Terms and Conditions
Legal Information & Notices
Ownership of Site: Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Screenplaces website located at www.screenplaces.com ("The Site"). The site is the property of Screenplaces Pty Ltd ("Screenplaces") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Screenplaces shall, at its sole discretion, change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. If you continue to use the Site following the posting of changes it means that you accept and agree to the changes. While you comply with these Terms of Use, Screenplaces grants you a personal, non-exclusive, non transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user and visual interfaces, photographs, trademarks, logos, sound, music, artwork and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Screenplaces and is protected by trade dress, copyright, patent, and trademark law, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Screenplaces express prior written consent.
Your Use of the Site
You may not:
- Use any "deep link"," page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any similar equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Screenplaces reserves the right to bar any such activity.
- Attempt to gain unauthorized access to any portion of the Site, or any other systems or networks connected to the Site or to any Screenplaces server, or to any of the services offered on or through the Site, by hacking, password, "mining", or any other illegitimate means.
- Probe, scan, or test the vulnerability of the Site or any Network connected to the Site, not breach the security or authentication measures on the Site or any network connected to the Site.
- Reverse look-up, trace, seek to trace any information on any other user or visitor to the Site, or any other customer of Screenplaces, including any Screenplaces account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send Screenplaces on or through the Site or any service offered on or through the Site.
- Pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
- Use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activity or other activity that infringes the rights of Screenplaces or others.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Screenplaces systems or networks, or any systems or networks connected to the Site or to Screenplaces.
Screenplaces obligations, if any, with regard to its products are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Screenplaces may make any changes to any products offered on the Site, or to the applicable prices for any such products or services at any time, without notice. The materials on the Site with respect to products may be out of date, and Screenplaces makes no commitment to update the materials on the Site with respect to such products.
The following terms also govern and apply to your use of the Site, and they are incorporated by this reference:
Trademark Information
Copyright Information
Rights and Permissions
Claims of Copyright Infringement
Piracy Prevention
Report Piracy
Software Licence Information
Legal Contracts
Each of these policies may be changed from time to time and are effective immediately upon posting such changes of the Site.
Accounts, Passwords and Security
To purchase Screenplaces you will be required to open an account. You are entirely responsible for maintaining the confidentiality of your account information including your password and for any and all activity that occurs under your account. You agree to notify Screenplaces immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Screenplaces or any other user of or visitor to the Site due to someone else using your Screenplaces ID, password or account.
You may not use anyone else's Screenplaces ID, password or account at any time without the express permission and consent of the holder of that Screenplaces ID, password or account. Screenplaces cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
By using this Site, you acknowledge and agree that the Internet transmissions are never completely private or secure. You understand that any message of information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Disclaimers
SCREENPLACES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IF SUBJECT TO CHANGE WITHOUT NOTICE. SCREENPLACES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SCREENPLACES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCREENPLACES DISCLAIMS ANY OR ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OR ANY THIRD PARTIES IN CONNECTIONS WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST SCREENPLACES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THE LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line, failure, theft or destruction of or unauthorised access to , alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Screenplaces reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any person; (2) to modify or change the Site, or any portion of the Site and any applicable policies of terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error connection, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Screenplaces be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Screenplaces has been advised of the possibility of such damages.
If notwithstanding the other provisions of these Terms of Use, Screenplaces is found to be liable to you for any damage or loss which arrises out of or is in any way connected with your use of the Site of any Content, Screenplaces is liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Screenplaces or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Screenplaces, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss liability, claims or expenses (including attorneys fees), made against Screensplaces by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Screenplaces may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Screenplaces rights or property, or the right or property of visitors to or users of the Site including Screensplaces customers. Screenplaces reserves the right at all times to disclose any information that Screenplaces deems necessary to comply with any applicable law, regulation, legal process or governmental request. Screenplaces also may disclose your information when determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
You acknowledge and agree that Screenplaces may preserve any transmittal or communications by you with Screenplaces through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Screenplaces determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Screenplaces, its employees, users of or visitors to the Site, and public.
You agree that Screenplaces many, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated the Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Screenplaces, for which monetary damages would be inadequate, and you consent to Screenplaces obtaining any injunctive or equitable relief that Screenplaces seems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Screenplaces may have at law or in equity.
You agree that Screenplaces may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Screenplaces does not take any legal action against you as a result of your violation of these Terms of Use, Screenplaces will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Screenplaces. You agree that Screenplaces will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site including all disputes; will be governed by the laws of Australia and by the laws of the State of Western Australia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by the venue in the state and federal courts in Perth, Western Australia and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be bought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs. In the event of any controversy or dispute between Screenplaces and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
You may not use or export or re-export any Content or any copy of adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.
If any of the provisions of there Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Screenplaces with regard to your use of the Site, and any and all other written or oral agreements or understanding previously existing between you and Screenplaces with respect to such use are hereby superseded and cancelled. Screenplaces will not accept counter-offers to there Terms of Use, and all such offers are hereby categorically rejected. Screenplaces failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Screenplaces of any provision or any right it has to enforce there Terms of Use, not shall any course of conduct between Screenplaces and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback on Information
Any feedback you provide at this site shall be deemed to be non-confidential. Screenplaces shall be free to use such information on an unrestricted basis.
