Agreement between User and Hyperactive Digital
The Hyperactive Digital website is comprised of various web pages operated by Hyperactive Digital. The Hyperactive Digital website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Hyperactive Digital website constitutes your agreement to all such terms, conditions and notices.
Hyperactive Digital reserves the right to change the terms, conditions and notices under which the Hyperactive Digital website is offered, including but not limited to the charges associated with the use of the Hyperactive Digital website.
Links to Third Party Sites
The Hyperactive Digital website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hyperactive Digital and Hyperactive Digital is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hyperactive Digital is not responsible for webcasting or any other form of transmission received from any Linked Site. Hyperactive Digital is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hyperactive Digital of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Hyperactive Digital website, you warrant to Hyperactive Digital that you will not use the Hyperactive Digital website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Hyperactive Digital website in any manner which could damage, disable, overburden or impair the Hyperactive Digital website or interfere with any other party's use and enjoyment of the Hyperactive Digital website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hyperactive Digital website.
Use of Communication Services
The Hyperactive Digital website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- 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, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software 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 email addresses, without their consent.
- Violate any applicable laws or regulations.
Hyperactive Digital has no obligation to monitor the Communication Services. However, Hyperactive Digital reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Hyperactive Digital reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Hyperactive Digital reserves the right at all times to disclose any information as 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, at Hyperactive Digital’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hyperactive Digital does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hyperactive Digital specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Hyperactive Digital spokespersons, and their views do not necessarily reflect those of Hyperactive Digital.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Hyperactive Digital or Posted at Any Hyperactive Digital Website
Hyperactive Digital does not claim ownership of the materials you provide to Hyperactive Digital (including feedback and suggestions) or post, upload, input or submit to any Hyperactive Digital website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hyperactive Digital, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Hyperactive Digital is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Hyperactive Digital’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Copyright and Trademarks
All contents of the Hyperactive Digital website are: Copyright 2016 by Hyperactive Digital. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The information, software, products and services included in or available through the Hyperactive Digital website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Hyperactive Digital and/or its suppliers may make improvements and/or changes in the Hyperactive Digital website at any time. Advice received via the Hyperactive Digital website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Hyperactive Digital and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Hyperactive Digital website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided as is, without warranty or condition of any kind. Hyperactive Digital and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Hyperactive Digital reserves the right, at its sole discretion, to terminate your access to the Hyperactive Digital website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, these terms and your dealings with us are governed by the laws in force in Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
In all disputes arising out of or relating to the use of the Hyperactive Digital website, use of the Hyperactive Digital website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hyperactive Digital as a result of this agreement or use of the Hyperactive Digital website. The Hyperactive Digital’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hyperactive Digital’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hyperactive Digital website or information provided to or gathered by Hyperactive Digital with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hyperactive Digital with respect to the Hyperactive Digital website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hyperactive Digital with respect to the Hyperactive Digital website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.