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OUR TERMS OF SERVICE

Introduction

The dtour (also referred to as "the community") is privately owned and operated ("dtour"). Your access to the community is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere in the community (known collectively as "Terms of Service"). Your use of, and/or access to, the community constitutes your agreement to the Terms of Service. dtour reserves the right to amend the Terms of Service at any time. Since you are bound by these Terms, you should periodically refer to them in this document and elsewhere in the community.

1. Intellectual property and restrictions on use of Content

All information, text, material, graphics, software and advertisements on the community ("refered to as the Content") are Copyright © 2002 dtour, its suppliers and/or licensors unless expressly indicated otherwise in the community. The Content is protected by Australian and international copyright and trademark laws. Content on the Community is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the community or expressly authorised in writing by dtour or its Affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the community (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may using an industry-standard Web browser, download and view the Content for your personal, non-commercial use.

2. Communication facilities

The community contains electronic bulletin/message boards, chat rooms and other communication facilities which provide for feedback by users to dtour, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to the Community that you do not do any of the following:

  • restrict or inhibit any other user from using or enjoying any Forum
  • post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  • post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  • post or transmit any material of any kind which contains a virus or other harmful component;
  • post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
  • download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
dtour may from time to time monitor or review the contents of its Communication Facilities. While dtour reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in dtour's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Service, dtour has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is dtour responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Community are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.dtour reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

3. User licence to dtour

By placing any information or other material on the Community (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to dtour a licence to do the following in respect of the information or material to use, copy, transmit, publish and/or broadcast it.

4. Advertising, links to third party websites and e-commerce offers

The Community contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of dtour, and dtour is not responsible for the contents of any linked web or any hyperlink contained in a linked website. dtour provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by dtour or its Affiliates. You link to any such website entirely at your own risk. The Community also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by dtour or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

5. Disclaimer

Under no circumstances (including but not limited to any act or omission on the part of dtour) will dtour or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Community or any Content. You expressly acknowledge and agree that dtour does not exert control over users of the Community (including individuals referred to on the Community as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

6. Termination

The Terms of Use are effective until terminated by dtour, and dtour may terminate this agreement and your access to the Community at any time without notice. In the event of termination, you are no longer authorised to access the Community, but all restrictions imposed on you, licenses granted by you and all dtour disclaimers and limitations of liability set out in the Terms of Use will survive.

7. Miscellaneous

dtour relies on your continued observance of these Terms of Use. If dtour suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify dtour for those losses, damages and costs.

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.


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