disclaimer
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This Agreement sets forth the terms and conditions which apply to the use by
you of the Band Six Pty Limited site and any other subscription product or service
offered for sale by Band Six Pty Limited.
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Definitions
The “Band Six Pty Limited site" shall mean all areas and any subscription or other
paid products and services offered or available on the interactive online service
operated by Band Six Pty Limited on the World Wide Web or in any hard copy form.
Band Six Pty Limited sites consist of information services and content provided
by Band Six Pty Limited, affiliates of Band Six Pty Limited and third parties.
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General
This website contains information, documents and pages ‘the Product’ prepared for
BandSix Pty Limited.
While the Products contained on this website have been formulated with all due
care BandSix does not warrant or represent that the Products are free from errors
or omissions.
BandSix does not warrant or accept any liability in relation to the quality,
operability or accuracy of the Products.
The Products are made available on the understanding that BandSix and its employees
and agents shall have no liability (including but not limited to liability by reason
of negligence) to the uses of the website for any loss, damage, cost or expense
whether direct, indirect, consequential or special incurred by, or arising by reason
or any person using or relying on the products and whether cause by reason of any
error or omission or misrepresentation in the data or otherwise. Users of the website
will be responsible for making their own assessment of the Products. BandSix takes
no responsibility for the accuracy, currency, reliability and correctness of any
information included in the Products provided by third parties. The Internet is
not a secure medium and communications to and from the website may be intercepted
or altered in transit. BandSix does not warrant or represent that this website is
free from anything which may damage any computer used to access the site.
The cardholder responsible for purchasing the membership has the right to assign
their right of use to the name listed as the member. This right may be assigned
to only one person (presumably their child) throughout the 2005 year ending December
1st. The member may not at any time reproduce the notes or any part of the notes
in any way other than for his /her personal use. Any reproduction of any other part
will be considered a breach of this agreement and will result in Band Six Pty Limited
terminating the cardholder's membership without refund. The cardholder is held liable
for any financial losses incurred by Band Six Pty Limited as a result of any actions
of the member they have assigned their right of use to, including but not limited
to the unauthorized reproduction of notes.
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Use of the Band Six Pty Limited Sites and the Community
- The FORUM when available shall be used for lawful purposes only. No material shall
be posted on or transmitted through the FORUM which violates or infringes in any
way upon the rights of others, which is threatening, unlawful, defamatory, abusive,
invasive of privacy or publicity rights, obscene, vulgar, indecent, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal offence,
gives rise to civil liability or otherwise violates any law. No conduct shall be
undertaken that, in judgment, restricts or inhibits any other user from using or
enjoying the FORUM. Advertising or commercial solicitation may be posted on or transmitted
through the FORUM but only with Band Six Pty Limited express prior approval and
only if the advertising or commercial solicitation complies with all conditions
imposed by Band Six Pty Limited.
- Band Six Pty Limited Sites and the FORUM may contain copyrighted material, trademarks
and other proprietary information including text, software, photos, video, graphics,
music and sound, and the entire contents of the Band Six Pty Limited Sites are copyrighted
as a collective work under the AUSTRALIAN copyright laws.
- Band Six Pty Limited shall have the right at any time to change or discontinue any
aspect or feature of the Band Six Pty Limited Sites including, but not limited to,
the FORUMS, content, hours of availability, and equipment needed for access or use.
Such changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including but not limited to, posting
on the FORUMS a revised version of this Agreement or notification by electronic
mail or e-mail with the address supplied by the user. Any use by you on the FORUMS
or in any other area after such notice has been sent shall conclusively be deemed
to be acceptance by you of such changes, modifications, additions or deletions.
You agree to review the terms and conditions and disclaimer of this Agreement periodically
to be aware of such revisions.
- You may not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit the content of the Band Six Pty Limited
Sites or any portion of it. Except as otherwise expressly permitted under copyright
law, you may not copy, redistribute, publish, display or commercially exploit any
material from the Band Six Pty Limited Sites without the express permission of Band
Six Pty Limited and the copyright owner.
- Any Notes purchased on the Band Six Pty Limited web site will be used by the member
and by the member ONLY whom purchased them. They are at no time allowed to pass
these notes to any other member or otherwise and if are found doing so may be subject
to legal action.
- You shall not upload, post or otherwise make available on the Community Areas any
material protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other proprietary
right. You are responsible for determining that such material is not protected by
copyright, trademark or other proprietary right. You shall be solely liable for
any damages resulting from any infringement of copyright, trademark or other proprietary
right, or any other harm resulting from any uploading, posting or submission.
- You hereby grant to Band Six Pty Limited and their respective affiliates worldwide,
royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform
and display any message posted in the FORUM and/or any e-mail sent by you to by
Band Six Pty Limited (in whole or in part) and/or to incorporate it in other works
in any form, media or technology now known or later developed.
- You may not (i) select or use a member name or e-mail address of another person
with the intention of impersonating that person; (ii) use a member name or e-mail
address of anyone else without authorization; (iii) use a member name in violation
of the intellectual property rights of any person; or (iv) use a member name that
Band Six Pty Limited considers to be offensive. You shall provide. Band Six Pty
Limited with accurate, complete and updated information provided by you at the time
of registration.
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Indemnification
You agree to defend, indemnify and hold harmless Band Six Pty Limited, its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including legal fees, arising out of the use by you of
the Band Six Pty Limited. Sites and/or the Community Areas.
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Termination
Band Six Pty Limited shall have the right to immediately terminate this Agreement
with respect to any user whom breaches any area of this Agreement or whom break
any law.
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