Section 1: GENERAL PROVISIONS
Section 2: POSTED INFORMATION
Section 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
PLEASE REVIEW BEFORE JOINING FISHNET MEMBERSHIP & USING THIS WEB SITE
SECTION 1: GENERAL PROVISIONS
USE OF INFORMATION AND CONTENT ON THE SITE
You acknowledge that FISHNET reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of FISHNET and/or its suppliers.
Certain portions of the Site have been designated as areas in which registered users (MEMBERS) may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see Section 2: Posted Information below for further details regarding Posted Information.
Unless otherwise noted in a particular document, FISHNET hereby authorises you to electronically copy or print in hard copy any document published by FISHNET on the Site solely for your internal reference purpose. In consideration of and as a condition to this authorisation, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by FISHNET without prior written approval from FISHNET or the appropriate supplier is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. Unauthorised USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
DESIGN AND LAYOUT
The design of the Site is the property of FISHNET. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
LINKS TO THIRD PARTY SITES
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of FISHNET, and FISHNET is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
USER PRIVACY INFORMATION
USER FEEDBACK AND IMPROPER TRANSMISSIONS
Except for Posted Information or personal information, if you transmit to or otherwise provide to FISHNET any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. FISHNET shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to FISHNET, you are deemed to grant to FISHNET a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "Spam", or any threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, FISHNET will have no liability related to the content of any such communications.
Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.
FISHNET may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. FISHNET is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
DELETION AND LOCKOUT
LINKING AND FRAMING
You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. It is recommended you link to the Site only by linking to the FISHNET home page located at www.fishnet.com.au. The site uses dynamic webpage delivery and specific Site URL's can be expected to change from time to time.
These terms are be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia. The provisions of this User Agreement are severable and if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this User Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
This User Agreement and end Service Agreement sets out the entire understanding and agreement between you, the user and Fsihnet.com.au Pty Ltd.
SECTION 2: POSTED INFORMATION
ALL POSTED INFORMATION IS PUBLIC
FISHNET has reserved certain portions of the Site to permit registered users to post materials or information, including but not limited to classified ads, user profiles or other personal information, graphics, images, opinions, comments, conversations or questions ("Posted Information"). FISHNET has provided those special sections as a service to its members with the intent of making Posted Information publicly available to anyone who wishes to view it.
LICENSE TO POSTED INFORMATION
By submitting the Posted Information for publication on the Site, you grant to FISHNET, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute, (in any format whatsoever) the Posted Information for any purpose related to the our site, other sites and off-line publications.
You also hereby authorise any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes.
If your Posted Information includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to FISHNET a worldwide, royalty-free, sublicenceable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. FISHNET reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.
Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of FISHNET with regard to the contents of sites related to User Links.
USE AND MONITORING OF POSTED INFORMATION
The decision to make Posted Information available, or to use or respond to Posted Information is yours alone. FISHNET has only made a portion of the Site available for the publication, distribution, and review of Posted Information. FISHNET is not involved in any transactions between the users who submit Posted Information, and the users who view or use such information. Without limiting the generality of foregoing, FISHNET is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.
In addition, please note that FISHNET cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.
FISHNET has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. FISHNET may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by FISHNET of the Posted Information.
USER REPRESENTATIONS AND WARRANTIES
FISHNET respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, you hereby represent and warrant:
b) That the Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;
c) That, to the extent you are advertising to transfer or sell any product, you have all right, title and interest in such product to allow such transfer or sale.
d) That you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Posted Information is true and your own information; and
e) That the Posted Information does not contain any threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
By reviewing or using the Posted Information, you represent and warrant:
a) That you will only use it for lawful purposes;
b) That your use will not violate or constitute the infringement of the Intellectual Property Rights of FISHNET or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and
c) That your use will not constitute an unlawful, threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.
SECTION 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
For avoidance of doubt, please note that the term "Site" as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.
We do not guarantee continuous, uninterrupted or secure access to our Site and Services.
Except as provided by law, we provide our Site and Services "as is" and without any warranty or condition, express or implied. To the maximum extent permitted by law, we specifically disclaim the implied warranties of title, merchantability and fitness for a particular purpose.
We accept no responsibility for any errors, omissions or viruses contained on this Site or for the accuracy, suitability or otherwise of information on our Site. Furthermore, we accept no responsibility for any links on this Site to webpages not controlled, associated or affiliated with us.
We will not be liable for any loss or damage you suffer or liability you incur arising out of or in connection with the use of this Site or the Services or the information contained in it, including lost profits or any special, incidental or consequential damages (however arising, including negligence).
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):
(a) in the case of goods, any one or more of the following:
· the replacement of the goods or supply of equivalent goods;
· the repair of the goods;
· the payment of the costs of replacing the goods or of acquiring equivalent goods; or
· the payment of the costs of having the goods repaired; and
(b) in the case of services:
· supply of the services again; or
· the payment of the cost of having the services supplied again.
This User Agreement is not intended to limit or exclude any liability on our part, where and to the extent that applicable law prohibits the exclusion or limitation.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and us by this User Agreement.
Fishnet.com.au Pty Ltd ACN 092 756 708 is the site owner and operator.