Information on Terms of Use
ACCEPTANCE OF TERMS.
The services that Australian Sports and Leisure Directory provides to you are
subject to the following Terms of Use ("TOU"). Australian Sports and
Leisure Directory reserves the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties Australian Sports and Leisure Directory
provides you with access to a variety of resources, including developer tools,
download areas, communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of
your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of Australian Sports and Leisure Directory and/or its
suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, Australian Sports and Leisure Directory CORPORATION
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-NFRINGEMENT.
FOR YOUR CONVENIENCE, Australian Sports and Leisure Directory MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. S-COMM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS
AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Australian
Sports and Leisure Directory SOFTWARE PRODUCTS. RESTRICTED RIGHTS LEGEND. Any
Software which is downloaded from the Services for or on behalf of the United
States of America & Australia, its agencies and/or instrumentalities ("U.S.
& Australian Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. & Australian Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Australian
Sports and Leisure Directory, PO BOX 800 Narrabeen NSW 2101.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only
and will not be copied or posted on any network computer or broadcast in any
media, and (3) no modifications of any Documents are made. Accredited educational
institutions, such as K- 12, universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible. Documents specified above do not include the
design or layout of the www.clubsearch.com.au Web site or any other Australian
Sports and Leisure Directory owned, operated, licensed or controlled site. Elements
of Australian Sports and Leisure Directory Web sites are protected by trade
dress, trademark, unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound or image from any Australian
Sports and Leisure Directory Web site may be copied or retransmitted unless
expressly permitted by Australian Sports and Leisure Directory. Australian Sports
and Leisure Directory AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. Australian Sports and Leisure Directory AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Australian Sports and Leisure Directory AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Australian Sports and Leisure Directory AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT SHALL Australian Sports
and Leisure Directory AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You also will choose a password
and a user name. You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible for
any and all activities that occur under your account. You agree to notify Australian
Sports and Leisure Directory immediately of any unauthorized use of your account
or any other breach of security. Australian Sports and Leisure Directory will
not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Australian Sports and Leisure Directory
or another party due to someone else using your account or password. You may
not use anyone else’s account at any time, without the permission of the
account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any Australian Sports and Leisure Directory server, or the network(s)
connected to any Australian Sports and Leisure Directory server, or interfere
with any other party’s use and enjoyment of any Services. You may not
attempt to gain unauthorized access to any Services, other accounts, computer
systems or networks connected to any Australian Sports and Leisure Directory
server or to any of the Services, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to enable
you to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
• Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
• 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, obscene, indecent or unlawful topic, name, material or
information.
• Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control the rights thereto
or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as 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
for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail
addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other user or
usage information or any portion thereof.
Australian Sports and Leisure Directory has no obligation to monitor the Communication
Services. However, Australian Sports and Leisure Directory reserves the right
to review materials posted to the Communication Services and to remove any materials
in its sole discretion. Australian Sports and Leisure Directory reserves the
right to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever. Australian Sports and Leisure
Directory reserves the right at all times to disclose any information as Australian
Sports and Leisure Directory deems 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 Australian
Sports and Leisure Directory sole discretion. Always use caution when giving
out any personally identifiable information about yourself or your children
in any Communication Services. Australian Sports and Leisure Directory does
not control or endorse the content, messages or information found in any Communication
Services and, therefore, Australian Sports and Leisure Directory specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Services. Managers and
hosts are not authorized Australian Sports and Leisure Directory spokespersons,
and their views do not necessarily reflect those of Australian Sports and Leisure
Directory. Materials uploaded to the Communication Services 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 Australian Sports and Leisure Directory OR POSTED AT ANY
Australian Sports and Leisure Directory WEB SITE.
Australian Sports and Leisure Directory does not claim ownership of the materials
you provide to Australian Sports and Leisure Directory (including feedback and
suggestions) or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any public or
private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting")
your Submission you are granting Australian Sports and Leisure Directory, its
affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses (including, without
limitation, all Australian Sports and Leisure Directory Services), including,
without limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission;
to publish your name in connection with your Submission; and the right to sublicense
such rights to any supplier of the Services. No compensation will be paid with
respect to the use of your Submission, as provided herein. Australian Sports
and Leisure Directory is under no obligation to post or use any Submission you
may provide and Australian Sports and Leisure Directory may remove any Submission
at any time in its sole discretion. By Posting a Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or that the copyright owner
of such Images has granted you permission to use such Images or any content
and/or images contained in such Images consistent with the manner and purpose
of your use and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses described
in these Terms of Use, and (c) that each person depicted in such Images, if
any, has provided consent to the use of the Images as set forth in these Terms
of Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are granting
(a) to all members of your private community (for each such Images available
to members of such private community), and/or (b) to the general public (for
each such Images available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example, and not
as a limitation, making prints and gift items which include such Images), and
including, without limitation, a nonexclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Images without having your
name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for
a Images will terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider’s Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE
A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement
.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE Australian Sports and Leisure Directory
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Australian Sports and Leisure
Directory AND Australian Sports and Leisure Directory IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. Australian Sports and Leisure Directory IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. Australian Sports and Leisure Directory IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY Australian Sports and Leisure Directory OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY. Australian Sports and Leisure Directory
OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND
ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Australian
Sports and Leisure Directory PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR
TO IDEAS SUBMITTED TO Australian Sports and Leisure Directory. SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO Australian Sports and Leisure Directory OR
ANYONE AT Australian Sports and Leisure Directory. IF, DESPITE OUR REQUEST THAT
YOU NOT SENDUS YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT Australian Sports and Leisure Directory MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2001 Australian Sports and Leisure Directory. All rights reserved.
TRADEMARKS, and/or other Australian Sports and Leisure Directory products referenced
herein are either registered trademarks or trademarks of Australian Sports and
Leisure Directory in Australia and/or other countries. The names of actual companies
and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association with
any real company, organization, product, domain name, e-mail address, logo,
person, or event is intended or should be inferred. Any rights not expressly
granted herein are reserved.
Send your questions to the appropriate contact as listed below:
• Australian Sports and Leisure Directory properties, contact getactive@clubsearch.com.au
• MSN Web properties, contact webmaster@msn.com
• Piracy questions can be routed to piracy@clubsearch.com.au or by calling
+61 2 9970 7546.
|