SITE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein (the "Terms of
Use"). If you do not agree to these Terms of Use please do not use this
site. We reserve the right, at our discretion, to update or revise these Terms
of Use. Please check the Terms periodically for changes. Your continued use of
this site following the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by melbournestreetfashion.com's Rules of
User Conduct, including but not limited to, agreeing not to use this site for
any unlawful purpose. A copy of the Rules of Conduct, which you should review,
can be found at the end of this site term.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials
available on this site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. Except as
expressly authorized by melbournestreetfashion.com, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from such
materials or content. Notwithstanding the above, you may print or download one
copy of the materials or content on this site on any single computer for your
personal, non-commercial use, provided you keep intact all copyright and other
proprietary notices. Systematic retrieval of data or other content from this
site to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from
melbournestreetfashion.com is prohibited. In addition, use of the content or
materials for any purpose not expressly permitted in these Terms of Use is
prohibited. As noted above, reproduction, copying, or redistribution for
commercial purposes of any materials or design elements on this site is
strictly prohibited without the express written permission of
melbournestreetfashion.com. Permission is granted only when certain limited
criteria are met.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you: grant
melbournestreetfashion.com and its affiliates and licensees the right to use,
reproduce, display, perform, adapt, modify, distribute, have distributed, and
promote the content in any form, anywhere and for any purpose; and warrant and
represent that you own or otherwise control all of the rights to the content
and that public posting and use of your content by melbournestreetfashion.com
will not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is
accessible on this site in a way that constitutes copyright infringement, you
may notify melbournestreetfashion.com.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE
CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MELBOURNESTREETFASHION.COM, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT
YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MELBOURNESTREETFASHION.COM, ITS
SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF MELBOURNESTREETFASHION.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
MELBOURNESTREETFASHION.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by melbournestreetfashion.com, you agree to
defend, indemnify, and hold harmless melbournestreetfashion.com and its
subsidiary and other affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use or misuse of this site.
Melbournestreetfashion.com reserves the right, at it own expense, to assume the
exclusive defence and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with
melbournestreetfashion.com in asserting any available defences.
INTERNATIONAL USE
Melbournestreetfashion.com makes no representation that
materials on this site are appropriate or available for use in locations
outside Australia,
and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in
accordance with the laws of the State Of Victoria, Australia, excluding its
conflicts of law rules. You expressly agree that the exclusive jurisdiction for
any claim or action arising out of or relating to these Terms of Use or your
use of this site shall be filed only in the state or federal courts located in
the State of Victoria, Australia, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and melbournestreetfashion.com
with respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or electronic) between you
and melbournestreetfashion.com with respect to this site. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain
in full force and effect.
USER ACCOUNTS
Melbournestreetfashion.com may, at its sole discretion,
request proof of identity of any registered user of the site.
TERMINATION
Melbournestreetfashion.com reserves the right, in its sole
discretion, to terminate your access to all or part of this site, with or
without notice.
AGREEMENT TO RULES OF USER CONDUCT
By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library,
or other interactive service that may be available to you on or through this
site, you agree that you will not upload, post, or otherwise distribute or
facilitate distribution of any content -- including text, communications,
software, images, sounds, data, or other information -- that: is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or
group of individuals), uses vulgar language in the creation of a Talking Head
or otherwise violates melbournestreetfashion.com's rules or policies or these
Rules of User Conduct; victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability; infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party; constitutes unauthorized or unsolicited advertising, junk
or bulk e-mail (also known as "Spamming"), chain letters, any other
form of unauthorized solicitation, or any form of lottery or gambling; contains
software viruses or any other computer code, files, or programs that are designed
or intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or You also agree
that you will not harvest or collect information about the users or members of
this site or use such information for the purpose of transmitting or
facilitating transmission of unsolicited bulk electronic e-mail or
communications. You further agree that you will not knowingly solicit or collect
personal information from a minor (anyone under 18 yrs old). Personal
information includes but is not limited to name, address, phone number or name
of their school. Melbournestreetfashion.com does not pre-screen, monitor, or
edit the content posted by users of communications services, chat rooms,
message boards, newsgroups, software libraries, or other interactive services
that may be available on or through this site. However,
melbournestreetfashion.com and its agents have the right at their sole discretion
to remove any content that, in melbournestreetfashion.com's judgment, does not
comply with the Rules of User Conduct or is otherwise harmful, objectionable,
or inaccurate. Melbournestreetfashion.com is not responsible for any failure or
delay in removing such content.
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