Acceptance of terms
1. The ACMO Terms of Usage (TOU) outlines obligations as a service provider and your acceptance as a user without modification of the terms, conditions, and notices contained herein. Your use of our website and services constitutes your agreement to all such terms, conditions, and notices.
2. ACMO reserves the rights at any time to change or modify the terms and conditions applicable to usage of our website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for 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 our website, or by electronic or conventional mail, or by any other means by which the user obtains notice thereof. Any use of our website after such notice shall be deemed to constitute acceptance by the user of such changes, modifications or additions.
Description of services
3. ACMO provides users access to a variety of resources, including product information, communication forums, download areas (collectively “Services”). The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to this tos.
Links to third-party websites
4. The links in our website may let you leave ACMO’s website site. The linked sites are not under the control of ACMO and ACMO 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. ACMO is not responsible for webcasting or any other form of transmission received from any linked site. ACMO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACMO of the site.
5. ACMO is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, ACMO has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of our website, are those of the respective author(s) or distributor(s) and not of ACMO.neither ACMO nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
6. In many instances, the content available through our website represents the opinions and judgments of the respective information provider, user, or other users not under contract with ACMO. ACMO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on our website by anyone other than authorized ACMO employee spokespersons while acting in their official capacities. Under no circumstances will ACMO be liable for any loss or damage caused by a user’s reliance on information obtained through our website. It is the responsibility of user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ACMO. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
7. The user shall use the ACMO website for lawful purposes only. The user shall not post or transmit through ACMO any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ACMO’s prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that in ACMO’s discretion restricts or inhibits any other user from using or enjoying the website will not be permitted. The user shall not use the website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ACMO.
8. ACMO website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ACMO are copyrighted as a collective work under the australian copyright laws. ACMO owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ACMO and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
9. The user shall not upload, post or otherwise make available on ACMO any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the user. The user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ACMO, the user automatically grants, or warrants that the owner of such material has expressly granted ACMO the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other users to access, view, store or reproduce the material for that user’s personal use. The user hereby grants ACMO the right to edit, copy, publish and distribute any material made available on ACMO by the user.
10. The foregoing provisions of this section are for the benefit of ACMO, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Usage of services
11. The services may contain email 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 the user to communicate with others (each a “communication service” and collectively “communication services”). The user agrees 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, the user agrees that when using the communication services, the user 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 the user 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 rights 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 allow such messages.
- Download any file posted by another user of a communication service that the user knows, 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 email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
12. ACMO has no obligation to monitor the communication services. However, ACMO reserves the right to review materials posted to the communication services and to remove any materials in its sole discretion. ACMO reserves the right to terminate the user’s access to any or all of the communication services at any time, without notice, for any reason whatsoever. ACMO reserves the right at all times to disclose any information as it 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 ACMO’s sole discretion.
13. Materials uploaded to the communication services may be subject to posted limitations on usage, reproduction and/or dissemination; the user is responsible for adhering to such limitations if the user downloads the materials.
14. Always use caution when giving out any personally identifiable information in any communication services. ACMO does not control or endorse the content, messages or information found in any communication services and, therefore, ACMO specifically disclaims any liability with regard to the communication services and any actions resulting from the user’s participation in any communication services. Managers and hosts have not authorized ACMO spokespersons, and their views do not necessarily reflect those of ACMO.
Disclaimer of warranty; limitation of liability
15. The information, software, products, and services included in or available through the ACMO web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ACMO and/or its suppliers may make improvements and/or changes in the ACMO web site at any time. Advice received via the ACMO web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
16. ACMO and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the ACMO web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. ACMO and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
18. ACMO shall have the right, but not the obligation, to monitor the content of our website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ACMO and to satisfy any law, regulation or authorized government request. ACMO shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on our website. Without limiting the foregoing, ACMO shall have the right to remove any material that ACMO, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
19. ACMO reserves the right, in its sole discretion, to terminate your access to our website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the new south wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Sydney, new south wales, Australia in all disputes arising out of or relating to the use of our website. Use of our website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACMO as a result of this agreement or use of the ACMO web site.
20. ACMO’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ACMO’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by ACMO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ACMO with respect to our website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ACMO with respect to our website.
21. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
22. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. the example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
23. Any rights not expressly granted herein are reserved.