1. General
Welcome to "FalconGT.com.au" ("the service") - a
website and service of FoPoCo. Pty Ltd. As part of the service, FoPoCo.
Pty Ltd. agrees to provide you with information and other computer functions
subject to this Terms of Service Agreement. Upon notice published through
the service, FoPoCo. Pty Ltd. may amend or modify this Agreement at any time.
You agree to use FalconGT.com.au in accordance with the Terms of Service
Agreement.
2. Rights
This website is owned and operated by FoPoCo.
Pty Ltd. and contains material which is
derived in whole or in part from FoPoCo. Pty Ltd. and
other sources. The material contained in this site is protected by the
trademark, and other intellectual property laws. You may not copy, modify,
reproduce, republish, upload, transmit, post, or distribute in any way any
material from this site, including code and software. You may download material
from this site for your personal, non-commercial use only, provided the material
retains all copyright or other proprietary notices.
3. License Use, copy, sublicense,
adapt, transmit, publicly perform or display any such communication. Sublicense
to third parties conveying the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication. And the foregoing
grants shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright, trademark,
service mark or patent laws under any relevant jurisdictions.
By posting messages, inputting data,
uploading files, or engaging in any other form of communication through this
service, you grant FoPoCo. Pty Ltd. a
perpetual, non-exclusive, royalty-free, unrestricted and worldwide license to:
4. Limitation of
liability
Under no circumstances, including, but not
limited to negligence, shall FoPoCo. Pty Ltd.
or their affiliated companies be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of, or the inability
to use FalconGT.com.au materials. By using this service, you specifically
acknowledge & agree that FoPoCo. Pty Ltd.
is not liable for any defamatory, offensive or illegal conduct of its users. If
you are dissatisfied with any of the service's material, or with any of FoPoCo.
Pty Ltd.'s terms and conditions, your sole
and exclusive remedy is to discontinue use of the service.
Also, FoPoCo. Pty Ltd. may offer for purchase different types of products and services online that are provided by third parties. FoPoCo. Pty Ltd. is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and/or services. As a condition of using FalconGT.com.au you release FoPoCo. Pty Ltd. and its affiliates from any damages that you incur, agreeing not to assert against them any claims arising from your use of these third-party products or services.
5. Bulletin
boards, Forums, Chat Rooms and Discussion Groups
This service may include forums, guest
books, bulletin boards, discussion groups and/or chat rooms (collectively, the
"bulletin boards") which allow direct feedback to FoPoCo. Pty
Ltd. or real-time interaction between users
of this service. FoPoCo. Pty Ltd.
does not control the messages, information or files delivered to said boards. It
is a condition of your use of the bulletin boards and the service that you do
not:
A. Restrict or inhibit others' use or enjoyment of the bulletin boards.
B. Transmit or post any abusive, unlawful, libelous, defamatory, obscene, vulgar, pornographic, profane, threatening, or indecent information of any kind, including without limitation any transmissions or posts which constitute (or encourage conduct constituting) a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
C. Transmit or post any information, software or other material which violates or infringes upon the rights of others, including material which constitutes an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right-holder.
D. Transmit or post any information, software or other material which contains a virus or other component which is potentially harmful to the service or its users.
E. Transmit, post, or in any way exploit any information, software or other material for commercial purposes, or containing advertising.
FoPoCo. Pty Ltd. has no obligation to monitor the bulletin boards. However, FoPoCo. Pty Ltd. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in FoPoCo. Pty Ltd. sole discretion are objectionable or in violation of these terms and conditions.
6. Privacy
Some user information (e.g. user name and
e-mail address) is being collected, but no such user information is being sold
to third parties.
7. Disclaimer
FalconGT.com.au includes links
and/or pointers to Internet sites maintained by third parties. Neither FoPoCo.
Pty Ltd. nor their affiliates operate or control in any respect any information,
products or services on these third-party sites. All materials in this website
and the third-party sites are provided "as is" and without warranties
of any kind either express or implied. To the fullest extent permissible
pursuant to applicable law, FoPoCo. Pty Ltd. disclaims all warranties, express
or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose.
FoPoCo. Pty Ltd. does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites, relative to their correctness, accuracy, timeliness, reliability or otherwise. FoPoCo. Pty Ltd. does not warrant that any functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server through which the service is made available, are free of viruses or other harmful components. As a condition of using FalconGT.com.au, you assume all costs for maintenance, repair or correction of any equipment used to access materials which are included as part of the service.
8. Termination
This agreement is effective until terminated
by FoPoCo. Pty Ltd. at any time,
without notice. In the event of termination, you are no longer authorized to
access the service or the bulletin boards. At such time as the service is
terminated, all restrictions imposed on you with respect to material downloaded
from the bulletin boards, the disclaimers and limitations of liabilities set
forth in this agreement, shall survive.
9. Other
This Terms of Service Agreement constitutes
the entire agreement between FoPoCo. Pty Ltd. and
you with respect to the subject matter contained herein and supercedes all
previous and contemporaneous agreements, proposals and communications, written
or oral.
FoPoCo. Pty Ltd. may amend or modify this Terms of Service Agreement or impose new conditions at any time. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on FalconGT.com.au. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
This agreement shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.