Welcome to this Aussie Tech Heads site, which is owned and operated by The Secret Hub Pty Ltd ("Aussie Tech Heads"). The services offered by Aussie Tech Heads include any Aussie Tech Heads - branded URL, mobile application (collectively, the "Site"), ATH Web Hosting, Aussie Tech Heads messaging services, video services, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered from time to time by Aussie Tech Heads in connection with Aussie Tech Heads (collectively, the "Aussie Tech Heads Services"). Aussie Tech Heads is based in Australia and the Aussie Tech Heads Services are hosted in Singapore.
Aussie Tech Heads furnishes the Site and the Aussie Tech Heads Services for your personal enjoyment and entertainment. By visiting the Site (whether or not you are a registered member) or using the Aussie Tech Heads Services, you accept and agree to be bound by this Terms of Use Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. Aussie Tech Heads may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. Your continued use of the Site or the Aussie Tech Heads Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Aussie Tech Heads Services immediately. Your access to and use of certain Aussie Tech Heads Services may require you to accept additional terms and conditions applicable to such Aussie Tech Heads Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).
PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND AUSSIE TECH HEADS UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND AUSSIE TECH HEADS WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorised to post messages or participate in "Forums" (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify Aussie Tech Heads immediately if you suspect any unauthorised use of, or access to, your account or password.
Termination
This Agreement remains in full force and effect while you use the Aussie Tech Heads Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by Contacting Us advising Terminate My Account. Aussie Tech Heads may terminate your account and/or access to the Aussie Tech Heads Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Aussie Tech Heads Services is terminated, this Agreement will remain in effect. You agree that your account is non - transferable and any rights to your account terminate upon your death.
Fees
You acknowledge that Aussie Tech Heads reserves the right to charge subscription fees for any portion of the Aussie Tech Heads Services. If you continue to use the Aussie Tech Heads Services after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If Aussie Tech Heads suspends or terminates your account and/or access to the Aussie Tech Heads Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.
Purchasing Site Services or Products
If you purchase any service or product on the Site, ("Site Product"), you may be required to provide personal information, including credit card and billing information ("Personal Financial Information"), to an independent third party company (or companies) selected by, but not affiliated with, Aussie Tech Heads (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorised to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.
Aussie Tech Heads makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Aussie Tech Heads provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilising your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects your Personal Financial Information, Aussie Tech Heads will in no way be responsible or liable to you for any such breach.
Aussie Tech Heads Content
The Aussie Tech Heads Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of Aussie Tech Heads ("Aussie Tech Heads Content"). Aussie Tech Heads Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Aussie Tech Heads, Aussie Tech Heads owns and retains all rights in the Aussie Tech Heads Content and the Aussie Tech Heads Services. Aussie Tech Heads hereby grants you a limited, revocable, nonsublicensable license to access and display the Aussie Tech Heads Content (excluding any software code) solely for your personal, non - commercial use in connection with viewing the Site and using the Aussie Tech Heads Services. The Aussie Tech Heads Services may also contain Content of users and other Aussie Tech Heads licensors. Except as provided in this Agreement or as explicitly allowed on the Aussie Tech Heads Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Aussie Tech Heads Services.
Except as explicitly and expressly permitted by Aussie Tech Heads, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on - line postcards, montages, mash - ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Aussie Tech Heads Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web - based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo - filtering mechanisms. You may not build a business utilising the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorisation from Aussie Tech Heads. Requests for permission to reproduce or distribute materials can be made by Contacting Us, advising Subject: Content Request.
Your Use of Aussie Tech Heads Services
The Aussie Tech Heads Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorisation from Aussie Tech Heads. Aussie Tech Heads reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Aussie Tech Heads Services (collectively, "User Content"). Accordingly, please choose carefully the information that you post on, through or in connection with the Aussie Tech Heads Services. You understand that Aussie Tech Heads does not control the User Content posted by users via the Aussie Tech Heads Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Aussie Tech Heads assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Aussie Tech Heads Services, please report this immediately to Aussie Tech Heads by Contacting Us advising Subject: Misuse of Aussie Tech Heads Services. Aussie Tech Heads assumes no responsibility for monitoring the Aussie Tech Heads Services for inappropriate Content or conduct. If at any time, Aussie Tech Heads chooses in its sole discretion to monitor the Aussie Tech Heads Services, Aussie Tech Heads nonetheless assumes no responsibility for Content other than Aussie Tech Heads Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the Aussie Tech Heads Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programmes that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorised access to the Aussie Tech Heads Services, including Aussie Tech Heads' servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Aussie Tech Heads Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Aussie Tech Heads Services, or to circumvent or modify any security technology or software that is part of the Aussie Tech Heads Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Aussie Tech Heads Services. If you do so, you acknowledge you will have caused substantial harm to Aussie Tech Heads, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Aussie Tech Heads A$50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Aussie Tech Heads' prior written consent;
- Use the Aussie Tech Heads Services to advertise or promote competing services;
- Use the Aussie Tech Heads Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Aussie Tech Heads reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Aussie Tech Heads in its sole discretion. You acknowledge Aussie Tech Heads reserves the right to investigate and take appropriate legal action against anyone who, in Aussie Tech Heads' sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Aussie Tech Heads may access, preserve or disclose information you provide to the Site, including User Content, when Aussie Tech Heads has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Aussie Tech Heads, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Aussie Tech Heads Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Message Boards and Public Forums
The Site offers users the ability to post public messages on message boards, chat rooms and forums ("Forums"), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and Aussie Tech Heads cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Aussie Tech Heads is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. Aussie Tech Heads reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
Aussie Tech Heads does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Aussie Tech Heads Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by Aussie Tech Heads or any Affiliated Company. By posting any User Content on, through or in connection with the Aussie Tech Heads Services, you hereby grant to Aussie Tech Heads and our Affiliated Companies, licensees and authorised users, a perpetual, non - exclusive, fully - paid and royalty - free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Aussie Tech Heads is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Aussie Tech Heads Services. Aussie Tech Heads's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Aussie Tech Heads reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Aussie Tech Heads Services. You hereby appoint Aussie Tech Heads as your agent with full authority to execute any document or take any action, Aussie Tech Heads may consider appropriate in order to confirm the rights granted by you to Aussie Tech Heads in this Agreement.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Aussie Tech Heads Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Aussie Tech Heads Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Aussie Tech Heads Services or Third Party Services. If you delete your User Content from any Aussie Tech Heads Service, Aussie Tech Heads' license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Aussie Tech Heads back-up copies of the applicable Aussie Tech Heads Service, which are not publicly available. Furthermore, to the extent that Aussie Tech Heads made use of your User Content before you deleted it, Aussie Tech Heads will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from Aussie Tech Heads Services will not result in, and Aussie Tech Heads assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from Aussie Tech Heads Services, and (ii) termination of your account or your use of the Aussie Tech Heads Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Copyrights and Other Intellectual Property
Aussie Tech Heads respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Aussie Tech Heads has a policy of terminating repeat infringers' access to the Aussie Tech Heads Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright, please Contact Us advising the details around the infringements.
Third Party Links and Services
The Aussie Tech Heads Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a Third Party Service, you are interacting with the third party, not with Aussie Tech Heads. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service's privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Aussie Tech Heads is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Aussie Tech Heads Services does not imply approval or endorsement of the Third Party Service. Aussie Tech Heads is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the Aussie Tech Heads Services, you acknowledge and agree that Aussie Tech Heads is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. Aussie Tech Heads encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting.
Member Disputes
You are solely responsible for your interactions with other Aussie Tech Heads users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Aussie Tech Heads Services. Aussie Tech Heads reserves the right, but has no obligation, to become involved in any way with these disputes.
Privacy
Use of the Aussie Tech Heads Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers
The Aussie Tech Heads Services are provided "AS - IS" and "as available" and Aussie Tech Heads does not guarantee or promise any specific results from use of the Aussie Tech Heads Services. Aussie Tech Heads expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non - infringement. In particular, Aussie Tech Heads makes no warranty that your use of the Aussie Tech Heads Services will be uninterrupted, timely, secure or error - free or that any information obtained by you on, through or in connection with the Aussie Tech Heads Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Aussie Tech Heads be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Aussie Tech Heads Services, problems or technical malfunction in connection with use of the Aussie Tech Heads Services, attendance at a Aussie Tech Heads event, any material downloaded or otherwise obtained in connection with the Aussie Tech Heads Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Aussie Tech Heads Services, or the conduct of any users of the Aussie Tech Heads Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Aussie Tech Heads.
Limitation on Liability
IN NO EVENT WILL AUSSIE TECH HEADS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE AUSSIE TECH HEADS SERVICES, EVEN IF AUSSIE TECH HEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AUSSIE TECH HEADS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AUSSIE TECH HEADS FOR THE AUSSIE TECH HEADS SERVICES DURING THE TERM OF YOUR USE OF THE AUSSIE TECH HEADS SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF AUSSIE TECH HEADS' ACTS OR OMISSIONS OR YOUR USE OF AUSSIE TECH HEADS SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE AUSSIE TECH HEADS SERVICES.
Arbitration Agreement
(1) Aussie Tech Heads, including its Aussie Tech Heads Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and Aussie Tech Heads may have against the other that arise out of or relate to the Aussie Tech Heads Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the "Arbitration Agreement") and the scope or applicability of this Arbitration Agreement (collectively, "Disputes"), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Aussie Tech Heads agrees to give up the right to sue in court. Each of you and Aussie Tech Heads also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Aussie Tech Heads. The only exceptions to this Arbitration Agreement are that (i) each of you and Aussie Tech Heads retains the right to sue in small claims court and (ii) each of you and Aussie Tech Heads may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) Any arbitration between you and Aussie Tech Heads will be conducted by the relevant Authority in the State of Queensland, Australia
(3) If either you or Aussie Tech Heads wants to arbitrate a Dispute, you or Aussie Tech Heads must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Aussie Tech Heads Service to which the Notice relates, and the relief requested.
(4) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(5) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order Aussie Tech Heads to pay any monies to or take any actions with respect to persons other than you, unless Aussie Tech Heads explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND Aussie Tech Heads AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless Aussie Tech Heads agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Aussie Tech Heads must be pursued, will remain in effect.
(6) You and Aussie Tech Heads agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
Disputes
This Agreement will be governed by, and construed in accordance with, the laws of Queensland, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Aussie Tech Heads agree to submit to the exclusive jurisdiction of the courts located in Gold Coast, Queensland to resolve any dispute arising out of this Agreement or the Aussie Tech Heads Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS - CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE AUSSIE TECH HEADS SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity
You agree to indemnify and hold Aussie Tech Heads, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable legal fees, made by any third party due to or arising out of your use of the Site or the Aussie Tech Heads Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Aussie Tech Heads Services.
Unsolicited Submissions
Aussie Tech Heads does not knowingly accept, via the Aussie Tech Heads Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Aussie Tech Heads's policy is to simply delete any such submission without reading it or forwarding it to other Aussie Tech Heads staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Aussie Tech Heads or Affiliated Company creative work including, without limitation, a programme, podcast, video, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Aussie Tech Heads via the Aussie Tech Heads Services (including but not limited to any public forum), however, such submissions and copyright become the property of Aussie Tech Heads and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Aussie Tech Heads sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Aussie Tech Heads or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Employment Opportunities
Aussie Tech Heads may, from time to time, post Aussie Tech Heads employment opportunities on the Aussie Tech Heads Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Aussie Tech Heads in response to employment listings, you are authorising Aussie Tech Heads to utilise this information for all lawful and legitimate hiring and employment purposes. Aussie Tech Heads also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the Aussie Tech Heads Services will constitute a promise by Aussie Tech Heads to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Aussie Tech Heads Services constitute a promise that Aussie Tech Heads will review any or all of the information submitted to it by users of the Aussie Tech Heads Services.
Trademarks
Aussie Tech Heads, and the Aussie Tech Heads logo are trademarks of Aussie Tech Heads, The Secret Hub Pty Ltd and Glenn Goodman. All other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of Aussie Tech Heads or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.
©Aussie Tech Heads, All rights reserved.
Other
The failure of Aussie Tech Heads to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices Aussie Tech Heads may be required by Applicable Law to send to you will be effective upon Aussie Tech Heads's sending an e-mail message to the e-mail address you have on file with Aussie Tech Heads or publishing such notices on the informational page(s) of Aussie Tech Heads Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aussie Tech Heads as a result of this Agreement or your use of the Aussie Tech Heads Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Aussie Tech Heads's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Aussie Tech Heads Services or information provided to or gathered by us in connection with such use.
Please contact us advising Subject: Question Regarding Terms of Use with any questions regarding this Agreement.