1. License Grant.
By posting communications on or through this Site, End User shall be deemed to have granted to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold us and our affiliates harmless and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys'' fees, arising out of the use of this Site and/or the Microsites by End User.
We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
5. Third Party Content.
We, similar to an Internet Service Provider, are a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, we have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with us. We neither endorse or is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than one of our authorized employee spokespersons while acting in official capacities. Under no circumstances will we be liable for any loss or damage caused by an end user''s reliance on information obtained through us. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through our site .
Our site contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party sites and we hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk.
This Agreement and any operating rules for us established by us constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect.
Our head office is in Australia. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of Australia. By using this Site, End User agrees that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to End Users use of the Site or the Microsites (unless otherwise specifically stated) is the Australian Court Systems, or if such court lacks subject matter jurisdiction. End User hereby accepts and submits to the jurisdiction of such court in any such proceeding or action, and irrevocably waives, to the fullest extent permitted by law, any objection which End User may now or hereinafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
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