Last Reviewed: 1 May 2011
In consideration of your access and use of the Website, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by the Website ("Login Information"); (b) maintain the security of your password and identification; (c) notify us immediately if you suspect unauthorised use of your account or access to your password; (d) maintain and promptly update the Login Information, and any other information you provide to Ventra, to ensure that it is accurate, current and complete; and (e) be fully responsible for all use of your account and for any actions that take place using your account.
3. Your Conduct
Prohibited activity includes, but is not limited to:
restricting or interfering with any other users (including Registered Users) from using or enjoying the Services or Website;
breaching or circumventing, or attempting to breach or circumvent, any security measures on the Website (including 'hacking' those Website) or attempting to obtain access to unauthorised parts of the Website without prior written authorisation from Ventra;
using the Services or Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
using automated scripts to collect information from or otherwise interact with the Services or the Website;
registering for more than one Registered User account, or registering for an account on behalf of an individual other than yourself without authorisation from that individual;
impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
soliciting personal information from anyone under 18 or soliciting passwords or soliciting personal information for commercial or unlawful purposes;
intimidating or harassing any other person;
using or attempting to use another Registered User account, service or system without prior written authorisation from Ventra, or creating a false identity on the Services or the Website;
using the Services or the Website for the purposes of conducting business or commercial activities;
framing or linking to the Website, without the prior written authorisation of Ventra; and
collecting email addresses or other contact information of other Registered Users from the Services or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You agree that Ventra prohibits and you agree not to access or use the Website or Services to:
provide any false, misleading or deceptive information;
violate any law or regulation, or cause Ventra to violate any law or regulation;
harvest or otherwise collect information about other users of the Website for any purpose other than expressly authorised by Ventra;
take any action that imposes an unreasonable or disproportionately large burden on the Website' infrastructure; or
deliberately distribute or execute any computer virus or any other program or code that disrupts or disables operations of the Website.
4. Registered User Content on the Website
You are solely responsible for any material, communication, information (including your profile details), messages, files, notes, text, other content (together, 'Registered User Content') that you upload, post, transmit, share, store or otherwise make available (hereinafter, 'post') on or through the Services or the Website.
You represent and warrant that (a) you have all the necessary rights to post the Registered User Content on the Services; (b) you will not post any illegal or prohibited Registered User Content; and (c) the posting of your Registered User Content on or through the Services will not infringe, violate or contravene any third party rights (including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights).
5. Proprietary Rights in Website Content
All content on the Website and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, audio and other files, including their selection and arrangement, but excluding any of your Registered User Content ("Website Content"), is the proprietary property of Ventra, its Registered Users or its licensors and is protected by Australia and international intellectual property law.
You must not:
copy, modify, adapt, resell or distribute any Registered User Content;
engage in any commercial use of Registered User Content, unless such use is expressly approved in writing by Ventra;
make any form of representation, including through linking or framing, that could mislead or deceive a person that Registered User Content is from a source other than the Website;
make any use of or access to the Website by any automatic tool, including 'spiders', 'crawlers', 'robots' or offline browsing tools without the prior consent of Ventra; or
make any use of or any access to the Website or the Services by any means contrary to the commercial interests of Ventra.
7. Infringement Policy
Ventra adopts a policy of terminating, in appropriate circumstances and at Ventra's sole discretion, Registered User accounts that are deemed to be repeat copyright infringers. Ventra may also at its sole discretion limit access to the Website and/or terminate the Registered User accounts that infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Third Party Website and Content
The Website may contain (or you may be sent through the Website or the Services) links to other websites ("Third Party Website"). Such Third Party Website are not under Ventra's control, and Ventra assumes no responsibility for any Third Party Website or content accessed through the Services or the Website nor for investigating, monitoring or checking such Website or their content for accuracy, currency, appropriateness, or completeness.
Inclusion of or linking to any Third Party Website, or permitting any of the foregoing, does not imply any endorsement or approval of the website or link by Ventra. You agree to access any Third Party Website from the Website entirely at your own risk. You should also ensure that you review the terms and policies that govern your use and access to such Third Party Website
9. Registered User Disputes
You are solely responsible for your interactions with other Ventra Registered Users. You agree that Ventra will not be responsible for any loss or damage incurred as a result of any such interactions with respect to other Registered Users' use or disclosure of your personal identifiable information.
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13. Consent to Receive Electronic Communications
By using the Website and/or Services, you consent to receive certain communications via email, mobile text or electronic messaging. These communications may include notices about your Registered User account (e.g., change in password, confirmation e-mails and other user account settings) and information concerning or related to the Services. We may also send marketing communications to you in accordance with our Privacy Statement. You may opt-out of receiving marketing communications via email by clicking on the unsubscribe link at the bottom of the email or in your Profile Settings. You agree that any notice, agreements, disclosure or other communications relating to your account, the Website or the Services that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Subject to any rights conferred by any applicable statute that cannot be excluded, restricted or modified ('Non-excludable Rights'), Ventra excludes all conditions and warranties implied by custom, law or statute.
Except as provided for by any Non-excludable Rights:
the Services, Website and Website Content is provided 'as is' and without warranties of any kind, either express or implied;
Ventra and its affiliates expressly disclaim any and all representations or warranties of any kind, either express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement;
Ventra does not warrant that the features contained in any Website, Registered User Content or your access to the Website will be uninterrupted, timely, reliable, current, secure, or error-free, nor that any defects will be corrected or that the Services or servers which store and transmit content to you are free of viruses or any other harmful components;
Ventra does not warrant or guarantee the accuracy, adequacy or completeness of any information or content on the Services or Website nor any specific results from your access or use of the Services, the Website or any features of the foregoing;
Ventra does not assume any obligation to monitor the activities of Registered Users on the Website or the Services;
reference to any products, services or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation with Ventra;
under no circumstances will Ventra be responsible or liable for any loss or damage, including any loss or damage to any Registered User Content or personal injury or death, resulting from any person's use of the Website or the Services, any Registered User Content or Third Party Content posted on or accessed through the Website or the Services, or any interactions between Registered Users of the Website; and you acknowledge and agree that you obtain content, material, information or applications from or through the Services or Website at your own risk and that you are solely responsible for your use of such items and any damage, loss or other harm of any kind that may result from such use or reliance.
Ventra reserves the right to modify or remove any and all content, material, information or applications and other items used or contained in the Website and any Services offered through the Website at any time without prior notice.
15. Limitation of Liability
Except for liability under any Non-excludable Rights, under no circumstances will Ventra or its affiliates be liable (however arising whether in contract, negligence of Ventra, its affiliates, officers, directors, employees or agents, under statute or otherwise) for any losses, damages, costs or expenses whatsoever which result from any use or access of, or any inability to use or access, the Website or the Services, or any content, material, information or applications on or accessed through the Website or Services (including Registered User Content and Third Party Content and Website), even if Ventra has been advised of the possibility of such damages or that such damages were foreseeable.
You acknowledge and agree that Ventra has limited or no control over Registered Users of the Services or the Website and is neither liable for any Registered User's conduct, whether online or offline, nor for any content, material, information or applications on or accessed through the Website or Services (including Registered User Content and Third Party Content and Website), whether posted or caused by Registered Users, Ventra, third parties or any other program associated with the Website or the Services, including any content which may be offensive, inappropriate, defamatory, obscene, unlawful or otherwise objectionable.
To the fullest extent permitted by law, Ventra's liability for breach of any Non-excludable Rights is limited at the option of Ventra to one or more of the following:
in the case of services, (a) the supply of the services again, or (b) payment of the cost of having the services supplied again; and
in the case of goods, (a) the replacement of the goods or supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacement the goods or of acquiring equivalent goods, or (d) payment of having the goods repaired.
You may terminate your Registered User account at any time, for any reason, by giving written or email notice to Ventra.
17. Governing Law
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
19. Definitions and Interpretation
20. Your Contact Information