TERMS OF SERVICE - WWW.MCEBUDDY.COM
WWW.MCEBUDDY.COM (the "Site") was created for your personal
entertainment, information, education and communication. Please feel free to
browse the Site; however, your access and use of the Site is subject to the
following terms of service ("Terms of Service") and all applicable
laws. By accessing and browsing the Site, you accept, without limitation or
qualification, the Terms of Service. If you do not agree with all of the
following Terms of Service, please do not use this Site. WWW.MCEBUDDY.COM
reserves the right, at its sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Changes and/or modifications
shall become effective immediately upon the posting. Please review these Terms
of Service periodically. Your continued use of the Site following the posting
of changes and/or modifications will constitute your acceptance of these Terms of
Service.
USE OF MATERIALS CONTAINED ON THIS SITE
The Site contains material that is derived in whole or in part from
material supplied by WWW.MCEBUDDY.COM and other sources, and may be protected
by Australian and international copyright and trademark laws. No material
(including but not limited to the text, images, audio and/or video) and no
software (including but not limited to any images or files incorporated in or
generated by the software or data accompanying such software) (individually and
collectively the "Materials") may be decompiled, reverse engineered
or disassembled, except that you may download one copy of the Materials on any
single computer for your personal, non-commercial home use only, provided you
keep intact all copyright and other proprietary notices. Modification of the
Materials or use of the Materials for any other purpose is a violation of WWW.MCEBUDDY.COM's
or such other sources' copyright, trademark and other proprietary rights.
CREATIVE SUBMISSIONS/COMMUNICATIONS
If you do send us any creative materials, including creative
suggestions, ideas, notes, drawings, concepts, software or other information or
if you transmit to the Site by electronic mail or otherwise, communications including
any data, questions, comments, suggestions, or the like (collectively, the
"Information"), the Information shall be deemed, and shall remain,
the property of WWW.MCEBUDDY.COM. None of the Information shall be subject to
any obligation of confidence on the part of WWW.MCEBUDDY.COM and WWW.MCEBUDDY.COM
shall not be liable for any use or disclosure of any Information. WWW.MCEBUDDY.COM
shall exclusively own any now known or hereafter existing rights to the
Information of every kind and nature throughout the universe and shall be
entitled to unrestricted use of the Information for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Information.
BULLETIN BOARDS, CHAT ROOMS, POSTINGS
The Site may include forums, chat rooms and other areas where users can
post and/or exchange information, ideas, opinions, photographs, images, videos,
creative works or any other materials (collectively "Bulletin
Boards"). WWW.MCEBUDDY.COM does not control the material delivered to
Bulletin Boards, and WWW.MCEBUDDY.COM has no obligation to monitor such
Bulletin Boards. The messages do not necessarily reflect the views of WWW.MCEBUDDY.COM.
In no event shall WWW.MCEBUDDY.COM assume or have any responsibility or
liability for any materials posted on Bulletin Boards or for any claims,
damages or losses resulting from their use and/or appearance on this Site. WWW.MCEBUDDY.COM
reserves the right at all times to disclose any information (including the
identity of the persons providing information or materials on its Bulletin
Boards) as necessary to satisfy any law, regulation or governmental request. In
addition, WWW.MCEBUDDY.COM reserves the right to edit, refuse to post or to
remove any information or materials, in whole or in part, that in WWW.MCEBUDDY.COM's
sole discretion are objectionable or in violation of these Terms of Service.
FORUM CODE OF CONDUCT
It is a condition of your use of the Forums (Bulletin Boards) and this
Site in general that you observe and respect at all times the Forum Code Of
Conduct as published here.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by
WWW.MCEBUDDY.COM, its subsidiaries and affiliates of the opinions or views
expressed by these linked websites and WWW.MCEBUDDY.COM does not verify,
endorse, or take responsibility for the accuracy, currency, completeness or
quality of the content contained in these sites. Furthermore, WWW.MCEBUDDY.COM
is not responsible for the quality or delivery of the products or services
offered, accessed, obtained by or advertised by such sites. As such, neither WWW.MCEBUDDY.COM
nor any of its subsidiaries and affiliates will be responsible for any errors
or omissions or for the results obtained from the use of such information
contained in these sites.
To the extent that these sites collect personal information or postings from
the end user, be advised that in no event shall WWW.MCEBUDDY.COM assume or have
any responsibility or liability for the manner in which such information or
postings are exploited or for any claims, damages, or losses resulting from
their use and/or appearance on these sites. Finally, WWW.MCEBUDDY.COM will
under no circumstances be liable for any direct, indirect, incidental or
special loss or other damage, whether arising from negligence, breach of
contract, defamation, infringement of copyright or other intellectual property
rights, caused by the exhibition, distribution or exploitation of any
information or content contained within these sites.
TERMINATION OF THE SERVICES
WWW.MCEBUDDY.COM may terminate the Site or any services included on or
through the Site at any time with or without cause or notice. WWW.MCEBUDDY.COM
shall not be liable to any party for such termination. If you object to any of
the Terms of Service contained herein, you may discontinue use of the Site or
services. You may cancel any your subscriptions to WWW.MCEBUDDY.COM newsletters
by following the directions provided in each newsletter to which you have
subscribed.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, WWW.MCEBUDDY.COM, its
affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third party providers to the Site from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these Terms of Service by you.
WWW.MCEBUDDY.COM reserves the right to assume, at its sole expense, the
exclusive defence and control of any matter subject to indemnification by you,
in which event you will fully cooperate with WWW.MCEBUDDY.COM in asserting any
available defences.
LIMITATION OF LIABILITY/DISCLAIMER
Your use and browsing
of the Site is at your risk. If you are dissatisfied with any of the Materials
contained in the Site, or with any of these Terms of Service, your sole and
exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WWW.MCEBUDDY.COM
NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE
FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that WWW.MCEBUDDY.COM is not liable for
any defamatory, offensive or illegal conduct of any user.
WWW.MCEBUDDY.COM also assumes no responsibility, and shall not be liable for
any damages to, or viruses that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in the Site
(including any Bulletin Board) or your downloading of any Materials from the
Site.
WWW.MCEBUDDY.COM does not warrant or make any representations of any kind or
nature with respect to the Materials. Therefore, you are responsible for
compliance with local laws, if and to the extent local laws are applicable.
MISCELLANEOUS
WWW.MCEBUDDY.COM makes no representation that materials on this Site are
appropriate or available for use in any particular location. Those who choose
to access this Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
These Terms of Service contain the entire understanding and supersede all prior
understanding of the parties hereto relating to the subject matter hereof, and
cannot be changed or terminated orally. If any provision of these Terms of
Service are found to be illegal or unenforceable, these Terms of Service will
be deemed curtailed to the extent necessary to make it legal and enforceable
and will remain, as modified, in full force and effect.
Any comments or questions concerning the above Terms of Service should be
directed to mcebuddy@tyrell.com.au