("Elite Designs Pty Ltd," "we," "us," and "our") provides this web site (the “Web Site”) subject to these Terms of Use and all modifications thereto ("Terms of Use"). "You", "you" and "your" refer to each company, supplier, or person that uses this Web Site. All personal information collected through this Web Site is subject to our Privacy Statement which is incorporated herein by reference.
ACCEPTANCE OF TERMS THROUGH USE
BY ENTERING AND USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THIS TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS WEB SITE. WE MAY, AT OUR SOLE DISCRETION, UPDATE OR REVISE THIS TERMS OF USE AT ANY TIME. ANY UPDATES OR REVISIONS OF THIS TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEB SITE. PLEASE CHECK THIS TERMS OF USE PERIODICALLY FOR UPDATES OR REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEB SITE FOLLOWING THE POSTING OF ANY UPDATES OR REVISIONS TO THIS TERMS OF USE CONSTITUTES CONFIRMATION OF YOUR ACCEPTANCE OF THIS TERMS OF USE AS UPDATED OR REVISED.
LICENSE
Elite Designs Pty Ltd grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Elite Designs Pty Ltd Web Site. Further, Elite Designs Pty Ltd grants you a limited, nonexclusive and revocable right to create a hyperlink to the Elite Designs Pty Ltd Web Site, provided your link does not portray Elite Designs Pty Ltd, its affiliates, Elite Designs Pty Ltd suppliers, or their respective goods or services in a false, misleading, derogatory, or otherwise offensive manner.
ELECTRONIC COMMUNICATIONS
You agree that we may communicate with you electronically by way of e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONDITIONS AND RESTRICTIONS ON USE
Use of this Web Site is governed by this Terms of Use. You agree to comply with all procedures, rules and policies established by us (and communicated electronically by us to you by way of e-mail or by posting notices on this Web Site), and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.).
You agree to use this Web Site only for lawful purposes.
You agree that you are responsible for obtaining access to the Web Site, including, but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Web Site.
You may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages or other material ("User Content") that
(i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
(ii) constitutes a breach of any person's privacy or publicity rights;
(iii) violates any statute, regulation or ordinance;
(iv) promotes software or services that deliver unsolicited mail; or
(v) promotes, encourages, or facilitates terrorism or other activities that risk Australia's national security.
You may not upload, post, e-mail or otherwise transmit any User Content on or through the Web Site that
(i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Web Site or with other users of this Web Site,
(ii) is knowingly untrue, inaccurate or misleading, or
(iii) interferes with the operation of the Web Site in any manner.
You further agree that you will not:
(a) Impersonate any person or entity, including, but not limited to, a Elite Designs Pty Ltd officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
(c) Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;
(d) Harvest, collect or store information about the users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
(e) Use any automated procedure to gather information or data from the Web Site by means of what is commonly called a "bot" or otherwise;
(f) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site);
(g) Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site; or
(h) Duplicate, copy or otherwise exploit the Web Site or its contents for commercial purposes.
Elite Designs Pty Ltd may, at its sole discretion, suspend or terminate your access to this Web Site, without prior notice, if Elite Designs Pty Ltd believes that your conduct fails to conform to this Terms of Use.
JURISDICTION, VENUE, STATUTE OF LIMITATIONS
This Terms of Use shall be governed by the laws of the Commonwealth of Australia, without reference to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to this Web Site, the Terms of Use, or the Services of Elite Designs Pty Ltd shall be filed exclusively in the state or federal courts located in Australia, and you hereby consent and submit to the personal jurisdiction of such courts.
You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site, this Terms of Use, or the Services of Elite Designs Pty Ltd must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.
IF YOU USE THIS WEB SITE FROM OUTSIDE AUSTRALIA, YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU USE THIS WEB SITE.
INTELLECTUAL PROPERTY
Nothing within the Terms of Use and this Web Site shall be construed as conferring any license under the Terms of Use of any of Elite Designs Pty Ltd intellectual property rights, or those of a third party, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Web Site is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Web Site. You agree not to use any of the trademarks or service marks or other content accessible through this Web Site for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Web Site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Web Site or any software or programs used in connection with this Web Site.
Elite Designs Pty Ltd will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of Elite Designs Pty Ltd materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
CLAIMS AND OTHER DISPUTES
If you notify Elite Designs Pty Ltd of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, User Content and other material on Elite Designs Pty Ltd Web Site (collectively "Content") that is allegedly infringing, defamatory, damaging, illegal, or offensive, Elite Designs Pty Ltd may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Elite Designs Pty Ltd Web Site. Elite Designs Pty Ltd may disclose any Content or electronic communication of any kind
(i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate the Elite Designs Pty Ltd Web Site; or
(iii) to protect the rights or property of Elite Designs Pty Ltd and its officers, directors, employees, agents, third-party content providers, Elite Designs Pty Ltd Suppliers, sponsors, and licensors and any other user.
LIMITATION OF LIABILITY
YOUR USE IS AT YOUR OWN RISK AND NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING OR OPERATING THIS WEB SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY,
(1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEB SITE OR
(2) THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.
Notwithstanding the fact that Elite Designs Pty Ltd or other parties involved in creating, producing, or delivering this Web Site may monitor or review transmissions, postings, discussions, or chats, Elite Designs Pty Ltd and all parties involved in creating, producing, delivering or operating this Web Site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
LINKS TO OTHER WEB SITES
Although this Web Site may be linked to other web sites, Elite Designs Pty Ltd is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked web site, unless specifically stated herein.
Elite Designs Pty Ltd is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their web sites. Elite Designs Pty Ltd does not assume any responsibility or liability for the actions, Products, and content of any other third parties. You should carefully review the privacy statements and other conditions of use or any web site which you access through a link from this Web Site.
Your linking to any other off-site pages or other web sites is at your own risk.
WARRANTY DISCLAIMER
THIS WEB SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ELITE DESIGNS PTY LTD AND ITS AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:
(I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THIS WEB SITE OR THE SITE CONTENT THEREON;
(II) ANY WARRANTY THAT THIS WEB SITE AND Elite Designs Pty Ltd OTHER WEB SITES WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND
(III) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL CONTENT, NON-INTERFERENCE AND NON-INFRINGEMENT.
ELITE DESIGNS PTY LTD MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE AUSTRALIA. IF YOU USE THIS WEB SITE FROM LOCATIONS OUTSIDE AUSTRALIA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS WEB SITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
INDEMNIFICATION
You agree to defend and indemnify Elite Designs Pty Ltd and its employees and suppliers from any claim or demand, including reasonable solicitor’s fees, arising from your failure to comply with this Terms of Use, your violation of any law or the rights of a third party.
ADDITIONAL TERMS
If any provision of this Terms of Use is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Use, and any part of such provision not held invalid or unenforceable shall remain in effect.
If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Use, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.
Notwithstanding anything herein to the contrary, the "Warranty Disclaimer" and the "Limitation of Liability" language shall survive the termination of this Terms of Use.
The provisions of this Terms of Use will inure to the benefit of and be binding upon Elite Designs Pty Ltd and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.
You and the persons you represent may not assign this Terms of Use or the rights and obligations under this Terms of Use without the express prior written consent of Elite Designs Pty Ltd, which may be withheld in Elite Designs Pty Ltd sole discretion.
Elite Designs Pty Ltd may assign this Terms of Use and its rights and obligations under this Terms of Use without your consent or the consent of any persons you represent. Nothing contained in this Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
ELITE DESIGNS PTY LTD FAILURE TO ENFORCE ANY PROVISION OF THE TERMS OF USE OR TO ACT WITH RESPECT TO A BREACH OF THE TERMS OF USE BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF ELITE DESIGNS PTY LTD RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF ELITE DESIGNS PTY LTD RIGHT TO ENFORCE SUCH PROVISION.
