Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to Aubook.com.au, ("we", "us", "our" and "AuBook") a social networking service where friends share their lives and explore great entertainment. AuBook Network consists of the AuBook Website, co-branded websites (including sub-domains) AuBook Mobile and including versions of the website that may exist on other domains. The services offered by AuBook include e-mail, instant messaging, AuBook application developer service and any other features, tools, applications, materials, or other services offered by AuBook in connection with its business, however accessed, are referred to collectively as the "AuBook Services or Services".
It is our pleasure to provide the AuBook Services for your personal enjoyment and entertainment in accordance with these Terms of Use ("Agreement"). By accessing or using AuBook Services, including: data, text, information, graphics, photos, profiles, video clips, musical works, works of authorship, applications, links, messages or other materials (collectively as the "Content") thereof signifies that you have read the following Terms of Use, whether you are a Visitor (which means that you simply browse the AuBook Website without being registered) or a registered member of AuBook (collectively, as the "User" or "Member"). If you do not agree to be bound by this Agreement and to abide by all Applicable Law, do not conclude the Agreement, do NOT click “Sign Up†and do not access, view, download or otherwise use any AuBook webpage, information or services. By clicking “Sign Up,†you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up,†you also consent to use electronic signatures and acknowledge your click of the “Sign Up†button as one.
It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms of Use, please contact us at: info@aubook.com.au
1. AUBOOK ACCOUNT:
1.1 Eligibility
AuBook is intended solely for users who are thirteen (13) years of age or older and that have the capacity to understand, agree to and comply with these Terms of Use. Registering for the AuBook Services, you represent and warrant that:
a) all required registration information you submit is truthful and accurate;
b) you will maintain the accuracy of such information;
c) you are (13) years of age or older;
d) you are not currently restricted from the AuBook Services, or not otherwise prohibited from having a AuBook account;
e) you will not use AuBook if you are a convicted sex offender;
f) you have full power and authority to enter into this Agreement;
g) you will not violate any rights of AuBook, including intellectual property rights such as copyright or trademark rights; and
h) your use of the Services does not violate any applicable law or regulation.
Your AuBook Profile may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.
1.2 Registration and Account Security
When you sign up to become a AuBook member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. Here are some commitments you make to us relating to registering and maintaining the security of your AuBook account. By way of example and not as a limitation, you agree to:
a) keep your password secure and confidential;
b) not reveal your password to any third party;
c) keep your registered email addresses and other registration data current and complete;
d) accept responsibility for all use and activities that occur under your account;
e) not permit others to use your account;
f) refrain from using the account, username, or password of another member at any time;
g) refrain from selling, trading, or otherwise transferring your AuBook account to another party;
h) refrain from charging anyone for access to any portion of AuBook, or any information therein;
i) not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information;
j) notify us immediately if you suspect any unauthorized use of your AuBook Profile or access to your password.
We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify AuBook of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to AuBook.
Further, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
1.3 Forum Signature
You may post a link to your website in your signature, as long as it does not link to any inappropriate material. You may also have a signature image linked from another website as long as they are within the following guidelines;
 Absolutely no obscene, violent, or adult themed images are permitted.
1.4 Privacy
Protecting your privacy is very important to AuBook. Please review our full Privacy Policy http://aubook.com.au/policy/ as it is hereby incorporated into this Terms of Use by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content which you may submit to AuBook, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and we store and process your personal information on computers located in Australia and United States.
1.5 Subscriptions and Payments
You acknowledge that AuBook reserves the right to charge for any portion of the AuBook Services and to change its fees (if any) from time to time in its discretion. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Membershipâ€), you agree to AuBook to pay the applicable fees for the Premium Membership (including, without limitation, periodic fees for Premium accounts) as they become due and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription.
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium features expire immediately upon cancellation of your Premium account or AuBook account. If AuBook terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You also acknowledge that AuBook’s Premium Membership are subject to this Agreement and any additional terms related to the provision of the Premium Membership.
1.6 Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2. MEMBER CONDUCT:
2.1 The AuBook Services are for the personal use of members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by AuBook. AuBook reserves the right to remove or charge for commercial content in its sole discretion.
2.2 In order to protect our Members from advertising or solicitation, AuBook in its sole discretion reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AuBook deems appropriate. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the AuBook Services, you acknowledge that you will have caused substantial harm to Aubook.com.au, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay AuBook fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through the AuBook Services.
2.3 You may not use the AuBook Service for any illegal or unauthorized purpose including collecting usernames, user id numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AuBook Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges.
2.4 AuBook may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does AuBook have any obligation to check the accuracy or truthfulness of any materials, nor to monitor any member's use of the AuBook Service.
2.5 International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any Content that you submit, post, and display on the AuBook Service.
3. PROHIBITED CONTENT AND ACTIVITY:
Although AuBook is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. The following are examples of the kind of activities that are illegal or prohibited on the AuBook Website and through your use of the AuBook Services. AuBook reserves the right to investigate and take appropriate legal action against anyone who, in AuBook's sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
3.1 Publish, distribute and/or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
3.2 Abuse, stalk, threaten, harass or advocate harassment of another person;
3.3 Violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.
3.4 Submit material that contains nudity or depicts a human being engaged in actual sexual conduct including but not limited to (a) excessive violence, (b) exploits people in a sexual or violent manner, sadistic or masochistic abuse; (c) sexual intercourse; (d) bestiality; (e) lascivious exhibition of the genitals or private area of any person; (f) offensive subject matter; (g) contains a link to an adult website;
3.5 Involvement in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner;
3.6 Solicit personal identifying information or passwords from anyone under the age of eighteen (18);
3.7 Promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
3.8 Publicly posting information that poses or creates a privacy or security risk to any person;
3.9 Use sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;
3.10 Imply or state, directly or indirectly, that you are affiliated with or endorsed by AuBook unless you have entered into a written agreement with AuBook;
3.11 Impersonate or attempt to impersonate AuBook or a AuBook employee, administrator, moderator, another Member, or person or entity;
3.12 Advertising to, or solicitation of any Member to buy or sell any products or services through the AuBook Services without their prior explicit consent;
3.13 Create a user profile for anyone other than a natural person;
3.14 Register for more than one User account or register for a User account on behalf of an individual other than yourself;
3.15 Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from AuBook except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
3.16 Submit materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by AuBook;
3.17 Remove, obscure, or alter any AuBook's copyright notice, trademarks, or other proprietary rights notices, including any of its licensors;
3.18 Modify, copy, distribute, download, perform, sell, transmit or create derivative works in any form or by any means, in whole or in part, any Content from the AuBook Services other than your Content which you legally post on, through or in connection with the AuBook Services;
3.19 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
3.20 Modify, adapt, translate, or reverse engineer any portion of the AuBook Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Aubook.com.au Service.
3.21 Attempt to gain unauthorized access to the AuBook Service, other accounts, computer systems or networks connected to the AuBook Service, through password mining or any other means.
3.22 Transmit, email or post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', ‘spimming’, ‘spamming’ or any other form of such solicitation;
3.23 Harvest or collect email addresses or other contact information of members, including usernames, from the AuBook website by electronic or other means;
3.24 Use manual or automated software, such as, but not limited to, scripts, devices, robots, or other means to add friends or send/add comments, messages, status updates, blogs or bulletins or processes to access, “scrape,†“crawl†or “spider†any web pages or other services contained in the site;
3.25 Use the Aubook.com.au Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
3.26 Using any information obtained from the AuBook Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
3.27 Solicit or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
3.28 Rent, lease, loan, trade, sell/re-sell access or otherwise transferring your profile, your email address or URL to AuBook or any information therein, or the equivalent, in whole or part;
3.29 Cover or obscure the banner advertisements on your AuBook Profile page, or any AuBook page via HTML/CSS, scripting, or any other means;
3.30 Decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you;
3.31 Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
3.32 Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members;
3.33 Interfere with another member's use and enjoyment of the AuBook Service;
3.34 Repeatedly infringe other people's intellectual property rights, we have the right to disable your account when appropriate;
If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: info@aubook.com.au
Further, AuBook reserves the right to investigate and take appropriate legal action against anyone who, in AuBook's sole discretion, violates this provision, including, without limitation, removing the offending Content from the AuBook Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
4. MEMBER DISPUTES
If there is a dispute between Members or between Members and any third party, you understand and agree that AuBook is under no obligation to become involved. In the event that you have such a dispute, you hereby release AuBook, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. INTELLECTUAL PROPERTY:
5.1 Ownership
You acknowledge that AuBook owns all right, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
5.2 Content Posted
All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AuBook, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on AuBook or on the Web. You understand and agree that AuBook may, but is not obligated to, review, reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of AuBook violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless AuBook assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
AuBook does not claim ownership rights in Content that you make available through the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to AuBook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
5.3 Your Content
By posting any Content on the Services and making your Content available to others (“Third Partiesâ€) via RSS distribution, you hereby grant AuBook and to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.
You represent and warrant that: (i) you own the Materials posted by you on or through the AuBook Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the AuBook Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the AuBook Service.
You may remove your User Content from the AuBook at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that AuBook may retain archived copies of your User Content, and also the information posted to the Web by AuBook on your behalf may be cached by websites outside of AuBook control.
5.4 Objectionable Content
We reserve the right to remove content (including links) that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
5.5 Enforcement by Us
We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.
6. THIRD PARTIES AND OTHER USERS:
6.1 Third Party Content
Content from other Users, advertisers, and other third parties is made available to you through the AuBook Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. Some of the content served by AuBook may be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to AuBook.
6.2 Responsibility
Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
6.3 Third-Party Websites and Partner Communities
The AuBook Services may contain links to third-party websites (“Third-Party Websites“) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities (“Partner Communities“) or use other means to connect the AuBook Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. VIOLATION OF TERMS:
7.1 Breach of Terms
Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, AuBook Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
7.2 Termination of Service
You agree that AuBook, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or restrict the use of the AuBook Service (or any part thereof), immediately without notice or liability, if AuBook determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the AuBook Services or access to Content if such use places an undue burden on our networks or servers. We would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the AuBook servers being made or the volume of User Material being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
You may terminate your account anytime by going to "Account Settings", and choosing the "Cancel Account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
7.3 Effects of Termination
AuBook may terminate a Subscription, or any user's access to and use of the Site, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Privacy Policy), AuBook in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that AuBook deems appropriate to enforce its rights and pursue available remedies.
You understand that termination of this Agreement and your AuBook Profile may involve deletion of your AuBook Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your AuBook Profile or related deletion of your information. When an account is terminated, we reserve the right to re-issue the username you had selected (for the now deleted account).
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.
Further, you agree that AuBook shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after said termination. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
8. COPYRIGHT POLICY:
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. AuBook respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is AuBook policy to terminate the accounts of repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AuBook Agent for notice of claims of copyright or other intellectual property infringement:
Please provide our Agent with the following information;
1) A description of the alleged copyrighted work that you claim has been infringed, which should include the type of work (such as a photo or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
2) A description of where the alleged material that you claim is infringing is located on the AuBook Service (including a URL and/or screen shot);
3) The country or countries to which your copyright applies;
4) A description of the way in which the alleged copyright material has been infringed;
5) Your address, telephone number, and email address so that we may get in contact with you;
6) Your contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint;
7) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
8) A statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
9) An electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
AuBook
Attn: Copyright Agent
email: info@aubook.com.au
9. DISCLAIMER OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY:
9.1 Disclaimer
Under no circumstances shall AuBook be liable to any user on account of that user’s use or misuse of the Services. The Services are provided “as is,†with no warranties whatsoever. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if AuBook has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.
9.2 Indemnification
You agree to indemnify and hold AuBook, its subsidiaries, affiliates, respective officers, agents, joint ventures, partners and employees, harmless from all damages, losses, liability, claims, or demands, including, but not limited to, reasonable attorneys' fees and costs, related to all third party claims and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content that you post on or through the AuBook Services, and (c) any activity in which you engage on or through AuBook.
9.3 Limitation of Liability
YOUR USE OF THE AUBOOK SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL AUBOOK OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE " AUBOOK PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AUBOOK SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, WHETHER OR NOT AUBOOK PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE AUBOOK SERVICE, FROM INABILITY TO USE THE AUBOOK SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AUBOOK SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE AUBOOK SERVICE OR ANY PART OF THE AUBOOK SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AUBOOK SERVICE AND ITS RELATED WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AUBOOK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AUBOOK FOR THE AUBOOK SERVICES DURING THE TERM OF MEMBERSHIP. UNDER NO CIRCUMSTANCES SHALL AUBOOK BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIFTY DOLLARS ($50.00).
10. APPLICABLE LAWS AND THIS AGREEMENT:
These Terms of Use will be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of AuBook 's affiliates are express and intended third party beneficiaries of these Terms of Use and may enforce any of its terms and exercise any of the rights to the same extent as AuBook.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which AuBook seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by AuBook or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against AuBook, including with respect to your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.
11. LEGAL COMPLIANCE:
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the AuBook Service. AuBook reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the AuBook Service, AuBook Users, and the rights and Shopping of AuBook and its affiliates.
12. GENERAL:
This Agreement is accepted upon your use of the AuBook Website or any of the AuBook Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AuBook regarding the use of the AuBook Services. The failure of AuBook to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. AuBook is a trademark of Aubook.com.au . This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
13. CHANGES TO TERMS OF USE:
At our sole discretion AuBook reserves the right to change, modify, delete or amend portions of these Terms of Use at any time with or without further notice. Such changes will be effective immediately upon posting such revisions on the Site and you waive any right you may have to receive specific notice of such changes. We will indicate at the top of this page the date these terms were last revised. Your continued use of AuBook Site or the AuBook Services following the posting of such changes constitutes your binding acceptance thereof. It is your responsibility to regularly check the AuBook Site to determine if there have been changes. This Agreement, and any posted revision to this Agreement, shall remain in full force and in effect while you use the AuBook Services or are a member.
Please report any form of abuse or identity theft to you or other members immediately to: info@aubook.com.au
Regarding any questions to this agreement, please send emails to: info@aubook.com.au
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to Aubook.com.au, ("we", "us", "our" and "AuBook") a social networking service where friends share their lives and explore great entertainment. AuBook Network consists of the AuBook Website, co-branded websites (including sub-domains) AuBook Mobile and including versions of the website that may exist on other domains. The services offered by AuBook include e-mail, instant messaging, AuBook application developer service and any other features, tools, applications, materials, or other services offered by AuBook in connection with its business, however accessed, are referred to collectively as the "AuBook Services or Services".
It is our pleasure to provide the AuBook Services for your personal enjoyment and entertainment in accordance with these Terms of Use ("Agreement"). By accessing or using AuBook Services, including: data, text, information, graphics, photos, profiles, video clips, musical works, works of authorship, applications, links, messages or other materials (collectively as the "Content") thereof signifies that you have read the following Terms of Use, whether you are a Visitor (which means that you simply browse the AuBook Website without being registered) or a registered member of AuBook (collectively, as the "User" or "Member"). If you do not agree to be bound by this Agreement and to abide by all Applicable Law, do not conclude the Agreement, do NOT click “Sign Up†and do not access, view, download or otherwise use any AuBook webpage, information or services. By clicking “Sign Up,†you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up,†you also consent to use electronic signatures and acknowledge your click of the “Sign Up†button as one.
It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms of Use, please contact us at: info@aubook.com.au
1. AUBOOK ACCOUNT:
1.1 Eligibility
AuBook is intended solely for users who are thirteen (13) years of age or older and that have the capacity to understand, agree to and comply with these Terms of Use. Registering for the AuBook Services, you represent and warrant that:
a) all required registration information you submit is truthful and accurate;
b) you will maintain the accuracy of such information;
c) you are (13) years of age or older;
d) you are not currently restricted from the AuBook Services, or not otherwise prohibited from having a AuBook account;
e) you will not use AuBook if you are a convicted sex offender;
f) you have full power and authority to enter into this Agreement;
g) you will not violate any rights of AuBook, including intellectual property rights such as copyright or trademark rights; and
h) your use of the Services does not violate any applicable law or regulation.
Your AuBook Profile may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.
1.2 Registration and Account Security
When you sign up to become a AuBook member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. Here are some commitments you make to us relating to registering and maintaining the security of your AuBook account. By way of example and not as a limitation, you agree to:
a) keep your password secure and confidential;
b) not reveal your password to any third party;
c) keep your registered email addresses and other registration data current and complete;
d) accept responsibility for all use and activities that occur under your account;
e) not permit others to use your account;
f) refrain from using the account, username, or password of another member at any time;
g) refrain from selling, trading, or otherwise transferring your AuBook account to another party;
h) refrain from charging anyone for access to any portion of AuBook, or any information therein;
i) not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information;
j) notify us immediately if you suspect any unauthorized use of your AuBook Profile or access to your password.
We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify AuBook of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to AuBook.
Further, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
1.3 Forum Signature
You may post a link to your website in your signature, as long as it does not link to any inappropriate material. You may also have a signature image linked from another website as long as they are within the following guidelines;
 Absolutely no obscene, violent, or adult themed images are permitted.
1.4 Privacy
Protecting your privacy is very important to AuBook. Please review our full Privacy Policy http://aubook.com.au/policy/ as it is hereby incorporated into this Terms of Use by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content which you may submit to AuBook, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and we store and process your personal information on computers located in Australia and United States.
1.5 Subscriptions and Payments
You acknowledge that AuBook reserves the right to charge for any portion of the AuBook Services and to change its fees (if any) from time to time in its discretion. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Membershipâ€), you agree to AuBook to pay the applicable fees for the Premium Membership (including, without limitation, periodic fees for Premium accounts) as they become due and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription.
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium features expire immediately upon cancellation of your Premium account or AuBook account. If AuBook terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You also acknowledge that AuBook’s Premium Membership are subject to this Agreement and any additional terms related to the provision of the Premium Membership.
1.6 Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2. MEMBER CONDUCT:
2.1 The AuBook Services are for the personal use of members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by AuBook. AuBook reserves the right to remove or charge for commercial content in its sole discretion.
2.2 In order to protect our Members from advertising or solicitation, AuBook in its sole discretion reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AuBook deems appropriate. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the AuBook Services, you acknowledge that you will have caused substantial harm to Aubook.com.au, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay AuBook fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through the AuBook Services.
2.3 You may not use the AuBook Service for any illegal or unauthorized purpose including collecting usernames, user id numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AuBook Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges.
2.4 AuBook may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does AuBook have any obligation to check the accuracy or truthfulness of any materials, nor to monitor any member's use of the AuBook Service.
2.5 International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any Content that you submit, post, and display on the AuBook Service.
3. PROHIBITED CONTENT AND ACTIVITY:
Although AuBook is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. The following are examples of the kind of activities that are illegal or prohibited on the AuBook Website and through your use of the AuBook Services. AuBook reserves the right to investigate and take appropriate legal action against anyone who, in AuBook's sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
3.1 Publish, distribute and/or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
3.2 Abuse, stalk, threaten, harass or advocate harassment of another person;
3.3 Violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.
3.4 Submit material that contains nudity or depicts a human being engaged in actual sexual conduct including but not limited to (a) excessive violence, (b) exploits people in a sexual or violent manner, sadistic or masochistic abuse; (c) sexual intercourse; (d) bestiality; (e) lascivious exhibition of the genitals or private area of any person; (f) offensive subject matter; (g) contains a link to an adult website;
3.5 Involvement in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner;
3.6 Solicit personal identifying information or passwords from anyone under the age of eighteen (18);
3.7 Promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
3.8 Publicly posting information that poses or creates a privacy or security risk to any person;
3.9 Use sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;
3.10 Imply or state, directly or indirectly, that you are affiliated with or endorsed by AuBook unless you have entered into a written agreement with AuBook;
3.11 Impersonate or attempt to impersonate AuBook or a AuBook employee, administrator, moderator, another Member, or person or entity;
3.12 Advertising to, or solicitation of any Member to buy or sell any products or services through the AuBook Services without their prior explicit consent;
3.13 Create a user profile for anyone other than a natural person;
3.14 Register for more than one User account or register for a User account on behalf of an individual other than yourself;
3.15 Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from AuBook except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
3.16 Submit materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by AuBook;
3.17 Remove, obscure, or alter any AuBook's copyright notice, trademarks, or other proprietary rights notices, including any of its licensors;
3.18 Modify, copy, distribute, download, perform, sell, transmit or create derivative works in any form or by any means, in whole or in part, any Content from the AuBook Services other than your Content which you legally post on, through or in connection with the AuBook Services;
3.19 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
3.20 Modify, adapt, translate, or reverse engineer any portion of the AuBook Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Aubook.com.au Service.
3.21 Attempt to gain unauthorized access to the AuBook Service, other accounts, computer systems or networks connected to the AuBook Service, through password mining or any other means.
3.22 Transmit, email or post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', ‘spimming’, ‘spamming’ or any other form of such solicitation;
3.23 Harvest or collect email addresses or other contact information of members, including usernames, from the AuBook website by electronic or other means;
3.24 Use manual or automated software, such as, but not limited to, scripts, devices, robots, or other means to add friends or send/add comments, messages, status updates, blogs or bulletins or processes to access, “scrape,†“crawl†or “spider†any web pages or other services contained in the site;
3.25 Use the Aubook.com.au Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
3.26 Using any information obtained from the AuBook Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
3.27 Solicit or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
3.28 Rent, lease, loan, trade, sell/re-sell access or otherwise transferring your profile, your email address or URL to AuBook or any information therein, or the equivalent, in whole or part;
3.29 Cover or obscure the banner advertisements on your AuBook Profile page, or any AuBook page via HTML/CSS, scripting, or any other means;
3.30 Decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you;
3.31 Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
3.32 Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members;
3.33 Interfere with another member's use and enjoyment of the AuBook Service;
3.34 Repeatedly infringe other people's intellectual property rights, we have the right to disable your account when appropriate;
If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: info@aubook.com.au
Further, AuBook reserves the right to investigate and take appropriate legal action against anyone who, in AuBook's sole discretion, violates this provision, including, without limitation, removing the offending Content from the AuBook Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
4. MEMBER DISPUTES
If there is a dispute between Members or between Members and any third party, you understand and agree that AuBook is under no obligation to become involved. In the event that you have such a dispute, you hereby release AuBook, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. INTELLECTUAL PROPERTY:
5.1 Ownership
You acknowledge that AuBook owns all right, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
5.2 Content Posted
All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AuBook, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on AuBook or on the Web. You understand and agree that AuBook may, but is not obligated to, review, reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of AuBook violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless AuBook assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
AuBook does not claim ownership rights in Content that you make available through the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to AuBook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
5.3 Your Content
By posting any Content on the Services and making your Content available to others (“Third Partiesâ€) via RSS distribution, you hereby grant AuBook and to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.
You represent and warrant that: (i) you own the Materials posted by you on or through the AuBook Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the AuBook Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the AuBook Service.
You may remove your User Content from the AuBook at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that AuBook may retain archived copies of your User Content, and also the information posted to the Web by AuBook on your behalf may be cached by websites outside of AuBook control.
5.4 Objectionable Content
We reserve the right to remove content (including links) that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
5.5 Enforcement by Us
We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.
6. THIRD PARTIES AND OTHER USERS:
6.1 Third Party Content
Content from other Users, advertisers, and other third parties is made available to you through the AuBook Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. Some of the content served by AuBook may be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to AuBook.
6.2 Responsibility
Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
6.3 Third-Party Websites and Partner Communities
The AuBook Services may contain links to third-party websites (“Third-Party Websites“) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities (“Partner Communities“) or use other means to connect the AuBook Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. VIOLATION OF TERMS:
7.1 Breach of Terms
Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, AuBook Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
7.2 Termination of Service
You agree that AuBook, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or restrict the use of the AuBook Service (or any part thereof), immediately without notice or liability, if AuBook determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the AuBook Services or access to Content if such use places an undue burden on our networks or servers. We would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the AuBook servers being made or the volume of User Material being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
You may terminate your account anytime by going to "Account Settings", and choosing the "Cancel Account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
7.3 Effects of Termination
AuBook may terminate a Subscription, or any user's access to and use of the Site, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Privacy Policy), AuBook in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that AuBook deems appropriate to enforce its rights and pursue available remedies.
You understand that termination of this Agreement and your AuBook Profile may involve deletion of your AuBook Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your AuBook Profile or related deletion of your information. When an account is terminated, we reserve the right to re-issue the username you had selected (for the now deleted account).
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.
Further, you agree that AuBook shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after said termination. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
8. COPYRIGHT POLICY:
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. AuBook respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is AuBook policy to terminate the accounts of repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AuBook Agent for notice of claims of copyright or other intellectual property infringement:
Please provide our Agent with the following information;
1) A description of the alleged copyrighted work that you claim has been infringed, which should include the type of work (such as a photo or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
2) A description of where the alleged material that you claim is infringing is located on the AuBook Service (including a URL and/or screen shot);
3) The country or countries to which your copyright applies;
4) A description of the way in which the alleged copyright material has been infringed;
5) Your address, telephone number, and email address so that we may get in contact with you;
6) Your contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint;
7) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
8) A statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
9) An electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
AuBook
Attn: Copyright Agent
email: info@aubook.com.au
9. DISCLAIMER OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY:
9.1 Disclaimer
Under no circumstances shall AuBook be liable to any user on account of that user’s use or misuse of the Services. The Services are provided “as is,†with no warranties whatsoever. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if AuBook has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.
9.2 Indemnification
You agree to indemnify and hold AuBook, its subsidiaries, affiliates, respective officers, agents, joint ventures, partners and employees, harmless from all damages, losses, liability, claims, or demands, including, but not limited to, reasonable attorneys' fees and costs, related to all third party claims and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content that you post on or through the AuBook Services, and (c) any activity in which you engage on or through AuBook.
9.3 Limitation of Liability
YOUR USE OF THE AUBOOK SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL AUBOOK OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE " AUBOOK PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AUBOOK SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, WHETHER OR NOT AUBOOK PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE AUBOOK SERVICE, FROM INABILITY TO USE THE AUBOOK SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AUBOOK SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE AUBOOK SERVICE OR ANY PART OF THE AUBOOK SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AUBOOK SERVICE AND ITS RELATED WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AUBOOK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AUBOOK FOR THE AUBOOK SERVICES DURING THE TERM OF MEMBERSHIP. UNDER NO CIRCUMSTANCES SHALL AUBOOK BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIFTY DOLLARS ($50.00).
10. APPLICABLE LAWS AND THIS AGREEMENT:
These Terms of Use will be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of AuBook 's affiliates are express and intended third party beneficiaries of these Terms of Use and may enforce any of its terms and exercise any of the rights to the same extent as AuBook.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which AuBook seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by AuBook or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against AuBook, including with respect to your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.
11. LEGAL COMPLIANCE:
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the AuBook Service. AuBook reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the AuBook Service, AuBook Users, and the rights and Shopping of AuBook and its affiliates.
12. GENERAL:
This Agreement is accepted upon your use of the AuBook Website or any of the AuBook Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AuBook regarding the use of the AuBook Services. The failure of AuBook to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. AuBook is a trademark of Aubook.com.au . This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
13. CHANGES TO TERMS OF USE:
At our sole discretion AuBook reserves the right to change, modify, delete or amend portions of these Terms of Use at any time with or without further notice. Such changes will be effective immediately upon posting such revisions on the Site and you waive any right you may have to receive specific notice of such changes. We will indicate at the top of this page the date these terms were last revised. Your continued use of AuBook Site or the AuBook Services following the posting of such changes constitutes your binding acceptance thereof. It is your responsibility to regularly check the AuBook Site to determine if there have been changes. This Agreement, and any posted revision to this Agreement, shall remain in full force and in effect while you use the AuBook Services or are a member.
Please report any form of abuse or identity theft to you or other members immediately to: info@aubook.com.au
Regarding any questions to this agreement, please send emails to: info@aubook.com.au
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.