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PLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS INTERNET SITE
These Terms of Use describe the terms and conditions under which
you, the user, are granted the right to use the Internet sites
operated by (referred herein as
“Future Corporation”) and of certain Future Corporation Affiliates,
including this Internet site (“Internet site”);
USE OF SOFTWARE
The Software products and accompanying documentation that are made available
to download from this Internet site are the copyrighted work of
Future Corporation, its Affiliates and/or its Suppliers, see our
Copyright notice. Use of the
Software is governed by the terms of the
Software License Agreement,
which accompanies or is included with such Software. You will not be
able to download or install any Software that is accompanied by or
includes a Software License Agreement unless you agree to the terms
of such Software License Agreement. If you do not agree to these
terms, you are not authorized or permitted to use the Software or
any related services from this Internet site;
USER AGREEMENT
BY USING THIS INTERNET SITE YOU REPRESENT YOU ARE NOT UNDER THE AGE
OF 13 AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY
SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE
INTERNET SITES;
Your use of this Internet site is contingent on this
agreement, and if you do not agree, you must cease using this
Internet site. Your electronic acceptance of these Terms of Use and
other posted policies through your use of this Internet site shall
have the same force and effect as if you had actually signed an
agreement embodying these terms. Future Corporation may change these
Terms of Use at any time by posting changes on this page of the
Internet site. It is your responsibility to review these Terms of
Use prior to each use of the Internet site. By continuing to use the
Internet site, you agree to any such changes;
In
addition, you agree to
be responsible for your Internet service provider fees, telecommunications and all
other charges that may apply as a result of using this Internet site and the
downloading of any associated materials thereof;
INTERNET SITE AND CONTENT
Internet Site Availability
We may change, suspend or discontinue availability of any aspect of
the Internet site at any time. We may also impose limits,
registration requirements or fees on certain features or services or
restrict your access to parts or the entire Internet site without
notice or liability;
In addition, the Internet site contains links to other Internet
sites, resources, and sponsors, partners or advertisers on the
Internet site. We are not responsible or in any way liable for the
availability of these outside resources, or their contents, and
accordingly, you should direct any concerns regarding any link or
other Internet site to the site administrator or webmaster of such
site;
Links/Advertisements/Search Engines
This Internet site may link to other sites operated by third parties
which may include our partners. The inclusion of any link to such
sites does not imply endorsement or recommendation by the Internet
site, or by Future Corporation, its Affiliates, its Suppliers or its
Authorized Dealers of these sites, but is for your reference and
convenience only. We are not responsible for the content or accuracy
of any off-site pages or any other sites linked to the Internet site
or their suitability or legality in Australia or your Country.
Linking to any other off-site pages or other sites is at your own
risk and subject to the terms and conditions of use of those sites;
This Internet site may contain advertisements by third parties.
Unless otherwise specifically stated on the Internet site, we do not
endorse or make any representation or recommendation regarding the
quality, or accuracy of any products or services featured in, or
linked to any advertisement that may appear on this Internet site;
Unless otherwise prohibited under these Terms of Use or under
Linking & Permissions, you are
permitted to create hyperlinks to the content on the Internet site
(including deep linking to articles or pages within the Internet
site), provided that (i) you acknowledge and agree to the
guidelines, terms and conditions as set forth under
Linking & Permissions; and (ii) the hyperlink text accurately describes the
content as it appears on the Internet site; and (iii) no scraping or
procurement of the content by any means (i.e. extracting content
from the Internet site and reformatting it, aggregating it with
other content or redistributing it other than in its complete
originally displayed format); and (iv) under no circumstances may
you “frame” this Internet site or any of its content or copy
portions of the Internet site to a server, except as part of an
Internet service provider’s incidental caching of pages; and (v)
each page within the Internet site must be displayed in full
(including all trademarks, branding, advertising and promotional
materials), unaltered without any accompanying frame, border,
margin, design, branding, trademark, advertising or promotional
materials not originally displayed on the page within the Internet
site. We reserve the right at any time in our absolute discretion to
revoke this permission generally, or your right to use specific
links. If you have any questions regarding these linking policies
you may contact us, or if you wish to link in a manner not
authorized in these Terms of Use, you must get our prior written
permission (see Contact Us below);
Currency
Unless
expressly stated otherwise all prices, fees and charges listed in
and throughout this Internet site is in United States Dollars
("USD"); and all foreign currency conversions are calculated at
http://www.xe.com;
No Advice
The
content on this Site is provided for general guidance and is not
intended to be advice. You should seek professional advice and
assistance before you take any commercial decisions or actions;
No Representations or Warranties
Future Corporation, its Affiliates, its Suppliers and/or its Authorized
Dealers make no representations or warranties as to the validity,
truthfulness, accuracy or legality of any content on the Internet
site, including without limitation any content submitted by any user
(see Legal Terms below);
Errors and Omissions Excluded ("E&OE")
Any and
all content including but not limited to: information, prices,
links, forms and other materials (i) contained in; and (ii) forming
part; and/or (iii) downloadable from this Internet site
(collectively the "content") may change and although Future
Corporation makes every effort to keep such content on this Internet
site up to date and accurate, it may contain errors and/or have
omissions and Future Corporation hereby disclaims any liability or
responsibility to you, other or third party for such errors and/or
omissions of such content of, or related to, this Internet site;
USER CREATED CONTENT
Submissions
You must be at least 13 years old to contribute content to this
Internet site. By submitting any material (text, photos, lessons,
videos or other content) to Future Corporation either through the
Internet site or physical delivery, you agree to be bound by these
Terms of Use, and to the terms of any
Software License Agreement
you
have with Future Corporation or its Affiliates, its Suppliers or its
Authorized Dealers. Such License terms are available through this
Internet site, each Software program’s Internet site and on the disc
or download that the Software was supplied with and may be updated
at any time. It is your responsibility to review and understand
these terms at the time of your submission;
Through your submission of any materials of any kind (whether text,
photos, lessons, video or other content) and to the extent permitted
by law you grant to Future
Corporation and its Affiliates the irrevocable, nonexclusive,
worldwide, royalty-free, fully paid-up, transferable and sub
licensable right and license to host, index, cache, tag, encode,
use, copy, modify, adapt, transmit, excerpt, remove, publish,
distribute, publicly display and perform, and create derivative
works of, in each case in any media now or hereafter known and in
any manner for any non-commercial or commercial purpose
(collectively “Use”) the content submitted by you with no monetary
or other compensation at any time. By making any submission, you
waive any moral rights you may have if the materials are changed in
a manner not agreeable to you. Future Corporation has no obligation
to provide attribution for any content you post. If you do not agree
to these terms, do not submit any content;
Nothing in these Terms of Use prohibits you from redistributing or
selling your original content to other parties;
You are solely responsible for all content that you post, email or
otherwise make available through the Internet site. For all content
provided by you, you agree to indemnify Future Corporation Media and
its affiliates as provided in Legal Terms below;
Content Submission Rules and Restrictions
By submitting any content, you represent and warrant that: (i) you
either own the content or have all necessary rights to use and
submit it; and (ii) all information you provide is true, accurate
and complete, and does not violate these Terms of Use or the terms
of any third party license; and (iii) the content will not cause
injury, embarrassment, loss or harm to any person or entity;
You agree not to submit any content in any forums, chats, emails or
otherwise that:
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is libelous, defamatory, obscene,
pornographic, or otherwise illegal; |
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is threatening, abusive or disruptive to
other users (including without limitation repetitive,
meaningless messages, personal attacks, content constituting
spam, etc.); |
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abuses or discriminates on the basis of
race, religion, nationality, gender, sexual orientation,
age, region, disability, etc.; |
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infringes any party’s intellectual
property rights, including without limitation copyrights and
trademarks; |
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impersonates another person or misquotes
another person; |
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violates any applicable law, or violates
any party’s rights; or, |
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offers or advertises any goods, or
services or solicits any funds or consideration; |
In addition, you agree not to contact any users of the Internet site
(including through off-line communication) for the purpose of
threatening, harassing or abusing them due to their content
submissions on this Internet site;
You are solely responsible for the content you submit. Future
Corporation does not and cannot review every submission made and is
not responsible for the content of any submissions. However, content
that is deemed inappropriate or in violation of these Terms of Use,
in Future Corporation’s absolute discretion, will be removed from
public view. You may contact us if you disagree with any removal
(see Contact Us below); however, all decisions regarding content and
compliance with these Terms of Use will be determined by Future
Corporation in its absolute discretion. If you disagree with these
conditions, do not submit any content;
Identity and Privacy
You must use a consistent handle or account name for any submissions
you make, and you may not submit content under another person’s name
or by proxy. If you are an elected official, you must submit content
identifying yourself as such when posting about a political issue.
Sock puppets are not permitted (i.e., using a fake or alternate
identity to post content for a deceptive purpose, such as without
limitation, praising a person or company without disclosing an
underlying affiliation with that person or company);
We reserve the right to include your real name on your internet
postings if required through registration or otherwise provided to
us, or when republishing your material in a printed edition of one
of our publications;
Future Corporation does not warrant or claim to have verified the
identity of any user. There may be users who participate under a
false identity and Future Corporation shall not be held responsible
or liable by you or any third party for any reliance placed upon or
expected thereof the true identity of any user;
For information on our privacy policies regarding personal
information gathered on the Internet site, please see our Privacy
Policy link at the bottom of the page;
Face-to-Face (Live) Meetings
This Internet site may offer some social networking opportunities,
including enabling users to create profiles that are designed to
allow individuals to meet each other for any purpose. In addition,
any posting to the Internet site will be publicly viewable, and your
identity may be discovered by other users. We cannot vouch for the
safety of offline meetings of individuals you meet through the
Internet site, and such meetings are held at your sole risk and
liability. Furthermore, you are advised to be careful not to
accidentally divulge personally identifying information about
yourself, including but not limited to your telephone number(s),
street addresses, URLs or email addresses publicly on the Internet
site. If you do provide this information on the Internet site or to
a third party who you met through the Internet site, it is at your
sole risk and absolute liability. In addition, if you choose to submit content to the
Internet site in an area that requires that your real identity be
disclosed, you do so at your sole risk and liability;
INTERNET SITE REGISTRATION
Registration
Some areas of this Internet site may require registration in order
to gain access or submit content. You may not create more than one
account unless expressly permitted in the registration rules. If you
create multiple accounts, you are prohibited from creating the
appearance that multiple accounts controlled by you are in fact all
different individuals;
Termination
You agree that in our sole judgment and at our absolute discretion
that
we or our agent may terminate your account at any time with or
without cause;
Termination for cause may include, but is not limited to:
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violations of these Terms of Use; |
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violations of other posted rules of conduct; |
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violations of law or intellectual property rights; |
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harassment or belittling conduct toward individuals, companies or
other third parties; |
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an expression of your unwillingness to abide by these terms and
conditions or other clearly posted site rules; |
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failure to abide by the instructions for guidelines of forum
moderators, editors or other authorized members of the community to
provide such moderation; |
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failure to provide real, verifiable information about your true
identity where requested or instructed; |
Termination of a user’s account may include any of the following
actions:
(i) a complete deletion (non recoverable) from all files, databases
and any and all storage mechanism of the user’s files, uploads,
content, and personally identifiable information. In such a case,
neither Future Corporation nor its Affiliates, Suppliers and/or
Authorized Dealers have any obligation to retrieve or restore
deleted data, or otherwise make good in any fashion the loss of such
data; or,
(ii) user data, including without limitation submitted content,
errant code or personal information, may also be hidden from public
view, but not destroyed. In such a case, neither Future Corporation
nor its Affiliates, Suppliers and/or Authorized Dealers are under
any obligation to retrieve or restore such data;
Users who are terminated are prohibited from creating new accounts
without prior written consent of Future Corporation. Users who are
terminated for cause may apply for a new account after more than 30
days has passed, and Future Corporation will determine in its
absolute discretion whether to reinstate. Users may also appeal
account termination by writing to:
Webmaster
When applying for a new account, or appealing a termination
decision, please include print outs of all relevant data, emails,
postings, including the domain name where the primary account was
held and the date the account was terminated. Once your termination
is under review, all subsequent communication will be through email,
so please be sure to include a current and working email address
with your correspondence. You acknowledge and agree that Future
Corporation will make the final determination in its absolute
discretion as to any terminated account, or reapplication for a new
account after termination and that this represents your sole and
exclusive remedy for any terminated account;
LEGAL TERMS
NO REPRESENTATIONS OR WARRANTIES AS TO INTERNET SITE
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, ALL
CONTENT, INFORMATION, SERVICES AND SOFTWARE ON THIS INTERNET SITE IS
PROVIDED BY FUTURE CORPORATION, OR ITS AFFILIATES ON AN “AS-IS”
BASIS. FUTURE CORPORATION AND ITS AFFILIATES MAKE NO REPRESENTATIONS
OR WARRANTIES THAT (I) OPERATION OF THIS INTERNET SITE (DATA OR
SERVICES AND/OR ANY PRODUCTS OBTAINED FROM THE INTERNET SITE) WILL
BE UNINTERRUPTED OR ERROR FREE; OR (II) THAT DEFECTS WILL BE
CORRECTED, OR (III) THAT ANY FUTURE CORPORATION INTERNET SITE OR THE
SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; AND (IV) DO NOT PROVIDE ANY WARRANTY AS TO
THE USE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
SUFFICIENCY OR ACCURACY OF ANY CONTENT, INFORMATION OR SERVICE
(INCLUDING BUT NOT LIMITED TO TECHNICAL SUPPORT, CUSTOMER SERVICE,
REGISTRATIONS, INTERNET FORMS, KNOWLEDGEBASE OR ANY USER FORUMS).
FUTURE CORPORATION AND ITS AFFILIATES DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE INTERNET SITE OR
ANY OF THE SERVICES PROVIDED THEREFROM. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF USING THIS INTERNET SITE AND ANY AND ALL
SERVICES THEREOF IS ASSUMED BY YOU. ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO THE INTERNET SITE
AND THE SERVICES PROVIDED THEREFROM BY FUTURE CORPORATION AND ITS
AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM,
EQUITY, COURSE OF DEALING, USAGE, PRIOR ORAL OR WRITTEN STATEMENTS
BY FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS AND/OR ITS
AUTHORIZED DEALERS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, INTEGRATION, SECURITY, QUIET
ENJOYMENT, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) ARE HEREBY
OVERRIDDEN, EXCLUDED AND DISCLAIMED;
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FUTURE CORPORATION, ITS AFFILIATES, ITS
SUPPLIERS OR ITS AUTHORIZED DEALERS (OR THEIR DIRECTORS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR AGENTS), BE LIABLE TO YOU OR ANY OTHER PERSON,
THIRD PARTY OR
ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, SPECIAL OR
CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, LOSS OF PRODUCTION,
LOSS OF DATA, LOSS OF GOODWILL OR CREDIT, LOSS OF REPUTATION, LOSS
OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, OR WHICH CONSISTS OF A
CLAIM FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF
ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STATUTE OR OTHERWISE, THAT RESULT FROM (I) THE USE OF,
OR THE INABILITY TO USE, ANY FUTURE CORPORATION INTERNET SITE, OR
INTERNET SERVICE (INCLUDING BUT NOT LIMITED TO TECHNICAL SUPPORT,
CUSTOMER SERVICE, REGISTRATIONS, INTERNET FORMS, KNOWLEDGEBASE OR
ANY USER FORUMS) OR CONTENT, OR (II) THE CONDUCT OR ACTIONS, WHETHER
ONLINE OR OFFLINE, OF ANY USER OF A FUTURE CORPORATION INTERNET SITE
OR ANY OTHER PERSON OR ENTITY, EVEN IF FUTURE CORPORATION, ITS
AFFILIATES, ITS SUPPLIERS AND/OR ITS AUTHORIZED DEALERS AND/OR A
FUTURE CORPORATION REPRESENTATIVE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE EXCEED
THE AMOUNT PAID BY YOU, IF ANY, OR AUD$100 (WHICHEVER IS LESS) FOR
ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY FUTURE
CORPORATION INTERNET SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL
FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED
DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS), BE
HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND
FUTURE CORPORATION, ITS AFFILIATES, ITS SUPPLIERS OR ITS AUTHORIZED
DEALERS (OR THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR AGENTS)
REASONABLE CONTROL;
FUTURE CORPORATION OR ITS AFFILIATES MAY TERMINATE YOUR FURTHER
ACCESS TO FUTURE CORPORATION INTERNET SITES OR CHANGE THE FUTURE
CORPORATION INTERNET SITES OR DELETE CONTENT OR FEATURES IN ANY WAY,
AT ANY TIME AND FOR ANY REASON OR NO REASON;
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND
ELSEWHERE IN THESE TERMS OF USE APPLY ONLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW;
IF YOU DO NOT ACCEPT THE FOREGOING LEGAL TERMS DO NOT USE THIS OR
ANY FUTURE CORPORATION INTERNET SITE. INSTEAD CONTACT FUTURE
CORPORATION (SEE CONTACT US BELOW);
Indemnity
You agree at your expense to indemnify and hold harmless, Future
Corporation and its Affiliates and each of their respective
partners, suppliers, authorized dealers, licensors, officers,
directors, shareholders, employees, representatives, contractors,
subcontractors and
agents, from any and all claims, suits, actions and investigations,
and any costs, expenses, liabilities or damages therefrom (including
attorney/solicitor fees and court costs) arising from or relating to
any allegation regarding: (a) your use of the Internet site; (b) the
Internet site’s or Future Corporation or its Affiliate’s use of any
content or information you provide, as long as our use is not
inconsistent with these Terms of Use; (c) information or material
posted or transmitted through your registration account or user ID,
even if not posted by you; and (d) any violation of these Terms of
Use by you (collectively Claims);
Future Corporation reserves the right to select counsel and conduct
the defence or settlement of any such Claim, which shall not relieve
you of your obligation to indemnify as provided above;
Governing Law and Venue
The agreement regarding these Terms of Use has been made in and
shall be construed and enforced in accordance with Victorian State,
and only to the extent applicable Australian Commonwealth law,
without regard to its principles of the “conflict of laws” or
“private international law”. Any action to enforce this agreement
shall be brought in the federal or state courts located in Melbourne
in the state of Victoria in Australia, and you hereby waive any
objections to such action. You acknowledge and agree that neither
will Future Corporation, its Affiliates, and/or its Authorized
Dealers, or will you, bring a legal action under these Terms of Use
more than: (i) six (6) years after the cause of action in tort or
breach of contract arose; or (ii) more than three (3) years after
the cause of action for personal injury arose; or (iii) more than
one (1) year after the cause of action for defamation arose as
legislated in Victoria under the Limitation of Actions Act;
Severability
If any provision of these Terms of Use is found to be invalid by any
court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions
of these Terms of Use, which shall remain in full force and effect
to give the maximum effect to the intent of the parties;
Waiver
No waiver of these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or any other term or
condition;
Copyright Violations
Users are prohibited from uploading, posting or otherwise
transmitting on the Internet site any materials that violate another
party's intellectual property rights. When we receive proper
notification of alleged copyright infringement, we promptly remove
or disable access to the allegedly infringing material and terminate
the accounts of repeat infringers in accordance with the Copyright
Act. If you believe that any material on the Internet site infringes
upon any copyright which you own or control, please notify us at
legal@iifuture.com (Please direct all general questions to
webmaster@iifuture.com);
CONTACT US
General Questions:
If you have any questions about these Terms of Use, please contact
us in one of the following ways:
(i)
Email us at:
webmaster@iifuture.com
(ii)
Write to us at:
Legal Dept.
Last revised .
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