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 Post subject: Terms of Use
PostPosted: Fri Mar 11, 2005 11:37 am 
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Joined: Tue Jul 09, 2002 7:09 am
Posts: 14751
Location: Melbourne
Terms of Use

http://www.ausrotary.com and all content contained therein (hereinafter referred to as "the Website") is jointly owned and operated by Adam Bronstein, Barry Noble and Gregory Pieris (hereinafter referred to as "the Administrators"). Your access to and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and or access to, the Website constitutes your agreement to the Terms of Use. The Administrators of AusRotary reserve the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website.

Relationship of Moderators & Administrators

Additionally, from time to time the Administrators may escalate, at their discretion, the privileges of certain users to allow their editorial control of Content on the Website (hereinafter referred to as "Moderators"). Moderators are not paid employees of the Administrators. The appointment of a user as a Moderator or any other information contained on the Website does not indicate, either expressly or impliedly, that Moderators are representatives of or act as agents for the Administrators.

General Terms

Intellectual property and restrictions on use of Content on the Website

The term "AusRotary", the "AusRotary logo" (being the graphic displayed in the top left corner of the forum pages), and all information, text, material, graphics, layout (including section headings and descriptions), software and advertisements on the Website ("Content") are Copyright ©2001-2013 the Administrators unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by the Administrators. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of the Administrators which is prohibited by the Terms of Use.

phpBB forum software and design are Copyright ©2001, 2005 phpBB group.

Material sourced or hyperlinked from third-party websites or other sources remains copyright of its respective copyright holder(s).

Communication facilities

The Website contains electronic bulletin boards and other communication facilities which provide for communication between users to the Website ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following without the express authorisation of the Administrators:

* restrict or inhibit any other user from using or enjoying any forum;
* post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
* post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
* post or transmit any material of any kind which contains a virus or other harmful component;
* post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
* delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
* download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

The Administrators may from time to time monitor or review the contents of its Communication Facilities. While the Administrators and Moderators reserve their right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the Administrators' and Moderators' sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, the Administrators and Moderators have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor are the Administrators responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Website are solely their own).

In order to post or transmit information using the Communication Facilities, it is a condition of your use that you register as a user of the Website. The Administrators reserve their right to revoke access to the Website, in whole or part, by means of revoking user privileges (in whole or part) or by banning the use of an IP address or addresses or email addresses or domains under which email addresses may be registered.

Revocation of user privileges is final and serves as an indication that the user is no longer permitted to access the Website or reregister for membership. The reversal of such a ban is at the sole discretion of the Administrators. The Administrators reserve the right to inform the Internet Service Provider ("ISP") of a user if a user has regained access in breach of the Terms of Use. Wherever this may constitute a breach of the Terms & Conditions of a user's agreement with their ISP, the Administrators reserve the right to seek the user's account with the ISP to be closed. Access to the forum or reregistration after revocation of membership is unauthorised by the owners of the Website. Accordingly, the Administrators reserve the right to seek legal remedies, including but not limited to actions for trespass and nuisance, against any person who reregisters for membership after having their rights revoked.

You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

The Administrators reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law. The Administrators reserve the right to cooperate with users in respect of any legal rights which may have been violated while accessing the Website by disclosing the identity or other information in respect of anyone who may have violated said legal rights.

User licence to the Administrators

By placing any information or other material on the Website (including posting messages, uploading files, inputting data, hyperlinked files stored on external servers that were created for the purpose of being displayed on the Website or engaging in any other form of communication), you grant to the Administrators a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of the Administrators and any other party authorised by Administrators all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of the Administrators, you will execute and deliver to the Administrators such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and third-party offers

The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of the Administrators and the Administrators are not responsible for the contents of any linked website or any hyperlink contained in a linked website. The Administrators allows these hyperlinks to be posted as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Administrators. You link to any such website entirely at your own risk.

Framing

You must not frame any of the material appearing on the Website except in accordance with the Administrators' prior written consent.

Disclaimer and limitation of liability

The Administrators and Moderators of AusRotary exclude all conditions and warranties implied by custom, law or statute, except as provided by non-excludable Rights under State and territory legislation in Australia. The website is not a corporation within the meaning of the Corporations Act 2001 (Cth) and the Administrators and Moderators assume no liability under relevant legislation including, but not limited to, the Trade Practices Act 1974 (Cth).

Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) the Administrators and Moderators of AusRotary and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) the Administrators and Moderators of AusRotary do not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) the Administrators and Moderators of AusRotary do not warrant or make any representation regarding your access to, or the results of your access to, the websites (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not the Administrators and Moderators of AusRotary) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of the Administrators and Moderators of AusRotary) will the Administrators and Moderators of AusRotary or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability
to use or access, the Website or any Content.

While the Administrators and Moderators of the Website will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to these forums express the views and opinions of the author, including any information and/or advice and any defamatory statements or offensive conduct, and not the Administrators, Moderators or webmaster and hence will not be held liable.

If you feel objectionable material, including but not limited to defamatory statements or offensive conduct, has been published on the Website, please notify the Administrators immediately so that we may address the issue promptly.

Termination

The Terms of Use are effective until terminated by the Administrators and the Administrators may terminate this agreement and your access to the Website at any time without notice for any reason. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks

The term "AusRotary" and the "AusRotary Logo" (being the graphic displayed in the top left hand corner of the forum main page) are trademark of the Administrators of the Website, notwithstanding they are not registered trademarks within the meaning of the Trade Marks Act 1995 (Cth). Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of the Administrators.

The AusRotary Logo below may be available to you to place on your own website as a hyperlink to the relevant AusRotary website, but such use requires the express written authorisation of the Administrators, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

Miscellaneous

The Administrators of this Website rely on your continued observance of these Terms of Use. If the Administrators or Moderators suffer any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify the Administrators and/or Moderators for those losses, damages and costs.

This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

Specific Terms

Specific Terms of Use for the Trader Forum

These specific Terms of Use for the Trader Forum, being the Parts Trader, Car Trader, Group Buys, Vendors & Products and Trader Feedback sections of the Website, are in addition to the general Terms of Use governing the use of the Website.

The Administrators provide the Trader Forum to bring advertisers and buyers together, but the Administrators and Moderators do not assume or accept any responsibility for the content of ads placed in the Trader Forum, or for the suitability, quality and condition of items which you wish to purchase, or for the honesty and tradeworthiness of advertisers. It is your responsibility to make your own enquiries. We provide trader feedback to assist with these enquiries. The Administrators and Moderators exclude all liability (to the extent permitted at law) in connection with your use of the Website (and sites linked from this site) or our services.

These specific Terms of Use for the Trader Forum do not exclude any rights which by law cannot be excluded. The user is referred to the Website's general Terms of Use for a complete statement on the Trade Practices Act and the user's Non-Excludable Rights.

Specific Terms of Use for the Technical Forum

These specific Terms of Use for the Technical Forum, being the Technical, Tech Reference and Car Audio sections of the Website, are in addition to the general Terms of Use governing the use of the Website.

The Technical Forum contains information in the form of information relating to diagnosis of mechanical problems of vehicles, instructions for performing repairs, fabrication, modification and other work on vehicles and components of vehicles and technical discussion. Users publish information in the Technical Forum and do not act as representatives or agents of the Administrators and Moderators.

The Administrators and Moderators (even when posting in their capacity as users) do not assume or accept any responsibility for, and shall not be liable for the accuracy of, any information contained on the Technical Forum nor to the professional qualifications of users providing information in the Technical Forum.

The information in Technical Forum is provided as an information service only and should not be relied upon as a substitute for professional advice. None of the information on the Technical Forum takes into account the full individual circumstances of each user's query or the level of expertise a user has in performing mechanical automotive work. Anyone viewing the Technical Forum must therefore assess whether it is appropriate, in the light of their own individual circumstances, to act upon the relevant information. It may be advisable to obtain professional advice before making any decision or taking any action based on the information provided in the Technical Forum.

The Administrators and Moderators make no guarantees that modifications to a vehicle registered in an Australian state or territory are lawful. Anyone viewing the Technical Forum is therefore advised to obtain advice from their relevant road transport authority or Environmental Protection Agency office.

The Administrators and Moderators do not assume or accept any responsibility for, and shall not be liable for any loss, damage or personal injury arising out of relying on information contained in the Technical Forum.

These specific Terms of Use for the Technical Forum do not exclude any rights which by law cannot be excluded. The user is referred to the Website's general Terms of Use for a complete statement on the Trade Practices Act and the user's Non-Excludable Rights.

Specific Terms of Use for the Events Forum

These specific Terms of Use for the Events Forum, being the Events and Past Events sections of the Website, are in addition to the general Terms of Use governing the use of the Website.

The Events Forum contains information in the form of advertisements for events organised by users. Users publish information in the Events Forum on their own behalf and do not act as representatives or agents of the Administrators and Moderators. The publication of any event in the Events Forum does not imply any endorsement by the Administrators and Moderators of the event.

The Administrators and Moderators (even when posting in their capacity as users) do not assume or accept any responsibility for any loss, damage or injury to any person or property sustained in connection with an event advertised in the Events Forum.

By accessing the Events Forum, you agree to indemnify the Administrators and Moderators for any loss or damage or any costs incurred in connection with any event advertised in the Events Forum.

Your attendance at any event advertised in the Events Forum is entirely at your own risk. While we encourage safe and legal motoring, we are not in a position to provide any organisation or supervision of any event advertised in the Events Forum.

These specific Terms of Use for the Events Forum do not exclude any rights which by law cannot be excluded. The user is referred to the Website's general Terms of Use for a complete statement on the Trade Practices Act and the user's Non-Excludable Rights.

Copyright (c) 2001-2006, the Administrators of http://www.ausrotary.com. All Rights Reserved.

The Administrators can be contacted via Private Message.

The usernames of the Administrators of AusRotary are:
Adsy01
KYPREO
Steyr

The usernames of the Moderators of AusRotary are:

MrGenius
S2 13BT
sim_rx3
Rota_motor

Please report any threads in breach of the Forum Rules or Terms of Use to the moderators via Private Message.

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