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Terms and Conditions of use .
That you are a person over the age of eighteen (18) years of age.
( 1 : ) You hereby acknowledge and agree that by participating in the Charters-Towers.com
website Programs and forum , you will be bound by all the terms and conditions in this Agreement.
You acknowledge and agree that your participation in, and benefits from, the Charters-Towers.com Program are subject to the following limitations:
Only persons over the age of eighteen (18) years may participate in the Charters-Towers.com Programs .
Charters-Towers.com shall at all times have the right, in its sole and exclusive discretion, to terminate the use of Charters-Towers.com Programs and any and all benefits relating to your participation in the Charters-Towers.com Programs at any time, and may do so with or without prior notice or cause.
Charters-Towers.com admin has the right to terminate your participation and any other person's participation in the Charters-Towers.com Programs at any time, and may do so with or without prior notice or cause.
( 2 : ) We have a responsibility to protect each client , user and provide the best services available. The following guidelines have been established to insure this intent is met.
( 3 : ) A limited nonexclusive, nontransferable, and revocable agreement to access the site Charters-Towers.com ,However, this license shall automatically and immediately cease upon the termination of this Agreement .
( 4 : ) Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
( 5 : ) Commercial Advertising- Email (SPAM): Spamming, or the sending of unsolicited email ,is STRICTLY prohibited and will qualify your site for immediate deactivation .
( 6 : ) No Commercial Advertising: without explicit permission in writing from the website administrator.
( 7 : ) That you will remain a Charters-Towers.com Program participant in good standing at all times in which you are receiving benefits or are otherwise participating in the Charters-Towers.com Programs. That you shall cease to be a Charters-Towers.com Programs participant in good standing and shall be subject to immediate termination of all Benefits without prior notice if you fail to perform under,or breach, any part of this Agreement.
( 8 : ) You acknowledge and agree that Charters-Towers.com shall have the right to deny You , and further acknowledge and agree that shall have the right, in
its sole and exclusive discretion, to determine what constitutes an abnormal act, and such grounds for membership termination. Any material which constitutes pornography or any matter which involves depictions of nudity or sexuality by a performer who does not appear to be of the appropriate age for such material. Any material, which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity. Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights, such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or any other rights. Any program, file, data stream, or other material which contains viruses, worms, "Trojan Horses," or any other destructive feature, regardless of whether or not damage is intended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person.
( 9 : ) Charters-Towers.com shall have the right, in its sole and exclusive discretion, and at any time, to expand or modify what it determines to constitute possible fraudulent activity. Where there have been sequential or multiple attempts to register or subscribe . Where there are multiple subscriptions from a single IP address within a short period of time. Where there are sequential or multiple subscriptions under different names or variations of the same name .
( 10 : ) Charters-Towers.com reserves the right, in its sole and exclusive discretion, and at any time, to alter or modify the Charters-Towers.com Programs including the method and terms of all benefits to Participants. Upon notice of any change in benefits under the Charters-Towers.com Programs,you shall have the right to withdraw or terminate your participation in the said Charters-Towers.com Programs .
( 11 : ) Nothing in this Agreement is intended by Charters-Towers.com or you, as the user of this website, to create or constitute a joint or collaborative venture or partnership of any kind between you, and/or your website, and Charters-Towers.com, You are a participant of your own free will and as such in no way, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between you, and/or your website, and Charters-Towers.com.
( 12 : ) That your relationship with Charters-Towers.com shall be restricted to matters pertaining to the Charters-Towers.com Programs and forums, exclusively, and shall be governed entirely by the terms and conditions of this Agreement.
( 13 : ) And that you shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through our website's. And all materials are provided to you "as is", and any use of Charters-Towers.com Programs and any associated materials, is solely at your own risk.
( 14 : ) You acknowledge and agree that under no circumstances shall Charters-Towers.com, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to you, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) with regard to any link to any Charters-Towers.com website, or arising from, or in connection with,
the use of the Charters-Towers.com Program, forum, materials, or due to any mistakes, omissions, delays, errors, or interruptions in the transmission or receipt of Charters-Towers.com' services, and content.
( 15 : ) Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Charters-Towers.com, its officers, employees, successors, or assigns be held liable to you for damages, injuries or losses of any kind, directly or indirectly resulting from your participation in the Charters-Towers.com Programs, forums, that the total dollar amount of liquidated damages for any and all of your claims, injuries, damages or losses shall not exceed a total amount of ten dollars Australian ($10.00 AUD).
( 16 : ) You further expressly agree not to raise any claim of any kind against Charters-Towers.com with regard to Charters-Towers.com Programs and you agree to hold Charters-Towers.com harmless from any claim of loss to you directly or indirectly resulting from your decision to participate in the Charters-Towers.com Programs, forums, pursuant to this Agreement.
( 17 : ) Charters-Towers.com shall not monitor, supervise, review, or be responsible for any content appearing or otherwise distributed on, at, or in association with our website except for that content which is supplied by Charters-Towers.com, provided that said content has not be altered or modified by you or any other party.
( 18 : ) You acknowledge and agree that the failure of Charters-Towers.com to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision's or the exercise of any other right hereunder. You acknowledge and agree that all promises, obligations, duties and warranties made by you in this Agreement are personal to you and that neither they, nor any benefits hereunder, may be assigned by you to any other person or entity.
( 19 : ) Any and all disputes as to the interpretation of, or any performance under, this Agreement that are not first resolved informally, shall be determined by binding arbitration in North Queensland, Australia, in accordance with the rules of the Australian Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry of a judgment by any court of competent jurisdiction within North Queensland, Australia, provided that such judgment does not conflict with the terms and provisions hereof.
( 20 : ) The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of North Queensland, Australia. This Agreement is executed in North Queensland, Australia and all its provisions shall be governed by and construed according to the laws and judicial decisions of the State of North Queensland, Australia when applicable.
( 21 : ) In case any of the provisions contained in this Agreement shall, for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision's had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision. For purposes of construction of this Agreement, you and Charters-Towers.com shall be deemed to have mutually drafted this Agreement and every provision thereof.
( 22 : ) You acknowledge and agree that nothing herein and no statement by Charters-Towers.com or any employee, representative, agent or other person associated with Charters-Towers.com, has in any way prevented or inhibited you in any way from seeking such advice prior to entering into this Agreement. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair, that all terms have been fully disclosed in writing, and you have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith. By clicking on any button or link on any Page, and by supplying Charters-Towers.com with all the required information to sign-up you to use any Charters-Towers.com programs, you are acknowledging that you agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement herein.
( 23 : ) That you will not copy, reproduce, alter, modify, change, broadcast, distribute, transmit, That you will not, directly or indirectly, link any of the following content or material to any Charters-Towers.com website through any hyperlinks maintained or created on your website: Obscene material, including without limitation any material depicting adult content. Any material, which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors. Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations.
( 24 : ) That you will not use any form of mass, unsolicited electronic mail solicitations, news group postings, IRC postings, or any other form of spamming as a means of promoting Charters-Towers.com, or for the purpose of directing or referring users to any websites owned, operated or controlled by you. You further acknowledge and agree that Charters-Towers.com has the right to immediately, and without notice, terminate your participation in the use of Charters-Towers.com Program if
Charters-Towers.com admin, in our sole and exclusive discretion, concludes that you have engaged in the use of any form of mass, unsolicited electronic mail solicitations, news group postings, password selling or trading, IRC posting or any other form of spamming .
( 25 : ) Threats and unlawful conduct: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
( 26 : ) Fraud: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
( 27 : ) Attacks and Exploits: Any activity which affects the ability of other people or systems to use any services or other internet services. A client may not, through action or inaction, allow others to use Charters-Towers.com for illegal or inappropriate actions. Unauthorised entry and/or use of another company and/or individual's computer system will result in immediate account termination.We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of our or other systems.
( 28 : ) Security : You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Sharing your password and account access with unauthorised users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any account account.Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
( 29 : ) Disclosure: Charters-Towers.com specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber , user.
( 30 : ) Modifications: These terms may be modified at any time and without notice. All users previous and new clients are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We may or may not elect to post updates to our policies .
( 31 : ) Use of company services constitutes acceptance and agreement to the Terms of Service and Acceptable Use Policy .
( 32 : ) You acknowledge and agree that Charters-Towers.com may, from time to time and in its sole and exclusive discretion, modify the terms and conditions .