Terms & Conditions
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Updated as of June 4, 2016
The AdSign website is operated by AdSign Interactive. These terms & conditions govern the use of the website.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.
If you decline these Terms & Conditions, please do not continue to use the website.
In these terms and conditions, “we” “us” and “our” refers to AdSign Interactive and the service we provide at www.adsign.com.au, referred to as “our website” “service”. Your contribution, access to all information (content) on our website is provided subject to these terms and conditions.
By using our website, you agree to these terms and conditions. We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time without further notice. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on our website. Please check these terms periodically for changes, at the top of this page a date will indicate when these terms were last revised. Your continued use of our website constitutes your agreement to all such terms, conditions, and notices.
We grant you a limited license to access and make personal use of our website, but not to download (other than page caching) or modify any portion of it.
This license does not include, among other things: any resale or commercial use of our website; any derivative use of our website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorised by us; or any use of data mining, robots, or similar data gathering and extraction services.
Our website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Such limited license is subject to these Terms & Conditions.
THIRD PARTY WEBSITES AND CONTENT
Our website may contain links to other websites ("Third Party Sites") and articles, resources, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties.
Such Third Party Sites and content are not reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through our website or any Third Party Content posted on or available through the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content.
Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave our website and access the Third Party Sites or to use any Third Party Content, you do so at your own risk and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our website.
You acknowledge that by providing you with the ability to access and view Third Party Content on our website, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any or Third Party Content.
Other than Third Party Content (as defined above), all content on our website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our exclusive property and is protected by Australian and/or international copyright laws.
Except as expressly provided in the "Limited License" section above, your use of and access to our website does not grant you any license or the right to use any of our copyrights, trademarks, or trade names.
We vigilantly enforce our intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its copyrights, trademarks, and trade names.
SUBMISSIONS TO ADSIGN
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, material, communication, or other information about the Website ("Submissions"), provided by you to AdSign are non-confidential.
Further, you acknowledge and agree that AdSign receives many comments, suggestions, ideas, feedback, material, and other submissions from many parties and that your submission may be similar or identical in theme, idea, or other respects to other comments, suggestions, ideas, feedback, material, or other submissions submitted by others to AdSign or to those that AdSign has developed on its own.
Therefore, you agree that any use by AdSign of any comments, suggestions, ideas, feedback, material, and other submissions that are similar or identical to your Submission in any way will not give rise to any claims by you or on your behalf against AdSign of any kind, including, without limitation, claims of infringement, unfair competition, or implied contract, and You hereby waive any and all such claims.
You agree to indemnify and hold AdSign, its representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of AdSign.com.au, your violation of these Terms & Conditions, or your violation of any rights of another person or entity.
YOUR USE OF ADSIGN.COM.AU IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ADSIGN DOES NOT WARRANT THAT THE WEBSITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM THE COMPANY OR VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADSIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ADSIGN MAKES NO WARRANTY THAT (1) ADSIGN.COM.AU WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (4) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (5) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.
Further, AdSign is not responsible or liable in any manner for any Third Party Content on AdSign.com.au, whether posted by AdSign, by third parties, or by any of the equipment or programming associated with or utilised in the website, or for any Third Party Sites. AdSign does not control and is not responsible for Third Party Content and is not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the website or in connection with any Third Party Content. AdSign is not responsible for the conduct, whether online or offline, of any user of the website.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADSIGN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE ADSIGN.COM.AU; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO ADSIGN.
IF, DESPITE THE LIMITATION ABOVE, ADSIGN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN ITS LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF AU $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
AdSign may prohibit you from using or accessing AdSign.com.au (or any portion, aspect or feature of the website) for any reason, or no reason, at any time in its sole discretion, with or without notice.
These Terms & Conditions constitute the entire agreement between you and AdSign and govern your use of AdSign.com.au, superseding any prior agreements between you and AdSign. A printed version of the Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Your acceptance of the Terms & Conditions and use of AdSign.com.au does not create a joint venture, partnership, employment or agency relationship between you and AdSign. You may not assign, delegate or transfer your rights or obligations under the Terms & Conditions and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use or access Third Party Content.
The Terms & Conditions and the relationship between you and AdSign shall be governed by the law in Victoria Australia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Victoria. Failure by AdSign to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of AdSign.com.au or the Terms & Conditions by you against ADSign must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that all causes of action arising out of or connected with the Terms & Conditions shall be resolved individually without resort to any form of class action.
Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia and/or the country in which you reside.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If you have any questions about these Terms & Conditions, please contact AdSign by email at email@example.com or:
PO Box 933
Hamilton, Vic 3300