TERMS OF USE
Please
read carefully
If you disagree with any of the terms of use below, do not use this site.
Serious Entertainment Pty. Limited. ("SE") operates this site
(the "Site") for your personal entertainment, information, education,
and communication. Your access to and use of the Site is subject to the
following terms of use (the "Terms") and all applicable laws.
By accessing and browsing the Site, you accept, without limitation or
qualification, the Terms and acknowledge that any other agreements, whether
oral or in writing, between you and SE regarding the subject matter hereof
are superseded and of no force or effect.
1. You may download one copy of material displayed on the Site for non-commercial,
personal use only provided you also retain all copyright and other proprietary
notices contained on the materials. You may not, however, distribute,
publicly display, modify, transmit, reuse, repost, or use for public or
commercial purposes the content of the Site, including the text, images,
audio, and video without SE's prior written permission and the permission
of the relevant copyright, trade mark or other right holder, if any.
2. You should assume that everything you see or hear or read on the Site
(including, but not limited to, text, images, audio and video) is copyrighted
(unless otherwise noted) and may not be used, except as provided in these
Terms or in the text on the Site, without the prior written permission
of SE and the relevant copyright, trade mark or other right holder, if
any. SE neither warrants nor represents that your use of materials displayed
on the Site will not infringe the rights of third parties not owned by
or affiliated with SE.
3. SE makes no warranties or representations as to the accuracy or completeness
of the information in the Site. SE assumes no liability or responsibility
for any errors or omissions in the content of the Site. The information
in the Site may be out of date, and SE makes no commitment to update such
information. Documents and other information available on the Site may
be subject to further disclaimers contained therein as to their accuracy
and reliability.
4. Your use of and browsing in the Site are at your risk. Under no circumstances,
including but not limited to negligence, shall SE or any other party involved
in creating, producing, or delivering the Site be liable for any damages
whatsoever (including, without limitation, any direct, incidental, consequential,
indirect, or punitive damages) arising out of your access to, use of,
or inability to access or use the Site, even if SE or a SE authorized
representative has been advised of the possibility of such damages. Without
limiting the foregoing, everything on the Site is provided to you "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for any restrictions
or limitations regarding the exclusion of implied warranties.
The liability of SE for any breach of any implied warranty or condition conferred by the Trade Practices Act, 1974 (Cth), or any similar State or Territory legislation in Australia, which cannot be excluded, is limited to any one or more of the following as determined by SE in its sole discretion:
(a) in the case of goods:
(i) the replacement or repair of the goods or the supply of equivalent goods; or
(ii) the payment of the cost of replacing the goods or acquiring equivalent goods or repairing the goods; and
(b) in the case of services:
(i) the supply of the services; or
(ii) the payment of the cost of having the services supplied again.
SE assumes no responsibility,
and shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access to,
use of, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site. Your sole remedy for
dissatisfaction
with or damage sustained from the Site is to stop using the Site.
5. Any communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments, suggestions,
or the like is, and will be treated as, nonconfidential and non-proprietary.
Anything you transmit or post may be used by SE or its related bodies
corporate (as that expresion is defined under the Corporations Law) at
no cost to SE or any licensee of SE, throughout the Universe in perpetuity
for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Without limitation to
the foregoing, SE is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing
products using such information.
6. Images of people or places displayed on the Site are protected by copyright.
The use of these images by you, or anyone else authorized by you, is prohibited
unless specifically permitted by these Terms or specific permission provided
elsewhere on the Site. Any unauthorized use of the images may violate
copyright laws, trade mark laws, the laws of privacy and publicity, and
communications regulations and statutes and industry codes of conduct
or practice.
7. The trade marks, logos, service marks and domain name(s) including
without limitation 'yahooserious.com', (collectively the "Trade marks")
displayed on the Site are registered and unregistered Trade marks of SE
and others. Nothing contained on the Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any
Trade mark displayed on the Site without the written permission of SE
or such third party that may own the Trade marks displayed on the Site.
Your misuse of the Trade marks displayed on the Site, or any other content
on the Site, except as provided in these Terms, is strictly prohibited.
You are also advised that SE will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking
of criminal prosecution.
8. SE has not reviewed all of the sites linked to the Site and is not
responsible for the content of any linked sites or any link contained
in a linked site or any changes or updates to such sites (collectively,
"Linked Sites"). SE does not endorse or make any representations
regarding any Linked Sites. Your linking to any Linked Sites is at your
own risk.
9. Although SE may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards, and the like on the Site, SE
is under no obligation to do so and assumes no responsibility or liability
arising from the content of any such locations nor for any error, infringement,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information within such
locations on the Site. You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. SE will fully
cooperate with any law enforcement authorities or court order requesting
or directing SE to disclose the identity of anyone posting any such information
or materials. You must indemnify and hold SE, its related bodies corporate
(as that expression is defined under the Corporations Law) and their officers,
employees and agents harmless from and against all losses, damages, liabilities,
claims and expenses (including legal costs and expenses calculated on
a fully indemnity basis) arising from or incidental to any breach of this
agreement or any act or omission (including any negligence, unlawful conduct
or wilful misconduct) by you or any of your servants or agents arising
under the agreement or from your use of this Site.
10. The Site is controlled and operated by SE from its offices within
the State of New South Wales, Australia. SE makes no representation that
materials in the Site are appropriate for use in other locations. Those
who choose to access the Site from other locations do so at their own
risk and are responsible for compliance with any and all local laws, if
and to the extent local laws are applicable.
11. SE may at any time revise these Terms without notice by updating this
posting. You are bound by any such revisions and should therefore periodically
visit this page to review the then current Terms to which you are bound.
12. SE may terminate this agreement and revoke your authorization to use
the Site at any time without notice in SE’s sole discretion. Upon
termination, you are no longer authorised to access or use this Site and
you must immediately destroy any downloaded or printed materials. All
restrictions placed on you under this agreement, all licences granted
by you and all SE disclaimers and limitations of liability set out in
this agreement will survive termination or expiration of this agreement.
13. This agreement is entered into in the State of New South Wales, Australia
and shall be governed by and construed in accordance with the laws of
the State of New South Wales, Australia without giving effect to any principles
of conflicts of law. You hereby consent and submit to the personal jurisdiction
of the state and federal courts located in New South Wales, Australia
for the purposes of litigating any action at law or in equity arising
out of or relating to these Terms and agree not to commence any such action
against SE other than in such courts.
14. If any of the provisions of this agreement are held by a court or
a tribunal of competent jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary so that
this agreement shall otherwise remain in full force and effect. No waiver
by SE of any breach of default of this agreement will be deemed to be
a waiver of any preceding or subsequent breach or default. SE may assign,
sublicence or novate its rights and obligations under this agreement in
whole or in part to any third party. You are not permitted to assign,
sublicence or novate your rights and obligations under this agreement
without the prior written permission of SE and the relevant copyright,
trade mark or other right holder, if any. All rights not expressly granted
in this agreement are reserved to SE.
TM & © 2000 Serious Entertainment Pty. Limited
All Rights Reserved
Use of this site constitutes your
acceptance of these Terms of Use.
© Serious Entertainment Pty Ltd 2000. All rights reserved.
