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Oz Model Usage Agreement - version 1.0
INFORMATION ON TERMS OF USE OF THE OZMODEL.COM(.AU) WEBSITE
- ACCEPTANCE OF TERMS.
The services that OZ MODEL provides to you are subject to the following Terms of Use ("TOU"). OZ MODEL reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Usage Agreement" hypertext link located at the bottom of our Web pages.
- DESCRIPTION OF SERVICES.
Through its network of Web properties, OZ MODEL provides you with access to a variety of resources, including portfolios, message boards (forums) and information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
- PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images, products or services obtained from the Services.
- NOTICES REGARDING SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL OZ MODEL AND/OR ITS RESPECTIVE OWNERS, SUBSIDIARIES OR ASSIGNS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
- NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any OZ MODEL server, or the network(s) connected to any OZ MODEL server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any OZ MODEL server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials, information or Services through any means not intentionally made available through the Services.
- USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, portfolios (photographic and personal information) and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws that you have not been given permission to handle in such a way, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of an image or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Create more than one account or register more than one email address.
- Attempt to circumvent restrictions of any kind.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
OZ MODEL has no obligation to monitor the Communication Services. However, OZ MODEL reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. OZ MODEL reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
OZ MODEL reserves the right at all times to disclose any information as OZ MODEL deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OZ MODEL's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. OZ MODEL does not control or endorse the content, messages or information found in any Communication Services and, therefore, OZ MODEL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
- DISCLAIMER.
Oz Model extends this service free of charge and without warranty. Disclaimer: This Site contains information, facts and opinions from various individuals and organizations. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER OZMODEL.COM, NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE.
- LIABILITY.
Your use of the Oz Model Site and Service is at your own risk. NEITHER OZMODEL.COM, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR OWNERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OZMODEL.COM, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND OWNERS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON.
In addition to the warranty and representation set forth above, by Posting a Submission to any Communication Service (including a Portfolio) that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting to the general public (for each such Images available anywhere on the Services), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, and including, without limitation, a non-exclusive, world-wide, royalty-free license to use your Image in the fashion you have presented it for use. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
- NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
OZ MODEL supports proper use of copyrighted material, and the owner's right to control such material. Notifications of claimed copyright infringement should follow a set procedure. All enquiries not following this procedure will not receive a response.
See Copyright Abuse: Notice and Procedure for Making Claims of Copyright Infringement for procedure details.
- COPYRIGHT NOTICE.
Copyright © 2003 Oz Model, Australia. All rights reserved.
The creation/updating of an Oz Model portfolio is covered by the Portfolio Usage Agreement.
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