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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site you signify your acceptance of these terms of use. If you do not agree to these terms of use please do not use the site. We reserve the right, to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly to ensure that you are aware of any changes. Your continued use of this site following the posting of changes to these terms (including the IT Vision Privacy Policy) will mean you accept any changes made to the site.

This site is intended to give you information, not specific advice. The law and regulations are different from place to place, and may be interpreted differently in different states or in different places. The information is of a general nature and no general information like the kind we provide can fit every circumstance, so you should consult our support services people to get specific advice for your problem.

IT Vision Australia Pty Ltd (IT Vision) is not responsible for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or unavailable or from any other use of the site. Your use of the site is at your own risk.

At IT Vision, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Technologies are rapidly changing as are the services that we provide to you. Therefore, these policies are subject to change and we will post any changes on this page. Please read on for more details about our privacy policy.

Disclaimer

The information found on this site does not constitute professional advice. It is intended to provide general information with respect to usage of our products and services. Links to other sites are listed for the user's convenience, and do not necessarily imply sponsorship, endorsement, or approval by IT Vision. IT Vision has no responsibility for the content found on the linked sites. This site may contain information constructed by third parties for which IT Vision assumes no responsibility. Your access to and use of this site is subject to additional Terms of Service.

The materials in this site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, IT Vision disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. IT Vision does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. IT Vision does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not IT Vision) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Content Linked to IT Vision

IT Vision encourages you to exercise discretion while browsing the Internet using this service. IT Vision is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the IT Vision site.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall IT Vision be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if IT Vision or a IT Vision authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall IT Vision's total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing this site.

Jurisdictional Issues

This site is controlled and operated by IT Vision from its offices within the State of Western Australia, Australia. IT Vision makes no representation that materials on the site are appropriate or available for use in other locations unless specifically stated. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all IT Vision site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms of service or otherwise. These terms will terminate immediately without notice from IT Vision if in IT Vision's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other IT Vision site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

Copyright - Restrictions on use of Materials

This site is operated by IT Vision and its affiliates, (collectively referred to as "IT Vision," "we," "us," or "our" herein). No material from IT Vision or any website owned, operated, licensed, or controlled by IT Vision may be copied, reproduced, republished, uploaded, reposted, transmitted, or distributed in any way. You may however, download one copy of the materials on any single computer for your personal use only. All copyright and other proprietary notices must be kept intact. Modification of the materials or use of the materials for any other purpose is a violation of IT Vision's copyright and other proprietary rights. The use of such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to IT Vision.

If you download software from the site, all software, including any files, images incorporated into or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by IT Vision. IT Vision does not transfer title to the Software to you. You own the medium on which the Software is recorded, but IT Vision retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

Submissions

IT Vision is pleased to hear from its loyal customers and web site members and welcomes your comments regarding IT Vision and IT Vision products.

While we do value your feedback on our services and products we request that you be specific in your comments about those services and products.

If at our request you send certain specific submissions (eg, postings to chat areas, bulletin boards, or contests) or, despite our request you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of IT Vision. None of the Submissions shall be subject to any obligation of confidence on the part of IT Vision. IT Vision shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, IT Vision shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Forum and Public Communications

"Forum" means a chat area, bulletin board, or email function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability, or violates any law.

The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other IT Vision web site members or guests to join or become members of any commercial online service or other organisation is expressly prohibited.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's email unless required in the course of normal maintenance of IT Vision and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on IT Vision; (2) protect and defend the rights or property of IT Vision; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Other

These terms shall be governed by and construed in accordance with the laws of the State of Western Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Western Australia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

oOo

Created by earl.ward
Last modified 19-Aug-2008 11:44 AM
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