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  1. Acceptance of Terms of Use and amendments

This site is operated by "the ICONS partners". Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see the ICONSPrivacy Statement, which is incorporated into these Terms of Use by reference.

  1. The ICONS partners service

The ICONS web site and services are provided to you on an "as is" basis. You agree that the ICONS partners exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. The ICONS partners' shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

  1. Your responsibilities and registration obligations

In order to use this web site, you must registerand agree to provide truthful information when requested. When registering, you explicitly agree to the ICONS Terms of Use, as may be modified by the ICONS partners from time to time.

  1. Privacy statement

Registration data and other personally identifiable information that may be collected via ICONS are subject to the terms of the ICONS Privacy Statement.

  1. Registration and password

You are responsible to maintain the confidentiality of your password, or any other security mechanism that may be in use, and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify the ICONS partners of any unauthorised use of your registration, user account, password, or other security mechanism.

  1. Your conduct

You agree that all information or data of any kind, publicly or privately provided to the ICONS web site, shall be the sole responsibility of the person providing the content or the person whose user account is used. You agree that this web site may expose you to content that may be misleading, objectionable, or offensive. The ICONS partners shall take steps to minimise the chances of this site containing material that is misleading, objectionable, or offensive, but shall not be responsible to you in any way for the content that appears on this web site, nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, obscene, offensive, objectionable, pornographic, misleading, or likely to interfere or interrupt this web site or any service provided;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising;
(e) provide any content that may give rise to civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

  1. Submission of content on this web site

By providing any content to this web site: (a) you agree to grant to the ICONS partners and all other users of this web site a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the license set forth in this Section 7;
(c) you acknowledge and agree that the ICONS partners shall have the right (but not obligation), in their sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice.

  1. Third party services

Any representations that may be made on this web site regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The ICONS partners shall not be liable, or responsible in any manner, for any of your dealings or interaction with third parties.

  1. Indemnification

You agree to indemnify and hold as harmless the ICONS partners, their officers, directors, employees, agents, independent contractors, sponsors, and any related parties from any claim or demand, including reasonable legal fees, that may be made by any third party that is due to, or arising out of, your conduct or connection with this web site, your provision of content, your violation of this Terms of Use statement or any other violation of the rights of another person or party.

  1. Disclaimer of warranties

Your understand and agree that your use of this web site and any services or content provided is made available and provided to you at your own risk. It is provided to you "as is" and the ICONS partners expressly disclaims all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
The ICONS partners makes no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither the ICONS partners nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

  1. Limitation of liability

You expressly understand and agree that the ICONS Partners shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if the ICONS partners have been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorised access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the service, or (v) any other matter relating to the service.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

  1. Reservation of rights

The ICONS partners reserves all of their rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that it may have in this web site, its content, and the goods and services that may be provided. The use of the ICONS partners rights and property requires the ICONS partners prior written consent. The ICONS partners are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of this web site or service without our prior written consent.

  1. Notification of copyright infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, you may contact the ICONS partners using the feedback form on this site.

  1. Applicable law

You agree that this Terms of Use statement and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of of the state of Queensland, Australia.

  1. Miscellaneous information

In the event that this Terms of Use statement conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use statement will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use statement shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) the ICONS partners may assign their rights and obligations under this Terms of Use statement and it shall be relieved of any further obligation.

Last Updated ( Thursday, 12 April 2007 )

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