TERMS OF USE POLICY
"Client" shall mean a sporting organisation that has subscribed to Levkin Pty. Ltd.’s Hosted Services or a business that has subscribed to Levkin Pty. Ltd.’s Advertising Services.
This ‘Terms Of Use Policy’ provides a general outline for Clients and visitors of this Web Site. Clients are bound by the terms of their signed Agreements and not by these terms, which are only a subset of the terms of the signed Agreement.
1. Client Content
1.1. Accuracy and Review of Client Content
Client assumes sole responsibility for:
(a) acquiring any authorisation(s) necessary for hypertext links to third party Web sites; and
(b) the accuracy of all materials provided to Levkin Pty. Ltd. or materials that Client has uploaded to the Web Site themselves, including, without limitation, Client Content, photographs, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and
(c) ensuring that the Client Content does not infringe or violate any right of any third party, including without limitation, intellectual property rights, privacy legislation and without violating any law.
1.2. Limitations on Client Content
Client shall provide or upload Client Content that does not contain any content or materials which are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third party right, or which otherwise expose Levkin Pty. Ltd. to civil or criminal liability. Levkin Pty. Ltd. or Levkin Pty. Ltd.’s Service provider shall not be liable for any content posted, opinions expressed, or actions taken by any of the users of Levkin Pty. Ltd.’s Hosted Services. "Levkin Pty. Ltd.’s Service provider" shall mean a third party web hosting service provider whom Levkin Pty. Ltd. has subscribed with to host Levkin Pty. Ltd.’s Hosted Services.
2. Warranties
Levkin Pty. Ltd. makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. Levkin Pty. Ltd. also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or due to errors or omissions of Client. Use of any information obtained by way of Levkin Pty. Ltd. is at your own risk, and Levkin Pty. Ltd. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Levkin Pty. Ltd. specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
3. Right to Service
1) Client will use the Levkin Pty. Ltd.’s Hosted Services in a manner consistent and compliant with any and all applicable laws of the State of Victoria and the Australian Federal Government.
2) Levkin Pty. Ltd. is not responsible for Client data, files, or directories residing on Levkin Pty. Ltd.'s or Levkin Pty. Ltd.’s service provider’s equipment. Client is solely responsible for maintaining data, files, and back-ups on their own equipment.
3) Since data transmission over the Internet may not be guaranteed as completely secure, Clients transmit information at their own risk, and any information transmitted by Levkin Pty. Ltd. is without warranty as to its security.
4. Potentially Tortuous or Illegal Conduct
The following shall be construed as violations of any Agreement and may result in suspension or deletion of a Client’s account or Termination of the Agreement.
1) Levkin Pty. Ltd. Services may only be used for lawful purposes. Transmission, distribution, posting, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, privacy legislation, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, scandalous, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: pirated software, hackers’ programs or archives, Warez, Game Mods or patches, Irc Bots, chat sites/servers, pornography and adult content, TGP, or any other file or media deemed by Levkin Pty. Ltd. to be illegal or for which Client does not have the legal right to use, post, or otherwise store on the Levkin Pty. Ltd.’s service provider’s servers.
2) Client will not restrict or inhibit the use of the Web Site by others.
3) Sending unsolicited email messages (“Spam”) from or through the Levkin Pty. Ltd.’s service provider’s servers, including, without limitation, commercial advertising or informational announcements, shall be prohibited. Levkin Pty. Ltd. reserves the right to terminate this Agreement and any other accounts under Client’s account if Levkin Pty. Ltd. determines that unsolicited mass email has occurred or if Levkin Pty. Ltd. receives complaints that unsolicited email messages have been sent from Client’s account.
4) Posting a newsgroup, forum, email mailing list or other similar group or posting material with the intent to engage in commercial advertising or informational announcements on the Web Site is prohibited.
5) Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through the Levkin Pty. Ltd.’s service provider’s server, or using the Levkin Pty. Ltd.’s service provider’s server as a mail drop for responses is prohibited.
6) Any unauthorized distribution or copying of copyrighted material, violations of Australian export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the authorized user’s community, state, province, or municipality is prohibited.
7) Falsifying any user information provided to Levkin Pty. Ltd. or to other users of the service in connection with the use of a Levkin Pty. Ltd. service is prohibited.
8) Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer is prohibited.
9) Client may use simple HTML formatting commands to format web page content but are NOT permitted to include code which inserts or links to applets, Javascripts, or any other programs.
10) Levkin Pty. Ltd. reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger the network of the Levkin Pty. Ltd.’s service provider, impact its Clients, or expose it to liability or tort.
11) Violations of system or network security are strictly prohibited, and may result in criminal or civil liability. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any Levkin Pty. Ltd. or the Levkin Pty. Ltd.’s service provider’s system, security, authentication measures, data or traffic; interference with service to any user, host or network, mail bombing, flooding, or attempts to overload a system or broadcast attacks. Client’s shall not engage in forging of any TCP-IP packet header, email headers, or any other information provided or passed through the Levkin Pty. Ltd.’s service provider’s systems or network at any time.
12) Client will not post, upload, transmit or publish any content that is Prohibited Content.
“Prohibited Content” means any content that:
1) is, or could reasonably be considered to be, in breach of the Broadcasting Services Act 1992 (as amended); the Trade Practices Act 1974 (Cth) (as amended); or any other applicable law or applicable industry code;
2) contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
3) is, or could reasonably be considered to be, in breach of any person’s intellectual property rights.
5. Consequences of Violation
If Levkin Pty. Ltd. becomes aware of an alleged violation of any of the terms contained in any of its Agreements, or any other policy that has been posted on its web site, made available to Client via email, or posted in any other form, Levkin Pty. Ltd. shall initiate an investigation. During the investigation, Levkin Pty. Ltd. may restrict Client access to Levkin Pty. Ltd. Services in order to prevent further possible unauthorized activity. Levkin Pty. Ltd. may, at its sole discretion, restrict, suspend, or terminate Client's account without notice or refund, or pursue civil remedies as it deems necessary. Levkin Pty. Ltd. shall notify the appropriate law enforcement department of any such violations. Levkin Pty. Ltd. shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.
Levkin Pty. Ltd. reserves the right at its sole discretion to refuse Hosted or Advertising services.
6. Disclaimers
1) Whilst Levkin Pty. Ltd. will try to ensure that the Web Site is accessible to users, it does not warrant that users or potential users will have continuous access to the Web Site. Services will be provided on an "as is, as available" basis. Levkin Pty. Ltd. will not be liable in the event that the Web Site or the Services provided by the Levkin Pty. Ltd. are unavailable to users or potential users due to:
a) any events caused by Levkin Pty. Ltd., whether negligent or not; or
b) any events beyond the control of Levkin Pty. Ltd., including but not limited to, hackers, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, viruses or programming faults or errors, or any other reason whatsoever.
2) Levkin Pty. Ltd. does not warrant or represent that:
a) any content posted, uploaded or otherwise transmitted to or from the Web Site has not been altered in transmission;
b) any content posted, uploaded or otherwise transmitted to or form the Web Site will be received by the intended recipient; or
c) any content downloaded or otherwise transmitted to or from the Web Site is free from viruses, faults or errors;
3) Levkin Pty. Ltd. does not vet, authorise or endorse any content posted, uploaded or transmitted on the Web Site by any person;
4) Insofar as goods and services (or information about goods or services) are offered on or through the Web Site by Clients or third parties, the information published on the Web Site about such Client or third party goods or services are provided by Clients or third parties, and:
a) Levkin Pty. Ltd. is not responsible for the information published by Clients or third parties and simply acts as a medium for the publication of the information;
b) Levkin Pty. Ltd. does not provide any warranties in relation to the goods or services provided by Clients or third parties and will not be liable to Client or any third party for any failure, wrong or default of a Client or third party;
c) Levkin Pty. Ltd. takes no responsibility for the content of any Client or third party web site that links to or from the Web Site.
7. Indemnification
Client agrees to indemnify, defend, and hold harmless Levkin Pty. Ltd., its directors, officers, employees, agents and Levkin Pty. Ltd.’s Service Provider, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable legal fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Client's representations, warranties, or agreements hereunder; (ii) arises out of the negligence or wilful misconduct of Client; or (iii) any of the Client Content to be provided by Client hereunder or other material on the Web Site infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, database rights, trade secrets and/or licenses. "Levkin Pty. Ltd.’s Service Provider" shall mean a third party web hosting service provider whom Levkin Pty. Ltd. has subscribed with to host Levkin Pty. Ltd.’s Hosted Services.
8. Limitation of Liability
1) To the full extent permitted by law, Levkin Pty. Ltd., its directors, employees, agents, contractors and related bodies corporate, will be under no liability to Client or to any person in respect of any loss or damage (including direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits), costs, expenses or injury which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
a) the Services provided by Levkin Pty. Ltd.;
b) the use or performance of the Web Site;
c) the delay or inability to use the Web Site;
d) the provision of or failure to provide Services;
e) any goods or services accessed, purchased or obtained from the Web Site, whether from Client, Levkin Pty. Ltd. or a third party;
2) The Levkin Pty. Ltd. shall not be liable to the Client for any loss arising out of any failure by the Client to keep full and up-to-date security copies of the Web Site computer programs and data it uses in accordance with best computing practice. Neither will the Levkin Pty. Ltd. be liable for any delay in delivery of the Web Site to the Host Server howsoever such delay may be caused.
3) In no event shall Levkin Pty. Ltd. be liable for any information, software, products, services and related graphics obtained through the Web Site, or otherwise arising out of the use of the Web Site, whether based on contract, tort, strict liability or otherwise, even if Levkin Pty. Ltd. has been advised of the possibility of damages.
9. Advertising Sales
Except for promoting club functions and fundraising events, sporting organizations may not use their ability to modify Web Site content as a commercial advertising medium.
Sporting organizations will appoint an advertising contact who will forward advertising enquiries to Levkin Pty. Ltd. (“Advertising Contact”). Advertising Contact will forward to the Levkin Pty. Ltd., the name and contact number of each advertising enquiry. Advertising Contact will keep accurate records of each advertising enquiry forwarded to Levkin Pty. Ltd.. Sporting organizations will receive advertising sales commission earnings for referring advertising enquiries to Levkin Pty. Ltd. that result in a successful advertising contract being entered into between the Levkin Pty. Ltd. and the advertiser.
10. Law
Agreements shall be governed by and construed in accordance with the laws of Victoria, Australia.
11. Disputes
Any dispute which may arise between the parties concerning any Agreement shall be determined by the Australian Courts and the parties hereby submit to the exclusive jurisdiction of the Australian Courts for such purpose.
12. Force Majeure
Force Majeure means a circumstance beyond the reasonable control of the Parties which results in a Party being unable to observe or perform on time an obligation under this agreement. Such circumstances include but are not limited to: (i) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster; (ii) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damages, sabotage and revolution; (iii) strikes;
Neither Party will be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay is due to Force Majeure. If a delay or failure of a Party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that Party’s obligations will be suspended. If a delay or failure by a Party to perform its obligations due to Force Majeure exceeds 60 days, either Party may immediately terminate the agreement on providing notice in writing to the other Party. If this agreement is terminated pursuant to this Clause, the Levkin Pty. Ltd. will refund moneys previously paid by the Client pursuant to this agreement for goods or services not provided by the Levkin Pty. Ltd. to the Client.
13. Privacy
Parties agree that all issues concerning Privacy Act compliance are for Client and Levkin Pty. Ltd. gives no warranty or undertaking that the Site complies with or operates in accordance with the requirements of that legislation and Regulations thereunder. A review for Privacy Act purposes can be obtained by Levkin Pty. Ltd. for an additional fee but will not be the subject of any warranty by Levkin Pty. Ltd. as to its accuracy.
14. Severability
If any provision of this agreement is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from this agreement.
15. Copyright
The ClubSupportal software application is Copyright © 2006 with All rights Reserved for LEVKIN Pty. Ltd. This extends to all Php, HTML, JavaScript and SQL database scripts, images owned by LEVKIN, and text, except in specific cases where certain JavaScript and Php scripts and images/photographs retain the copyright of their original producers.
Content may not be copied or reproduced in any form without written permission by LEVKIN Pty. Ltd..
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