10seconds :: Terms & Conditions

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Terms and Conditions

Last Updated - 28th December 2005

10seconds.com.au and related infrastructure (“the network”) is owned and operated by 10seconds Pty Limited (ACN 116 521 487) ("10seconds"). Your access to the Network is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (known collectively as "Terms of Use"). Your use of, and/or access to, the Network constitutes your agreement to the Terms of Use. 10seconds reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Network.

Intellectual property and restrictions on use of Content on the Network

All information, text, material, graphics, software and advertisements on the Network ("Content") are Copyright ©2005 10seconds. The Content is protected by Australian and international copyright and trademark laws. Content on the Network 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 Network or expressly authorised in writing by 10seconds. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Network in any manner or for any purpose which is unlawful or in any manner which violates any rights of 10seconds or which is prohibited by the Terms of Use.

Communication facilities

The Network contains electronic bulletin boards, message posting and other communication facilities which provide for feedback by users ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Network 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.

10seconds may from time to time monitor or review the contents of its Communication Facilities. While 10seconds reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in 10seconds’ sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, 10seconds has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is 10seconds 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 Network are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

10seconds 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.

Using the 10seconds service via mobile communication devices

The cost of using the 10seconds customer feedback number (0400 10 10 05), regardless of the type of communication device (“device”), is the responsibility of the owner (“owner”) of the device. 10seconds receives and processes messages from devices in good faith and cannot be held responsible for any illegal or malicious use of the 10seconds service. 10seconds cannot be held personally liable for any costs incurred by an owner through the illegal or malicious use of their device.

User Licence

By placing any information or other material on the Network (including posting messages, inputting data or engaging in any other form of communication), you grant to 10seconds a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of 10seconds and any other party authorised by 10seconds all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of 10seconds, you will execute and deliver to 10seconds such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

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

The Network contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of 10secondsand 10seconds is not responsible for the contents of any linked website or any hyperlink contained in a linked website. 10seconds 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 10seconds. You link to any such website entirely at your own risk.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by 10seconds, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Disclaimer and limitation of liability

The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by 10seconds of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). 10seconds does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) 10seconds and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) 10seconds does not warrant that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) 10seconds does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not 10seconds) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of 10seconds) will 10seconds 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 Network or any Content. You expressly acknowledge and agree that 10seconds does not exert control over users of the Network (including individuals referred to on the Network 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.

To the fullest extent permitted by law, 10seconds’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of 10seconds to the following:

in the case of services supplied or offered by 10seconds, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again and
in the case of goods supplied or offered by 10seconds, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by 10seconds, and 10seconds may terminate this agreement and your access to the Network at any time without notice. In the event of termination, you are no longer authorised to access the Network, but all restrictions imposed on you, licenses granted by you and all 10seconds disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

10seconds relies on your continued observance of these Terms of Use. If 10seconds 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 10seconds for those losses, damages and costs.

The terms of this agreement apply to the full extent possible in relation to the supply by 10seconds of any content or services for the 10seconds short messaging service for mobile phone users ("SMS service")

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.