A.This Agreement, which incorporates by reference other provisions applicable to use of the ‘Appliance Professionals Website’, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained on ‘Appliance Professionals Website’, sets forth the terms and conditions that apply to use of ‘Appliance Professionals Website’ by User. By using Appliance Professionals (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use ‘Appliance Professionals Website’ is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B.Appliance Professionals shall have the right at any time to change or discontinue any aspect or feature of ‘Appliance Professionals Website’, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms
Appliance Professionals shall have the right at any time to change or modify the terms and conditions applicable to User’s use of ‘Appliance Professionals 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 ‘Appliance Professionals Website’, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of ‘Appliance Professionals Website’ by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. Description of Services
Through its Web property, Appliance Professionals provides User with access to a variety of resources, including 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.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of ‘Appliance Professionals Website’ and all charges related thereto.
5. User Conduct
A.User shall use the ‘Appliance Professionals Website’ for lawful purposes only. User shall not post or transmit through the ‘Appliance Professionals Website’ 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 Appliance Professionals ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Appliance Professionals’s discretion restricts or inhibits any other User from using or enjoying the ‘Appliance Professionals Website’ will not be permitted. User shall not use the ‘Appliance Professionals 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 Appliance Professionals.
B.‘Appliance Professionals 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 ‘Appliance Professionals Website’ are copyrighted as a collective work under the Australian copyright laws. Appliance Professionals 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 Appliance Professionals 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. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C.User shall not upload, post or otherwise make available on the ‘Appliance Professionals Website’ 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 and the burden of determining that any material is not protected by copyright rests with User. 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 the ‘Appliance Professionals Website’, User automatically grants, or warrants that the owner of such material has expressly granted Appliance Professionals 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. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Appliance Professionals the right to edit, copy, publish and distribute any material made available on the ‘Appliance Professionals Website’ by User.
D.The foregoing provisions of Section 5 are for the benefit of Appliance Professionals, 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.
6.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 User to communicate with others (each a “Communication Service” and collectively “Communication Services”). 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, User agrees that when using the Communication Services, 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 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 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 User 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.
Appliance Professionals has no obligation to monitor the Communication Services. However, Appliance Professionals reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Appliance Professionals reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Appliance Professionals 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 Appliance Professionals’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. Appliance Professionals does not control or endorse the content, messages or information found in any Communication Services and, therefore, Appliance Professionals specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Appliance Professionals spokespersons, and their views do not necessarily reflect those of Appliance Professionals.
7. Links to 3rd Party Sites
The links in this area will let you leave Appliance Professionals site. The linked sites are not under the control of Appliance Professionals and Appliance Professionals 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. Appliance Professionals is not responsible for web-casting or any other form of transmission received from any linked site. Appliance Professionals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Appliance Professionals of the site.
Appliance Professionals is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Appliance Professionals 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 ‘Appliance Professionals Website’, are those of the respective author(s) or distributor(s) and not of Appliance Professionals. Neither Appliance Professionals 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.
In many instances, the content available through ‘Appliance Professionals Website’ represents the opinions and judgments of the respective information provider, User, or other user not under contract with Appliance Professionals. Appliance Professionals neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ‘Appliance Professionals Website’ by anyone other than authorized Appliance Professionals employee spokespersons while acting in their official capacities. Under no circumstances will Appliance Professionals be liable for any loss or damage caused by a User’s reliance on information obtained through ‘Appliance Professionals Website’. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Appliance Professionals. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
8. Unsolicited Idea Submission Policy
Appliance Professionals 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 Appliance Professionals products or marketing strategies might seem similar to ideas submitted to Appliance Professionals. So, please do not send your unsolicited ideas to Appliance Professionals or anyone at Appliance Professionals. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Appliance Professionals makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Appliance Professionals shall have the right, but not the obligation, to monitor the content of ‘Appliance Professionals Website’, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Appliance Professionals and to satisfy any law, regulation or authorized government request. Appliance Professionals shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ‘Appliance Professionals Website’. Without limiting the foregoing, Appliance Professionals shall have the right to remove any material that Appliance Professionals, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Appliance Professionals, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Appliance Professionals by User or User’s Account.
Either Appliance Professionals or User may terminate this Agreement at any time. Without limiting the foregoing, Appliance Professionals shall have the right to immediately terminate User’s Account in the event of any conduct by User which Appliance Professionals, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for ‘Appliance Professionals Website’ established by Appliance Professionals constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the New South Wales Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyright Notice
Appliance Professionals and it’s logos are trademarks of Appliance Professionals Pty Ltd. All rights reserved. All other trademarks appearing on Appliance Professionals are the property of their respective owners.
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.