AGREEMENT BETWEEN USER AND 13CABS
The 13CABS Web Site is comprised of various Web pages operated by 13CABS.
The 13CABS Web Site is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the 13CABS Web
Site constitutes your agreement to all such terms, conditions, and notices.
13CABS reserves the right to change the terms, conditions, and notices under which
the 13CABS Web Site is offered, including but not limited to the charges associated
with the use of the 13CABS Web Site.
LINKS TO THIRD PARTY SITES
The 13CABS Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of 13CABS and 13CABS is not responsible
for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. 13CABS is not responsible
for webcasting or any other form of transmission received from any Linked Site.
13CABS is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by 13CABS of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the 13CABS Web Site, you warrant to 13CABS that you
will not use the 13CABS Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the 13CABS Web Site in
any manner which could damage, disable, overburden, or impair the 13CABS Web Site
or interfere with any other party's use and enjoyment of the 13CABS Web Site. You
may not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the 13CABS Web Sites.
USE OF COMMUNICATION SERVICES
The 13CABS Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material that
are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others. Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information. Upload files that contain software
or other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents. Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages. Conduct or
forward surveys, contests, pyramid schemes or chain letters. Download any file posted
by another user of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner. Falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded. Restrict
or inhibit any other user from using and enjoying the Communication Services. Violate
any code of conduct or other guidelines which may be applicable for any particular
Communication Service. Harvest or otherwise collect information about others, including
e-mail addresses, without their consent. Violate any applicable laws or regulations.
13CABS has no obligation to monitor the Communication Services. However, 13CABS
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. 13CABS reserves the right to terminate
your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
13CABS reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in 13CABS's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. 13CABS does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, 13CABS specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized 13CABS spokespersons, and their views
do not necessarily reflect those of 13CABS.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO 13CABS OR POSTED AT ANY 13CABS WEB SITE
13CABS does not claim ownership of the materials you provide to 13CABS (including
feedback and suggestions) or post, upload, input or submit to any 13CABS Web Site
or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting 13CABS,
its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. 13CABS is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in 13CABS's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE 13CABS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. 13CABS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE 13CABS WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE 13CABS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
13CABS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE 13CABS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. 13CABS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 13CABS AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE 13CABS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
13CABS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE 13CABS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 13CABS WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF 13CABS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 13CABS WEB SITE, OR WITH ANY OF
SERVICE CONTACT : email@example.com
13CABS reserves the right, in its sole discretion, to terminate your access to the
13CABS Web Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is governed
by the laws of New South Wales, Australia and you hereby consent to the exclusive
jurisdiction and venue of courts in New South Wales, Australia in all disputes arising
out of or relating to the use of the 13CABS Web Site. Use of the 13CABS Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and 13CABS as a result of this agreement or use of the 13CABS Web Site.
13CABS's performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of 13CABS's right to comply
with governmental, court and law enforcement requests or requirements relating to
your use of the 13CABS Web Site or information provided to or gathered by 13CABS
with respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and 13CABS with respect to the 13CABS Web
Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and 13CABS with respect to
the 13CABS Web Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the 13CABS Web Site are: Copyright 2009 Black Cabs Combined and/or
its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Unless otherwise indicated, copyright in all information and other materials on
this Site (including information and its arrangement) is owned by or licensed to
13CABS. All rights are reserved. Except as permitted under the Copyright Act 1968
(Cth) or other applicable laws, this site or any portion of the site may not be
reproduced, adapted, distributed, displayed, transmitted or otherwise exploited
for any commercial purpose that is not expressly permitted by 13CABS. You may imprint,
copy, download or temporarily store extracts from our Site for your personal information
or when you use our products and services. You must not alter anything. In particular
you may not use a part of our Site on any other website, or link any other website
to our Site, without our prior written permission.
Nothing contained on this site should be construed as granting any licence or right
of use of any trade mark displayed on the site without the express written consent