User Agreement
This website is set up as a resource and quick reference guide. This Website, its content and services are owned and operated by Kids on the spectrum and are subject to modification, change, renewal or termination at any time, for any reason and without prior notice or obligation to you. Use of this site is governed by the terms and conditions of this User Agreement. By accessing this Website and utilising the facilities it offers, you confirm that you have read, understood and agreed to be bound by the terms and conditions of this User Agreement, as amended from time to time without notice to you. You are advised to review this User Agreement regularly in order to keep up to date with the changes made to it. If you do not agree, you should immediately exit and cease accessing this Website and/or any of the services it provides.
LIMITATIONS ON USE AND COPYRIGHT
All information, materials and content whatsoever on this Website is the property of Kids on the spectrum, its advertisers, suppliers and/or third parties, including all designs, concepts, logos, images, graphics, animation, audio and/or video clips, and is protected by copyright under Australian law and the laws of such other countries as may be applicable.
Unless stated otherwise, the copyright is owned by Kids on the spectrum, which reserves all rights. Nothing in this agreement may be construed as conferring any licence or right under any patent, copyright or trademark owned by Shipmate, its advertisers, suppliers or any third party
You may access this Website for personal use only, provided that you ensure that all copies of content from this Website retain any copyright or intellectual property notices contained in the original material. You may not modify any content displayed on or obtained from this Website, and you may not distribute, exchange, transmit, sell or benefit commercially in any way whatsoever from anything obtained or downloaded from this Website without the specific written authority of Kids on the spectrum. You may not use this Website, its services or content in any way that may be injurious to or cause damage, interference and/or nuisance to Kids on the spectrum or any other third party. Unauthorised use of the Website services or the materials and/or content from this Website constitute a violation of this User Agreement and may render you liable to criminal prosecution and/or civil action, including without limitation proceedings under laws governing the protection of intellectual property and/or privacy.
THIRD PARTIES AND LINKS TO THIRD PARTY SITES
Kids on the spectrum shall not be liable for any reliance placed by you or any other person upon any statements made by or in respect of suppliers, advertisers or any third parties whether posted on this Website, in advertisements placed on this Website or on any website which may be linked to or accessed from the Website. Advertisers, suppliers and third parties bear sole responsibility for their advertisements and content. You are advised to make your own independent inquiries about advertisers, suppliers and third parties referred to in this Website. Kids on the spectrum disclaims all and any warranty, liability and/or responsibility for any goods, services, information and/or advice obtained through, posted on and/or advertised on this Website.
Any links to third party sites are provided solely for your convenience, may not be current or maintained, and shall not be deemed or construed as any endorsement by Kids on the spectrum of its content or the accuracy thereof. Kids on the Spectrum disclaims all and any warranty, liability and/or responsibility for the condition and/or content of any third party websites which may be linked to or accessed from this Website. Third party sites are entirely independent and Kids on the spectrum, is not responsible for their content, any changes, modification or termination thereof or the control of their operation, including collection of personal data or information (if any) by the website owners and/or operators.
USER DATA, POSTING AND USE OF WEBSITE SERVICES
By communicating any feedback, materials, information, ideas, techniques and/or know-how to Kids on the spectrum whether directly or indirectly and whether in the form of letters, surveys, questionnaires, comments, suggestions, data, diagrams, plans, designs, concepts, logos, images, graphics, animation, audio and/or video clips or from information derived from your use of this Website and the information, goods and/or services sought by you from this Website (“User Submission”), you shall be deemed to grant irrevocably to Kids on the spectrum of your own free will and with prior knowledge, a perpetual non-exclusive, non-confidential, non-proprietary, royalty-free worldwide licence to apply, adapt, publicly display, perform, distribute, disclose to any party, edit, modify, reproduce, translate, reformat and otherwise use the whole or any component part of the User Data for any purpose and for such period as it deems fit, including the right to sub licence these rights. You warrant that you have the ability to grant such a licence to Kids on the Spectrum, and that Kids on the spectrum shall owe you no payment or other obligations whatsoever in respect of its utilisation of the User Data and any benefit it derives therefrom.
Where any part of this Website or the services it offers allow you to post messages, send email or otherwise submit materials for publication, you are absolutely prohibited from posting and/or submitting, transmitting and/or emailing any material which may be obscene, pornographic, offensive, discriminatory, libelous, false, defamatory, threatening, which may be racially, ethnically, religiously objectionable, which may be an incitement to gender hatred, which may result in harm to minors, which may infringe any third party contractual or intellectual property rights, which may breach any terms of confidentiality, or which may violate any applicable law or regulation. You are also prohibited from collecting or storing information about other users, using this Website or its services to transmit, whether directly or indirectly, any unsolicited bulk email, commercial email including promotional materials, contests, advertisements, surveys and/or any form of solicitation, chain letters, junk mail or “Spam”, material containing software viruses, Trojan Horses, worms or other computer code which may damage, expropriate or interfere with any computer system, data or information.
Kids on the spectrum may, but is under no obligation to, monitor, review, edit, refuse or remove any material posted on this Website or transmitted through its services, and it does not warrant that it will do so although it reserves the right to take all such action as it deems necessary to protect this Website, its contents and services. Kids on the spectrum disclaims all liability and responsibility for the information and opinions expressed by users or third parties on this Website or through its services.
LIMITATION OF LIABILITY AND DISCLAIMER
You acknowledge that accessing this Website and/or its services and/or downloading any content or material from this Website and/or any linked third party website is done solely at your own risk, that you shall take your own security measures in that respect and that Kids on the spectrum, its advertisers and/or any other third party shall not be liable or bear any responsibility to you for any resulting claims, costs, loss and/or damage arising from such access and/or download, including without limitation any damage to computer equipment, software, hardware, corruption and/or loss of data.
Kids on the Spectrum does not guarantee continuous, uninterrupted or secure access to this Website or its services, materials, information and products, which are all provided “as is,” without any warranty or condition whatsoever. Shipmate disclaims to the fullest extent permissible by law all express, implied and statutory warranties, including without limitation, warranties of merchant ability, fitness, non-infringement of proprietary rights, security, timeliness and performance.
Kids on the spectrum also disclaims all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability of the content on this Website, for any errors or omissions therein and for any costs claims loss or damage suffered by any user or third party arising from any user’s use, misuse, inability to use or reliance upon this Website, the service it offers or the information it provides or breach by any user of its duties and obligations under the terms of this Agreement.
INDEMNITY
You shall indemnify and hold harmless Kids on the spectrum, its officers, agents, advertisers, suppliers and related third parties from and against all costs, claims, loss and damage incurred by or made against them arising from your use of this Website and its services or from any breach by you of the terms of this User Agreement.
GENERAL
This User Agreement does not create any relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee between you and Kids on the Spectrum.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Victoria , Australia .
In the event that any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions will be enforced as if the severed portion had not formed a part thereof.
Paragraph headings are provided for ease of reference only and shall not be construed as to define, limit or prescribe the scope of the relevant provision.
Any indulgence granted by kids on the spectrum or delay in enforcing its rights under this Agreement will not constitute or be construed as a waiver of its right to act in respect of that and subsequent or similar breaches.
The rights and remedies granted under this User Agreement shall be cumulative and in addition to all rights available to the parties under the law.
This User Agreement shall constitute the entire agreement between you and Kids on the spectrum with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
