terms of use

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terms of use

Written by cityadmin2

Feb

2010

This Website is owned and operated by citymakers who will be referred to as "citymakers", “We”, “our” and “us” in this Terms of Use policy. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by us.

Using our web site

Please read these terms of use carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by these terms and conditions.

If you do not wish to be bound by these terms and conditions then you may not use our Website and must leave this Website immediately.

You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our privacy policy on this website.

Applicability of online materials

Unless otherwise specified the materials published on our web site are presented solely for general information and for your private, personal and non-commercial use. It is subject to change without notice.

We have used our reasonable endeavours to ensure that our Website complies with Australian law. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside of Australia.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you represent and warrant that:

· the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party (under no circumstances does citymakers authorize any infringement of copyright);

· if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

· you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

· the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

· the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

· the Content is not pornographic, libellous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

Copyright & monitoring

By submitting Content to citymakers for inclusion on the Website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of operating the website. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, citymakers has the right (though not the obligation) to, in citymakers sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any citymakers policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in citymakers sole discretion.

This website contains material which is owned by or licensed to us. The contents of our web site are protected by international copyright laws and other intellectual property rights. This material includes, but is not limited to, the design, layout, look, appearance and graphics. We, or other third party licensors, are the owner of these rights. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete a listing or review.

Linked sites

We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our Website. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master. You may not create a link to this website from another website or document without citymakers’ prior written consent.

Availability of our Website

We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

We reserve the right to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.

We are committed to safeguarding the privacy of our users. We take your privacy very seriously and it is important to us that you can use and enjoy our website without having to compromise your privacy in any way. For more information, please see our privacy policy.

Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your citymakers account (if you have one), you may simply discontinue using the Website.

Limitation of Liability

In no event will citymakers, or its suppliers or licensors, be liable with respect to any subject matter of these terms and conditions under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential losses or damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. citymakers shall have no liability for any failure or delay due to matters beyond their reasonable control. We will not accept any liability for defamation in relation to third party material on this website.

Indemnification

You agree to indemnify and hold harmless citymakers, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, claims and expenses, including legal fees, arising out of your use of the Website, and including but not limited to your violation of these terms and conditions.

Specifically you agree to indemnify us against any and all losses associated with your posting of material to the Website, from any breach of copyright that you cause to occur, or from any defamation action that results from your posted material or link.