By posting, uploading, publishing, submitting, or transmitting User Content on our website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
These Terms permit you to use our website, services and software for your personal and commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
Our website, services or software may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Disclaimer of Warranties
Our website, services or software and all content, materials, information, software, products, and services provided on or through the website, services or software are provided "as is" and "as available" without any representation or warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing, usage, or trade practice.
We do not warrant that the website or any content, materials, information, software, products, or services provided on or through the website, services or software will be uninterrupted or error-free, that defects will be corrected, or that the website, services or software or the server that makes it available are free of viruses or other harmful components.
Limitation of Liability
To the fullest extent permitted by law, we will not be liable to you or any third party for any damages, including but not limited to, indirect, incidental, consequential, special, or punitive damages, arising from or relating to your use of or inability to use the website, services or software or any content, materials, information, software, products, or services provided on or through the website, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, User Content, any use of the website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or relating to these Terms or the website, services or software shall be instituted exclusively in the federal or state courts located in Melbourne, Australia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.