Agreement between user and SHAPE.
The SHAPE website is comprised of various web pages operated by
SHAPE.
The SHAPE website is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the SHAPE
website constitutes your agreement to all such terms,
conditions, and notices.
SHAPE takes your privacy very seriously. Any personal
information collected through the SHAPE website is subject to
SHAPE's privacy policy. For more information about our
privacy policy, please click here.
MODIFICATION OF THESE TERMS OF USE
SHAPE reserves the right to change the terms, conditions, and
notices under which the SHAPE website is offered, including
but not limited to the charges associated with the use of the SHAPE
website.
LINKS TO THIRD PARTY SITES
The SHAPE website may contain links to other
websites (“Linked Sites”). The Linked Sites are not under the
control of SHAPE and SHAPE is not responsible for the contents of
any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. SHAPE is
not responsible for webcasting or any other form of transmission
received from any Linked Site. SHAPE is providing these links to
you only as a convenience, and the inclusion of any link does not
imply endorsement by SHAPE the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SHAPE website, you warrant to
SHAPE that you will not use the SHAPE website for any purpose
that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the SHAPE website in any manner which
could damage, disable, overburden, or impair the SHAPE
website or interfere with any other party’s use and enjoyment
of the SHAPE website. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made
available or provided for through the SHAPE websites.
USE OF COMMUNICATION SERVICES
The SHAPE website may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or
with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will
not:
- 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, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents.
- Upload files that contain viruses, corrupted files, or
any other similar software or programs that may damage the
operation of another’s computer.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or
chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Falsify or delete any 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, without their consent.
- Violate any applicable laws or regulations.
SHAPE has no obligation to monitor the Communication
Services. However, SHAPE reserves the right to review materials
posted to a Communication Service and to remove any materials in
its sole discretion. SHAPE reserves the right to terminate your
access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
SHAPE reserves the right at all times to disclose any
information as 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
SHAPE's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. SHAPE does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
SHAPE specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are
not authorised SHAPE spokespersons, and their views do not
necessarily reflect those of SHAPE.
Materials uploaded to a Communication Service 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 SHAPE OR POSTED AT ANY SHAPE WEBSITE
SHAPE does not claim ownership of the materials you provide to
SHAPE (including feedback and suggestions) or post, upload, input
or submit to any SHAPE website or its associated services
(collectively “Submissions”). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
SHAPE, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. SHAPE is under no obligation to
post or use any Submission you may provide and may remove any
Submission at any time in SHAPE's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
VIRUSES
SHAPE takes reasonable steps to ensure the security of the SHAPE
website. However, the internet is not a secure medium.
SHAPE does not warrant that the SHAPE website is free from viruses
or malware, and SHAPE is not liable to you or anyone else who may
suffer damage or interference by contracting a virus or malware in
connection with using the SHAPE website.
LIABILITY DISCLAIMER
The information, software, products, and services included in or
available through the SHAPE website may include inaccuracies or
typographical errors. Changes are periodically added to the
information herein. SHAPE and/or its suppliers may make
improvements and/or changes in the SHAPE website at any time.
Advice received via the SHAPE website 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.
SHAPE 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 SHAPE website 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. SHAPE 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.
To the maximum extent permitted by applicable law, in no event
shall SHAPE and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or
any damages whatsoever including, without limitation, damages for
loss of use, data or profits, arising out of or in any way
connected with the use or performance of the SHAPE website, with
the delay or inability to use the SHAPE website or related
services, the provision of or failure to provide services, or for
any information, software, products, services and related graphics
obtained through the SHAPE website, or otherwise arising out of the
use of the SHAPE website, whether based on contract, tort,
negligence, strict liability or otherwise, even if SHAPE or any of
its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitation may not apply to you. If you are dissatisfied
with any portion of the SHAPE website, or with any of these terms
of use, your sole and exclusive remedy is to discontinue using the
SHAPE website.
TERMINATION/ACCESS RESTRICTION
SHAPE reserves the right, in its sole discretion, to terminate
your access to the SHAPE website and the related services or any
portion thereof at any time, without notice.
GENERAL: To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Victoria,
Australia and you hereby consent to the exclusive jurisdiction
and venue of courts in the State of Victoria, Australia in all
disputes arising out of or relating to the use of the SHAPE
website. Use of the SHAPE 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 SHAPE as a result of this
agreement or use of the SHAPE website. SHAPE's performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of
SHAPE's right to comply with governmental, court
and law enforcement requests or requirements relating to your use
of the SHAPE website or information provided to or gathered by
SHAPE 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
SHAPE with respect to the SHAPE website and it supersedes all prior
or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and SHAPE with
respect to the SHAPE website. 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.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the SHAPE website are: Copyright 2011 SHAPE
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organisations, products, people and
events depicted herein are fictitious. No association with any real
company, organisation, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Australian Copyright Laws, notifications of claimed
copyright infringement under Australian copyright law should be
sent to Service Provider’s Designated Agent. All inquiries not
relevant to the following procedure will receive no response. See
Notices and Procedure for Making Claims of Copyright Infringement
above.