Aussie Pythons & Snakes is an online community connecting owners and lovers of Australian pythons and other reptiles. The Aussie Pythons & Snakes service are operated by Aussie Pythons & Snakes. By accessing or using our web site at www.aussiepythons.com or any syndicated versions thereof such as news feeds or web slices (together the "web site"), you (the "user") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Aussie Pythons & Snakes. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the web site. It is your responsibility to regularly check to determine if there have been changes to these Terms of Use and to review such changes.
User Conduct
You understand that once registering as a member of the site, you must abide by the "Site Rules" as defined at http://www.aussiepythons.com/forum/misc/site-rules.
Registration Data and Account Security
In consideration of your use of the web site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the web site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Aussie Pythons & Snakes, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content
All content on the web site, including designs, text, graphics, pictures, video, information and other files, and their selection and arrangement (the "Site Content"), are the property of Aussie Pythons & Snakes, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of Aussie Pythons & Snakes, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the web site. Provided that you are eligible for use of the web site, you are granted a limited license to access and use the web site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the web site or the Site Content other than as specifically authorized herein, without the prior written permission of Aussie Pythons & Snakes, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks
Aussie Pythons & Snakes and other associated graphics, logos, designs, page headers and service names are registered trademarks, trademarks or trade dress of Aussie Pythons & Snakes in Australia and/or other countries. Aussie Pythons & Snakes' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Aussie Pythons & Snakes.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your username, image, and likeness), messages, text, information, video, advertisements and other content that you upload, publish or display (hereinafter, "post") on or through the web site, or transmit to or share with other users (collectively the "User Content"). You understand and agree that Aussie Pythons & Snakes may, but is not obligated to, review the web site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Aussie Pythons & Snakes violates this Agreement or the Site Rules, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the web site or provide to Aussie Pythons & Snakes.
When you post User Content to the web site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the web site. By posting User Content to any part of the web site, you automatically grant, and you represent and warrant that you have the right to grant, to Aussie Pythons & Snakes an irrevocable, perpetual, non-exclusive, transferable, fully paid license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for purposes directly in connection with the operation of the web site. Aussie Pythons & Snakes will however not re-sell User Content as an individual work or will not make claim to authorship of any User Content. You may submit a request to remove your User Content from the Site at any time, however it is at the sole discression of Aussie Pythons & Snakes as to whether this content will be removed from the web site. If you are granted permission to remove your User Content, the license granted above will automatically expire, however you acknowledge that Aussie Pythons & Snakes may retain archived copies of your User Content. Aussie Pythons & Snakes does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the web site any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Copyright Amendment (Digital Agenda) Act 2000 (CADA). If you believe that any material on the web site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our webmaster.
Repeat Infringer Policy
In accordance with the Copyright Amendment (Digital Agenda) Act 2000 (CADA) and other applicable law, Aussie Pythons & Snakes has adopted a policy of terminating, in appropriate circumstances and at Aussie Pythons & Snakes' sole discretion, members who are deemed to be repeat infringers. Aussie Pythons & Snakes may also at its sole discretion limit access to the web site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Shop & Swap Forums
All listings posted on or through the Shop & Swap Forums and all transactions conducted in connection therewith are subject to and governed by the Site Rules as well as these Terms of Use. When you use the Shop & Swap Forums in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in Aussie Pythons & Snakes' sole discretion. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through the Aussie Pythons & Snakes Shop & Swap Forums. You acknowledge that Aussie Pythons & Snakes is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Aussie Pythons & Snakes applicable to the Shop & Swap Forums are set forth on the web site, and all terms and conditions applicable to such fees are set forth in this Terms of Sale (see below). However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through the Shop & Swap Forums, as those transactions are strictly between you and the other party to the transaction. ALL USE OF AUSSIE PYTHONS & SNAKES SHOP & SWAP FORUMS IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Terms of Sale
By ordering products or services from Aussie Pythons & Snakes through the web site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Aussie Pythons & Snakes' sole discretion so you should review the Terms of Sale each time you make a purchase.
Purchase Qualifications and Account Security
To make a purchase on Aussie Pythons & Snakes, you must be a registered Aussie Pythons & Snakes member and comply with these Terms of Sale (including the Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Aussie Pythons & Snakes reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Payment Method and Terms
We accept Visa, MasterCard and American Express credit cards through PayPal as well as Direct Bank Transfer, as forms of payment. By submitting an order through Aussie Pythons & Snakes, you authorize Aussie Pythons & Snakes, or its designated payment processor, to charge the account you specify for the purchase amount or pledge to submit payment in order for your order to be completed. All payments are to be made in Australian Dollars. Aussie Pythons & Snakes does not have access to or stores any of your credit card information.
Product and Service Descriptions and Availability, Errors
Aussie Pythons & Snakes and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Aussie Pythons & Snakes may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Aussie Pythons & Snakes shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Aussie Pythons & Snakes reserves the right to substitute items of equal or greater value when an item or service is unavailable or Aussie Pythons & Snakes may cancel the order.
We attempt to be as accurate as possible and eliminate errors on Aussie Pythons & Snakes, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Aussie Pythons & Snakes web site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.
Social Groups
Social Groups are special private forums used for commercial or other purposes. You may not set up a Social Group on behalf of another individual or entity unless you are authorized to do so. This includes Social Groups to support or criticize another individual or entity.
AUSSIE PYTHONS & SNAKES DOES NOT PRE-SCREEN OR APPROVE SOCIAL GROUPS, AND CANNOT GUARANTEE THAT A SOCIAL GROUP WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A GROUP. NOR IS AUSSIE PYTHONS & SNAKES RESPONSIBLE FOR THE CONTENT OF ANY SOCIAL GROUP, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SOCIAL GROUP, INCLUDING HOW THE OWNER OF THE SOCIAL GROUP COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE AUSSIE PYTHONS & SNAKES PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A SOCIAL GROUP.
User Disputes
You are solely responsible for your interactions with other Aussie Pythons & Snakes users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Privacy
At Aussie Pythons & Snakes, we care about your privacy. Go to http://www.aussiepythons.com/privacy-policy to view the Aussie Pythons & Snakes Privacy Policy. By using the web site, you are consenting to have your personal data transferred to and processed in Australia.
Disclaimers
Aussie Pythons & Snakes is not responsible or liable in any manner for any User Content, Software or Content posted on the web site, whether posted or caused by users of the web site, by Aussie Pythons & Snakes, by third parties or by any of the equipment or programming associated with or utilized in the web site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the web site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the web site or in connection with any User Content, Software or Content. Aussie Pythons & Snakes is not responsible for the conduct, whether online or offline, of any user of the web site.
The web site may be temporarily unavailable from time to time for maintenance or other reasons. Aussie Pythons & Snakes assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Aussie Pythons & Snakes is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web site. Under no circumstances will Aussie Pythons & Snakes be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the web site, any User Content, Software or Content posted on or through the web site or transmitted to Users, or any interactions between users of the web site, whether online or offline.
THE WEB SITE AND THE WEB SITE CONTENT ARE PROVIDED "AS-IS" AND AUSSIE PYTHONS & SNAKES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AUSSIE PYTHONS & SNAKES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE. AUSSIE PYTHONS & SNAKES DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Aussie Pythons & Snakes reserves the right to change any and all content, software and other items used or contained in the web site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Aussie Pythons & Snakes.
Limitation on Liability
IN NO EVENT WILL AUSSIE PYTHONS & SNAKES OR ITS OWNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF AUSSIE PYTHONS & SNAKES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AUSSIE PYTHONS & SNAKES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AUSSIE PYTHONS & SNAKES FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO AUSSIE PYTHONS & SNAKES FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM AUSSIE PYTHONS & SNAKES, REGARDLESS OF THE CAUSE OF ACTION.
Termination
Aussie Pythons & Snakes may terminate your membership, delete your profile and any content or information that you have posted on the web site and/or prohibit you from using or accessing the web site (or any portion, aspect or feature of the web site) for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law and Jurisdiction
By visiting or using the web site, you agree that the laws of the State of New South Wales and the Commonwealth of Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Aussie Pythons & Snakes or any of our affiliates.
Indemnity
You agree to indemnify and hold Aussie Pythons & Snakes, its affiliates, and each of their owners, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, Software or Content you post or share on or through the web site, your use of the web site, your conduct in connection with the web site or with other users of the web site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the web site ("Submissions"), provided by you to Aussie Pythons & Snakes are non-confidential and shall become the sole property of Aussie Pythons & Snakes. Aussie Pythons & Snakes shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Aussie Pythons & Snakes regarding the use of the web site, superseding any prior agreements between you and Aussie Pythons & Snakes relating to your use of the web site. The failure of Aussie Pythons & Snakes to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
