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Managing Director:
Heath Kirby-Miller
Phone:
9653 9341
Email:
heath @
coffeenewsvic.com.au
Postal Address:
PO Box 4490,
Hoppers Crossing DC, Hoppers Crossing,
Victoria, 3029
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Legal: Terms of Use |
AGREEMENT BETWEEN USER AND Coffee News
The Coffee News Web Site is comprised of various Web pages
operated by Coffee News.
The Coffee News Web Site is offered to you conditioned on
your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the
Coffee News Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Coffee News reserves the right to change the terms,
conditions, and notices under which the Coffee News Web Site
is offered, including but not limited to the charges
associated with the use of the Coffee News Web Site.
LINKS TO THIRD PARTY SITES
The Coffee News Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the
control of Coffee News and Coffee News is not responsible
for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Coffee News is not
responsible for web casting or any other form of transmission
received from any Linked Site. Coffee News is providing
these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Coffee News of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Coffee News Web Site, you
warrant to Coffee News that you will not use the Coffee News
Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the
Coffee News Web Site in any manner which could damage,
disable, overburden, or impair the Coffee News Web Site or
interfere with any other party's use and enjoyment of the
Coffee News Web Site. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available or provided for through the
Coffee News Web Sites.
USE OF COMMUNICATION SERVICES
The Coffee News Web Site may contain bulletin board
services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or
communication facilities designed to enable you to
communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use
the Communication Services only to post, send and receive
messages and material that are proper and related to the
particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software or programs that may
damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or
labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication
Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
- Violate any applicable laws or regulations.
Coffee News has no obligation to monitor the Communication
Services. However, Coffee News reserves the right to review
materials posted to a Communication Service and to remove
any materials in its sole discretion. Coffee News reserves
the right to terminate your access to any or all of the
Communication Services at any time without notice for any
reason whatsoever.
Coffee News reserves the right at all times to disclose any
information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or
materials, in whole or in part, in Coffee News's sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in
any Communication Service. Coffee News does not control or
endorse the content, messages or information found in any
Communication Service and, therefore, Coffee News
specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and
hosts are not authorized Coffee News spokespersons, and
their views do not necessarily reflect those of Coffee News.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO Coffee News OR
POSTED AT ANY Coffee News WEB SITE
Coffee News does not claim ownership of the materials you
provide to Coffee News (including feedback and suggestions)
or post, upload, input or submit to any Coffee News Web Site
or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Coffee News, its
affiliated companies and necessary franchisees permission
to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Coffee News is under no
obligation to post or use any Submission you may provide and
may remove any Submission at any time in Coffee News's sole
discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as
described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER
The
information, software, products and services included in or
available
through the Coffee News web site may include inaccuracies or
typographical errors. Changes are periodically added to the
information
herein. Coffee News and/or it's suppliers may make
improvements
and/or changes in the Coffee News web site at any time.
Advice
received via the Coffee News web site should not be relied
upon
for personal, medical, legal or financial decisions and you
should
consult an appropriate professional for specific advice
tailored to your
situation.
Coffee News and/or it's suppliers make no representations
about the
suitability, reliability, availability, timeliness and
accuracy of the information, software, products, services
and related graphics contained
on the Coffee News web site for any purpose. To the maximum
extent
permitted by applicable law, all such information, software,
products,
services and related graphics are provided "as is" without
warranty or
condition of any kind. Coffee News and/or it's suppliers
hereby disclaim
all warranties and conditions with regard to this
information, software,
products, services and related graphics, including all
implied warranties or
conditions of merchantability, fitness for a particular
purpose, title and
non-infringement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL Coffee News AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE Coffee News WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE Coffee News WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Coffee News WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE Coffee News WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Coffee News OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE Coffee News WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Coffee News WEB
SITE.
SERVICE CONTACT : heath@coffeenewsvic.com.au
TERMINATION/ACCESS RESTRICTION
Coffee News reserves the right, in its sole discretion, to
terminate your access to the Coffee News Web Site and the
related services or any portion thereof at any time, without
notice.
To the maximum extent permitted by law, this
agreement is governed by the laws of the State of
Victoria, Australia and you hereby consent to the exclusive
jurisdiction and venue of courts in Melbourne, Victoria,
Australia, in all disputes arising out of or relating to the use
of the Coffee News Web Site. Use of the Coffee News Web Site
is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that
no joint venture, partnership, employment, or agency
relationship exists between you and Coffee News as a result
of this agreement or use of the Coffee News Web Site. Coffee
News's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this
agreement is in derogation of Coffee News's right to comply
with governmental, court and law enforcement requests or
requirements relating to your use of the Coffee News Web
Site or information provided to or gathered by Coffee News
with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and Coffee News with
respect to the Coffee News Web Site and it supersedes all
prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
Coffee News with respect to the Coffee News Web Site. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same
conditions as other business documents and records
originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Coffee News Web Site are: Copyright 2008
© Coffee News Victoria and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
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To find out more about
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