Science a GoGo Website Terms and Conditions
These terms and conditions apply to the use of this website, www.scienceagogo.com (the "Website"), including participation in our discussion forums. In using the Website, you agree to be bound by these terms and conditions. These terms and conditions constitute a binding licence agreement between you and us. If you do not accept these terms and conditions, you must refrain from using the Website. If you remain on the Website, or return at a later date, you agree to be bound by these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Website.
In these terms and conditions, the terms "we", "us" and "our" are a reference to McMurdo Media Pty Ltd.
In consideration for you agreeing to the terms and conditions of the licence agreement contained herein, we agree to provide you with the non-exclusive right to:
- view the material contained on the Website;
- access material contained on the Website;
- post information in the discussion forum (conditional upon your registration as a member); and
- otherwise use the website in accordance with these terms and conditions.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments to these terms and conditions will be effective immediately upon us posting a notice of those amendments on the Website. Your continued use of the Website following the posting of such a notice on the Website will represent an agreement by you to be bound by the terms and conditions as amended.
In order to be able to post information in the discussion forum, you must register as a member. To become a member, you must complete your registration details in the manner described on the Website. Membership is free but non-transferable.
We reserve the right to terminate your membership at any time if you breach these terms and conditions. If you are not a member, you are entitled to access the discussion forum for reading purposes only. Persons in this category are described as "guests".
Membership of the discussion forum is only open to you if you are 18 years of age or over. If you are under 18 years of age, you must not register as a member of the discussion forum.
By accessing the Website (including the materials contained in the discussion forum) and/or by registering as a member of our discussion forum, you agree to abide by the following terms and conditions:
- you acknowledge that any information or material submitted by you to the discussion forum is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
- when you submit material to the discussion forum, you assign all copyright which subsists in such material to us;
- you are responsible for protecting the confidentiality of your password;
- you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, sexually oriented or ethnically objectionable;
- you agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members;
- you agree not to impersonate any other person;
- you agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions and to refrain from providing us or any other user of the Website with inaccurate, misleading or false information;
- you agree to us the Website in a manner consistent with all applicable local, state, national and international laws and regulations;
- you agree not to post or transmit any unsolicited advertising or promotional materials;
- you acknowledge that we may cancel, suspend or otherwise terminate your registration as a member at any time without notice;
- any material which you post may be removed by us in part or in full from the discussion forum without notice at any time. However, our right to remove material is not to be construed as placing an obligation on us to monitor any material posted by you or any other person;
- you acknowledge that if you choose, when you register as a member, to make your email address visible when you make a post, other persons will be able to obtain your email address from any post which you make in the discussion forum;
- you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
- you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- you accept that any material or information provided by you may be posted in the discussion forum for any other members or guests to read;
- you acknowledge and agree that the internet protocol address (commonly referred to as an "IP address") of the computer from which you access the Website will be logged each time you post material in the discussion forum such that a permanent record will be created that the Website was accessed by the computer in question;
- you agree to promptly report to us any breach of these terms and conditions by a user of the Website;
- all information provided by us in our discussion forum is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice;
- we do not make any representations or warranties that the information we provide in the discussion forum is reliable, accurate or complete or that your access to the discussion forums will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the discussion forum;
- we do not accept any liability for the accuracy or content of any material posted by other members of the discussion forum. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
- we do not accept any responsibility or liability for any information or material which you submit to the discussion forum, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the discussion forum;
- we do not warrant that we will respond to questions or comments submitted by you to our discussion forums;
- if you download any material from the discussion forum, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
We do not warrant that any material you submit to the discussion forum will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the discussion forum. If we elect, in our sole discretion, to post your information or material in the discussion forum, we do not warrant that the material or information you submit will be posted within a certain timeframe.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you (whether you are a guest or member) may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Exception to Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the discussion forum facility, corruption to or loss of data, errors or interruptions, inaccurate or incomplete material, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members' obligations as set out in these terms and conditions or any content transmitted by a non-member.
You must indemnify us and our related bodies corporate and our directors and employees against any and all liability, damage, claim, loss, costs and expenses which we may incur to a third party arising out of a breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.
You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
- commercialise any information, products or services obtained from any part of this Website; without our prior written permission.
If you use any of our trade marks (whether those trade marks are registered or not) in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including the Website).
Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. Subject to the other terms and conditions contained herein, you are authorised to print a copy of any information contained on the Website for your personal use. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the Website.
This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
You may be required to agree to and comply with a third party's terms and conditions in relation to the use of that third party's website.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take those steps which we believe, in our absolute discretion, to be reasonable in order to preserve the security of such information.
Termination of Access
Your access to the Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. Similarly, the failure of us to enforce any provision of these terms and conditions at any time does not deem, nor is it to be taken as constituting, a waiver of our rights to enforce those provisions.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Amended December 14, 2006.