Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Oceansouth, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Responsibility of Website Visitors. Oceansouth has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Oceansouth does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Oceansouth disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which oceansouth.com.au links, and that link to oceansouth.com.au. Oceansouth does not have any control over those non-Oceansouth websites and webpages, and is not responsible for their contents or their use. By linking to a non-Oceansouth website or webpage, Oceansouth does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Oceansouth disclaims any responsibility for any harm resulting from your use of non-Oceansouth websites and webpages.
- Copyright Infringement and DMCA Policy. As Oceansouth asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by oceansouth.com.au violates your copyright, you are encouraged to notify Oceansouth in accordance with Oceansouth Digital Millennium Copyright Act (“DMCA”) Policy. Oceansouth will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Oceansouth will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Oceansouth or others. In the case of such termination, Oceansouth will have no obligation to provide a refund of any amounts previously paid to Oceansouth.
- Intellectual Property. This Agreement does not transfer from Oceansouth to you any Oceansouth or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Oceansouth. Oceansouth, oceansouth.de, the oceansouth.de logo, and all other trademarks, service marks, graphics and logos used in connection with oceansouth.com.au, or the Website are trademarks or registered trademarks of Oceansouth or Oceansouth licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Oceansouth or third-party trademarks.
- Attribution. Oceansouth reserves the right to display attribution links such as ‘Blog at oceansouth.com.au,’ theme author, and font attribution in your blog footer or toolbar.
- Changes. Oceansouth reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Oceansouth may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Oceansouth may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your oceansouth.com.au account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Oceansouth if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Oceansouth notice to you thereof; provided that, Oceansouth can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Oceansouth and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Oceansouth nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Oceansouth, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Oceansouth under this agreement during the twelve (12) month period prior to the cause of action. Oceansouth shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Oceansouth, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Oceansouth and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Oceansouth, or by the posting by Oceansouth of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Victoria, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Melbourne, Victoria. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Melbourne, Victoria, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Oceansouth may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Oceansouth (“Oceansouth“) operates oceansouth.com.au and may operate other websites. It is Oceansouth policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Oceansouth collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Oceansouth purpose in collecting non-personally identifying information is to better understand how Oceansouth visitors use its website. From time to time, Oceansouth may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Oceansouth also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on oceansouth.com.au blogs/sites. Oceansouth only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Oceansouth websites choose to interact with Oceansouth in ways that require Oceansouth to gather personally-identifying information. The amount and type of information that Oceansouth gathers depends on the nature of the interaction. For example, we ask visitors who sign up at oceansouth.com.au to provide a username and email address. Those who engage in transactions with Oceansouth are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Oceansouth collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Oceansouth. Oceansouth does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Oceansouth may collect statistics about the behavior of visitors to its websites. Oceansouth may display this information publicly or provide it to others. However, Oceansouth does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Oceansouth discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Oceansouth behalf or to provide services available at Oceansouth websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Oceansouth websites, you consent to the transfer of such information to them. Oceansouth will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Oceansouth discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Oceansouth believes in good faith that disclosure is reasonably necessary to protect the property or rights of Oceansouth, third parties or the public at large. If you are a registered user of an Oceansouth website and have supplied your email address, Oceansouth may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Oceansouth and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Oceansouth takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Oceansouth, or substantially all of its assets, were acquired, or in the unlikely event that Oceansouth goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Oceansouth may continue to use your personal information as set forth in this policy.