Terms & Conditions
1. General Rules and Definitions
738 Pty Ltd, including its owners, parents, subsidiaries, affiliates, licensors, directors, officers, managers, members, agents and employees ("738 Pty Ltd"), requires that all visitors to its Internet sites, applicable to www.infrontartists.com, infrontartist.com, infrontentertainment.com, infrontentertainment.com.au, and related properties (together, the "Websites"), adhere to the following Terms and Conditions.
738 reserves the right to change these Terms and Conditions at its sole discretion and at any time without personal notice to you. If 738 makes a material change to these Terms and Conditions, 738 will update this page and will indicate the effective date of the changes at the top of this page. Your continued use of the Websites constitutes your acceptance of any changes.
2. Intellectual Property
A. Ownership; License
The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the contents of any of the Websites, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
Subject to your compliance with these Terms and Conditions, 738 grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
listen to music and view videos streamed from the Websites, and participate in the Websites' community areas; create profile pages on the Websites for non-commercial and private use; communicate with other members of the Websites' communities; embed and display the contents of the Websites on your own personal website or other non-commercial external websites; and download the contents of the Websites onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.
B. User Uploaded Information
The Websites may allow you to upload or submit information, text, images, audio, video, and other materials to, through or on the Websites ("User Uploaded Information"). For example, the Websites may offer forums, blogs, chat rooms or other interactive areas. 738 does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. 738 reserves the right, to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. 738 undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information.
You are solely responsible for all User Uploaded Information that you make available via any of the Websites. Under no circumstances will 738 be liable to you in any way for any User Uploaded Information that you upload, post, or otherwise make available via any of the Websites including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.
When you upload User Uploaded Information via the Websites, you grant to 738, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, move, take down, put back up, suspend, copy, reproduce,disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.
(i) the rights to host, cache, store, copy, transmit, perform, display, broadcast, stream and transmit Your Content by any means now known or hereinafter invented;
(ii) the rights to make copies of and otherwise reproduce Your Content on the Company's computers and on other 738 pty ltd websites;
738 reserves the right to remove any content contained in or posted to the Websites that allegedly infringes another person's copyright and third parties. Notices to 738 regarding any alleged copyright infringement on the Websites should be directed to firstname.lastname@example.org.
No Unlawful Or Infringing Content. You agree that You will not upload any Content that violates any law or regulation or infringes, violates or misappropriates any person's or any entity's rights, including, without limitation, any person's or any entity's intellectual property rights or other proprietary rights, any privacy rights, or any contractual rights.
No Sexual Depictions Of Children. You expressly agree that You will not upload or otherwise provide to 738 or to Company any Content that contains any depiction of a minor engaged in "sexually explicit conduct."
No Nudity Or Sexually Explicit Conduct. You expressly agree that You will not upload or otherwise provide to 738 or to the Company any Content containing nudity or any actual or simulated sexually conduct, any obscene matter, or any Content subject.
No Nudity Or Sexually Explicit Conduct. You expressly agree that You will not upload or otherwise provide to 738 or to the Company any Content containing nudity or any actual or simulated sexually conduct, any obscene matter, or any Content subject.
No Objectionable Content. You expressly agree that You will not upload or otherwise provide to 738 or to the Company any Content that is indecent, offensive, bigoted, hateful, malicious, defamatory, or harmful to minors or any Content that depicts actual or simulated cruelty or harm to animals.
No Personal Information Regarding Any Person Under The Age Of Thirteen (13) Years. You agree that You will not at any time upload or otherwise provide any personal information regarding any person under the age of thirteen (13) years, including without limitation, any name, email address, mailing address, telephone number, social security number or other personally identifying information.
3.1 Member Generated or Third Party Content
Company And Company's Licensors Shall Not Be Responsible For Member-Generated Or Third-Party Content. You understand and agree that when You are using the Websites and/or the Service, You will be exposed to Content from a variety of sources, including, without limitation Content provided by other Members, and Content provided by other Affiliated Content Providers, and that the Company and its licensors are not, and shall not, be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to, such Content. You further understand and acknowledge that You may be exposed to information and other Content that is inaccurate, offensive, indecent, and/or objectionable, and You expressly agree to waive, and hereby do waive, any and all legal and equitable rights and remedies You have or may acquire in the future against the Company, the Company's licensor(s), and/or their respective licensors and licensees with respect thereto, and, to the extent permitted by applicable law, You agree to indemnify and hold harmless all Indemnified Parties to the fullest extent allowed by law regarding all matters related to Your use of the Website, the Service and Content directly or indirectly related thereto.
3.2 Use of Website to Communicate with others
No Endorsement Of Communications.
The Company does not endorse or arrange personal, professional and/or social communications or meetings between or among Members, Affiliated Content Providers or other Users of the Website. You are expected to use common sense and take appropriate measures and precautions in the event that You choose to communicate with, or meet with any person or entity with whom You have communicated through the use of any public areas or chat areas of the Website, if any, and/or through any Services or materials provided by the Company, a Company affiliate or any Affiliated Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by email, by videoconferencing, by telephone or by any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Members, Website Users, any Affiliated Content Providers, or any other Company affiliates, or through any use, directly or indirectly, of the Website and/or Services provided by the Company.
Links To Third-Party Websites.
You acknowledge and agree that links on the Website to external websites with or without related third-party company logos shall not be deemed to constitute endorsement by Company of the opinions or views expressed at such linked websites ("External Websites") or by such third-party companies. We have no editorial control or supervision over selection or display of such content provided by such third-parties or such third-party Websites and such third-parties are solely responsible and liable for all such content. Company does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in, at, on or available through any External Website. Furthermore, Company shall not be responsible for the quality or delivery of the products or services offered by, accessed at, or advertised in any External Website. As such, neither Company nor its subsidiaries or affiliates shall be responsible for any errors or omissions or for the results obtained from the use of content or other information contained in, at, on or available through any External Website. To the extent that an External Website collects personal information or postings from the end users, be advised that in no event shall Company 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 at, in, on, through or in association with any External Website. You acknowledge and agree that Company shall not, under any 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, content, products or services contained in, at, on or available through, any External Website.
Communication With Advertisers.
Members and other Users may from time to time enter into correspondence with, or participate in the promotions of, advertisers or providers of third-party services through, or in association with, the Website. All such correspondence, including, without limitation, any resulting contractual agreements, shall solely be between the advertiser and/or third-party provider and the User. You expressly acknowledge and agree that the Company shall not be responsible for any representations by any such advertisers or third-party providers for upholding any applicable terms, conditions, or warranties made by the advertiser or third-party provider in connection therewith. You acknowledge and understand that We do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or promotional material submitted or otherwise provided by third parties for publication via the Website and/or Service, nor make any claims or take on any duty regarding the accuracy or reliability of any such advertisements. The Company is neither an author nor editor of any of the materials uploaded, posted or otherwise made available via the Website by any advertiser or other any third-party. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to responding thereto or purchasing goods and/or services described at the Website.
Services Enabling You To Communicate With Members And/Or Other Websites Users.
The Company may in its discretion provide a service that enables authorised Users to communicate with or otherwise share information with other Members and/or Users of the Website or persons who offer to provide a service to Members or other Website Users, such as Affiliated Content Providers. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in Australia or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice, and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access and use the Website, 738 and Services provided by the Company. You agree to fully indemnify Company and any other affected Members and other Website Users for any and all breaches of Your obligations in this Paragraph.
You Shall Be Responsible For All Your 738 Communications.
You acknowledge and agree that You shall at all times be solely responsible for all messages, materials, information and Content You post, upload or otherwise provide to the Websites and/or the Company. You further acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen and unforeseen, regarding all messages, materials, information and Content that You submit, upload, provide, publish, display, disseminate or otherwise communicate through the Website even if one or more claims for damages or liability arise after termination of Your Membership or this Agreement.
Company Is Not Responsible For Content Uploaded Or Otherwise Provided By Others.
You acknowledge and agree that Company is not, and shall not be held, responsible or liable for the quality, legality, or any other matter regarding, any Content, products, services or information, including email, that is directly or indirectly transmitted, posted, provided or otherwise made available to You by Members, other Affiliated Content Providers, advertisers, or any other third-parties. You further expressly acknowledge that We do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or Content of any kind which has been posted, uploaded, transmitted or otherwise provided by other Users, Members, other Affiliated Content Providers, the Company's other affiliates, advertisers, or any other third-parties.
Release Of Company From Liability Regarding Content.
You hereby release Company and all other Indemnified Parties from any and all liability and responsibility in connection with the Content and all other information, messages, communication and other materials You receive or may receive from the Company, other Users, Members, Affiliated Content Providers, the Company's other affiliates, or advertisers, and You promise never to bring any action, claim or initiate any dispute of any kind regarding any such Content or other information, messages, communication and/or other materials that are directly or indirectly transmitted, posted, provided or otherwise made available to You in, at, on, through, or in association with, the Website or any Service provided to You by the Company.
Communications Submitted By You Are Not Private.
If the Company provides a communication or information sharing service, You agree that any and all messages and other communications by You shall be deemed to be readily accessible to all other Users of the Website, including without limitation, all future Users, who are authorised to access the Website, 738 and/or any Service provided by Company and/or any of the 738 trademark licensor's other licensee's websites and/or services. You further agree that all such messages and other communications shall not be deemed to be private or secure. You further acknowledge and agree that all messages and Content posted or otherwise transmitted by You and others in any chat rooms or public areas which may be provided on, or in association with, the Website, if any, shall be deemed to be readily and fully accessible to the general public on terms determined by the Company, and consequently should not be considered private or confidential. Consequently, You should not use the Website for any communication which You intend to be private, confidential, privileged or regarding which You intend or expect that only You and the intended recipient(s) to receive, read or participate in. Regardless of whether the Company provides any type of communication or sharing service(s), You agree that You have hereby been informed and noticed that any and all messages and other communications that You submit to the Company directly or through the Website can be read by the operators and/or other agents and attorneys of the Company whether or not they are the intended recipient(s).
Unlimited Right To Investigate Complaints.
Although We do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by You or any third-parties. We reserve the right but not the obligation, in Our sole and absolute discretion, to investigate complaints and review, examine, and/or monitor any and all materials posted or uploaded to the Website, and/or any Service provided the Company, by You or any third-parties, at any time without prior notice to ensure that they conform to Our Content guidelines, the Community Code Of Conduct, and/or policies of the Website and/or Services that may be applicable thereto.
Right To Delete Communications.
We reserve the right, in our sole and absolute discretion, to delete any and all messages, profiles, posts and other Content, uploaded, submitted and otherwise provided to the Website and/or to the Service, including without limitation any and all public postings, without notice, that We, in our sole discretion, determine violate (i) the Community Code of Conduct, (ii) any other terms of this Agreement, (iii) any Service-Specific Terms, or (iv) any applicable content guidelines adopted from time to time by the Company, or that We determine, in our sole discretion, are otherwise unacceptable.
No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code.
You understand that the Company does not represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from, the Website, any Service provided by the Company, and/or any affiliated website, will be free of viruses, worms, Trojan horses, code that may manifest contaminating or destructive properties or any other Harmful Software. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of exposure to, or damage caused by, Harmful Software. The Company does not assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices, or any damage to Your Content or other information through Your use of the Website,and/or Content or other materials You may obtain in association therewith or in association with, or through, any Service provided by the Company or its affiliates.
Your Use Of The Website, 738 And All Services Provided By Company Is At Your Own Risk.
You hereby agree that the use of the Website and Service, including without limitation, all materials, features, functions and all other goods and Services provided to You by the Company, and the use of any and all Content provided by the Company, Members, advertisers, and others on, in, at, through, from, or in association with, the Website are provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or Services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company expressly disclaims all such warranties. Company does not warrant that the functions of the Website or the providing of any Content will be uninterrupted or error-free, or that any discovered defects will be corrected. You expressly agree that under no circumstances and under no cause of action or legal theory, shall Company, or any of the Company's suppliers, licensors (including without limitation, the 738 trademark licensor), licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from Harmful Software or materials, or communications by Company, You, or other Users of the Website, or from any use of any Content, the Website or Services provided by the Company. This disclaimer of warranty constitutes an essential part of this Agreement. Some states and countries do not allow exclusions of an implied warranty. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement is ultimately determined to apply to You, You acknowledge and agree that it is the express intent of the Parties hereto that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement shall be construed as broadly as is permissible under applicable law and that the Parties shall do any and all things reasonably necessary to ensure that the limitations of liability set forth in this Paragraph and elsewhere in this Agreement are valid, effective and applicable as intended, including, without limitation, if necessary, to change the applicable choice of laws applicable for dispute resolution regarding matters involving Company's liability to an applicable choice of laws that does not limit the applicability of the terms set forth in this Paragraph and other limitations of liability set forth elsewhere in this Agreement.
4. Community Code of Conduct
You agree to use the Websites and all Services provided by the Company in strict accordance with this Community Code of Conduct.
(I) You shall at all times act professionally and be courteous to Members and other Users of the Website and shall not use Infront Artists, the Website or any Service provided by the Company to engage in any harassing, abusive, disruptive or offensive behaviour, or to post or upload any communication or other Content that contains libelous, slanderous, abusive, defamatory, racist, obscene or offensive language or other material.
For example, when commenting on another Member's profile or creative work, if You are provided a means to do so, You agree that You will only engage in constructive commentary and refrain from abusive comments. You agree that You will not engage in any activity or behaviour that directly or indirectly interferes with any Member's or Website User's use or enjoyment of the Website or Services provided by the Company. You also agree not to send any unwelcomed communications to any Infront Artists Members or Users or use 738 or any Service provided by the Company to send unwelcomed communications to others.
(II) You shall not use Infront Artists, the Website or any Service provided by the Company in any manner that infringes, misappropriates or otherwise violates any person's or entity's rights.
For example, You may not upload any photographs, videos, recordings, text or other Content to the Website that does not belong to You or for which the You do not have all the required rights to do so at the time of uploading.
You may not copy, sell, license, broadcast, transmit, distribute, perform, display, rebrand, or otherwise use any information or other Content accessible in, at, on, through, from or in association with, Infront Artists, the Website or any Service provided by the Company (excluding Your Content) except as permitted in this Agreement or as otherwise expressly authorised by the Company.
You may not use Infront Artists, the Website or any Service provided by the Company to publish information that You do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such confidential information, information learned or disclosed as part of an employment relationship, information covered by or under a nondisclosure agreement, or any "insider" information).
You may not use the Infront Artists trademark, or any of the Company's or the Infront Artists trademark licensor's brands, logos or other trademarks for any purpose unless You have received express prior written authorisation from the Company and the Infront Artists trademark licensor to do so.
(III ) You shall not to remove or attempt to remove any notices or labels (including without limitation, any copyright or trademark notices or symbols) or any advertisements associated with, or incorporated into, the Website or any Service provided by the Company, or incorporated into any Content displayed or posted at, on, in or in association with, the Website.
(IV) You shall at all times comply with all applicable laws and You shall not use Infront Artists, the Website or any Service provided by the Company to engage in any form of illegal conduct.
Without limiting the foregoing, You agree that You will not use Infront Artists, the Website, or any of the Services to
- (i) unlawfully acquire or use any other Member's or other User's personal information;
- (ii) advertise, promote, market, buy, or sell any illegal products or prohibited activities;
- (iii) upload, download, distribute or transmit child pornography, obscene material or material not compliant
- (iv) threaten, harass or injure any person; or
- (v) violate any law regarding the transmission of technical data or software exported from Australia.
(V) You agree that You will not engage in any unlawful or inappropriate use of email to promote Yourself or any other person or entity on or in association with Infront Artists.
You agree not to engage in any activity the comprises the sending of junk email, chain letters, duplicative or unsolicited messages or unlawful "spamming" in connection Your use of any Services provided by the Company. You may not use Infront Artists or any Service provided by the Company to promote or participate in any "chain letters," "pyramid schemes," or any similar forms of communication.
(VI ) You agree that You will not post inappropriate, inaccurate, harmful or objectionable Content to Infront Artists or use any such materials in association with Your use of the Website or any Service provided by the Company.
(VII) You shall only provide truthful and accurate information to the Company and to the Service, including without limitation, all information You post in Your Profile Area.
For example, without limiting the foregoing, You acknowledge and agree that You shall not upload, post, email, transmit or otherwise make available any information or other Content that:
(i) falsely states or otherwise misrepresents Your identity; or
(ii) contains a forged header or false identifiers to disguise the origin of
any communication transmitted through or in association with Infront Artists or any Service provided by the Company.
(VIII) You shall not attempt to sign up for or otherwise create a Membership for any person except for Yourself, a natural person and You shall not create more than one Membership for Yourself.
You may not set up a membership for an entity, such as a corporation, a trust or a limited liability company.
(IX) You shall not create more than one user profile or a user profile for anyone other than Yourself, a natural person.
(X) You shall not impersonate, or falsely claim an affiliation with, any person or entity.
For example, You shall not directly or indirectly engage in any activity in association with Your use of the Website or any Service provided by the Company in which You claim a false affiliation with the Company, any employee or agent of the Company or any other Member.
(XI) Because You acknowledge that information You provide in Your profile and post elsewhere in, at, or on the Website or through the Service will be public information, You agree that You will not post or provide information that You consider to be confidential or that You wish to keep private.
(XII) You shall not attempt to gain unauthorised access to Infront Artists, the Website or any Service provided by the Company, or to any of the Company's, or its agents' servers or databases.
You agree that You will not attempt to access any prohibited files or any of the Company's computers or databases beyond the authorisation expressly granted to You by the Company. You also agree that You will not attempt to acquire another Member's password or access another Member's account.
(XIII) You shall not attempt to establish unauthorised hyperlinks to any password-protected parts of the Website or to any materials in, at, on, or associated with, the Website without express permission from the Company to do so.
(XIV) You shall always use due care not to upload any viruses or other Harmful Software to the Website or use any Harmful Software in association with any Service provided by the Company.
For example, You agree that You will at all times take care not to upload any files (e.g., video files, text files, etc.) to the Company's servers that contain any viruses, time bombs, cancel bots, worms, Trojan horses or any other Harmful Software. You also agree not to engage in any activity that interrupts or limits the functionality of any computer software, hardware or telecommunications equipment of the Company or of any User of Infront Artists.
(XV) You shall not use the Website or any Service provided to You by the Company for any commercial purpose.
(XVI) You shall not use Infront Artists to directly or indirectly set up, develop or attempt to set up or develop any kind of sales network, multi-level marketing plan, pyramid scheme, or any similar endeavour.
(XVII) You shall not upload any Content to Infront Artists or the Website that advertises or promotes any competitor of the Company or any third-party products or services.
For example, You agree that the foregoing prohibition includes, without limitation (i) any marketing or promoting of any other website that is not expressly authorised by the Company, and (ii) any marketing or promotional activity that reasonably appears to be intended to divert traffic to another website or business, including, without limitation, a website(s) or business of any of Company's competitors.
(XIX) You shall promptly review and comply with all notices sent to You by or on behalf of the Company concerning Your membership and/or Services provided to You by the Company.
(XX) You acknowledge and agree that all of the following activities are strictly prohibited. You may not attempt to or actually:
access the Website or any Service provided by the Company by any means other than through the interfaces provided by the Company;
engage in "framing," "mirroring," or otherwise simulation of any appearance, trade dress, or function of Infront Artists or any Service provided by the Company;
"deep-link" to any part of the Infront Artists Website for any purpose except for promoting Your profile in accordance with, and subject to, the terms of this Agreement.
sell or license any Content available in, at, on or associated with Infront Artists or any Service provided by the Company;
reverse engineer, decompile or disassemble the source code for any underlying feature or function of Infront Artists or any Service provided by the Company;
create any derivative works based on Infront Artists the Website, or any intellectual property underlying or relating to any of the Services provided by the Company;
use any bots or other automated methods to access, "spider", "crawl" or otherwise acquire data in, on, at or from any Infront Artists web page or any Service provided by the Company, or to download Member information or other Content, or to send or redirect messages to other Members or Website users;
use Your membership or any Content You access in, at, on, through, from, and/or in association with Infront Artists or any Service provided by the Company to create or promote any business in competition with Infront Artists; or
circumvent or override any security feature or functionality of Infront Artists, the Website or any Service provided by the Company.
(XXI) Members shall block and otherwise prevent any and all use of Infront Artists by their minor children under the age of 13.
(XXII) It shall at all times be Your obligation to update Your information on file with the Company as necessary.
5. User Accounts
6.1 Third Party Content and Linked Sites
Third parties provide some of the contents of the Websites. 738 makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.
In addition, third parties may offer goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. 738 will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Under certain circumstances, 738 may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within the Websites do not imply endorsement by 738 of that product, service or publication.
The Websites may include links to other sites that are not maintained by 738.
738 is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content or any loss suffered by you in relation to your use of such websites. 738 shall have no liability for any loss or damage arising from your use of any such site. You waive any and all claims against 738 regarding the inclusion of links to outside websites or your use of those websites. Links to other websites do not imply that 738 endorse the linked site / or Content.
The following are also included:
Where 738 offers links to other websites, 738 is not affiliated with those websites and is not responsible for their content, privacy practice or other policies.
738 is not responsible for the accuracy of content contained on any linked sites 738 accepts no responsibility or liability for claims arising out of descriptions or information provided by other links / or parties
738 is not responsible for the privacy practices of other sites. 738 recommends that our users read the privacy statements of each and every web site that collects personally identifiable information.
Advertisements on site dealings with advertisers is between You and
them. 738 is not liable for any loss or damages incurred by clients dealing with advertisements or other organisation websites.
738 exclude all representations and warranties to the fullest extent.
6.2 Disclaimer; Restriction of Liability
The Websites and their contents are provided "as is" and "as available." To the fullest extent permissible by applicable law, 738 disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, non-infringement and fitness for a particular purpose.
738 will not be liable for any damages or injury caused by any use of the Websites or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Websites. 738 will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to:
- (1) the Websites or User Uploaded Information;
- (2) the use of, inability to use, or performance of the Websites or any of the contents or features thereon;
- (3) any action taken in connection with an investigation by 738 or law enforcement authorities regarding your use of the Websites or the contents thereof;
- (4) any action taken by or in connection with copyright owners;
- (5) any errors or omissions in the Websites' technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Websites).
738 controls and operates the Websites and makes no representation that the contents of the Websites are appropriate or available for use outside of the Australia. If you use any of the Websites from a location outside the Australia, you are responsible for compliance with applicable AUS. and local laws, including export and import laws.