FINANCIALLY FREE PTY LTD
TERMS OF USE


 

Welcome to http://www.publicdomainmastery.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Disclaimer, Privacy Policy, and Copyright Notice govern Financially Free Pty Ltd's relationship with you in relation to this website.

The term "Financially Free Pty Ltd" or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

 


1. ACCEPTANCE OF TERMS.

Financially Free Pty Ltd provides its Service to you subject to the following Terms of Use ("TOU"), which may be updated at any time and from time to time without notice to you. You can review the most current version of the TOU at any time at: http://www.publicdomainmastery.com/tou.html

2. DESCRIPTION OF SERVICE.

Financially Free Pty Ltd provides its users with access to a rich collection of resources, which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements. You also understand and agree that the Service may include communications from Financially Free Pty Ltd, such as service announcements and administrative messages. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, is subject to these TOU. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees and all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Financially Free Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Financially Free Pty Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. PRIVACY POLICY.

Financially Free Pty Ltd will keep your Registration Data confidential per our Privacy Policy and, except as set forth in our Privacy Policy as well as below, will not disclose your Registration Data to any third parties. Financially Free Pty Ltd creates “cookies” with respect to your log-in for security purposes only. Financially Free Pty Ltd does not collect “cookies” with respect to your use of the Service. You acknowledge, consent and agree that Financially Free Pty Ltd may access, preserve and disclose your Registration Data and account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to your requests for customer service; (d) fulfill the delivery and shipment of product orders; or (f) protect the rights or property Financially Free Pty Ltd, or its end users.

5. END USER ACCOUNTS, PASSWORDS AND SECURITY.

You may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and any sub-accounts you create and are fully responsible for all activities that occur under your password, account or sub-account. You agree to (a) immediately notify Financially Free Pty Ltd of any unauthorized use of your password, account or sub-account or any other breach of security, and (b) ensure that all your end users exit from the account or sub-at the end of each session. Financially Free Pty Ltd will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. CONTENT.

You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Financially Free Pty Ltd does not control the Content available via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree that you must evaluate, bear all risks associated with the use of, and not rely upon any Content available through the Service, including any reliance on the accuracy, completeness, or usefulness of such Content.

7. COMPLIANCE WITH LAW.

You agree to comply with all laws applicable to your use of the Service. You agree that Financially Free Pty Ltd may suspend or terminate your use of the Service with or without notice in the event you violate any such laws.

8. MODIFICATIONS TO SERVICE.

Financially Free Pty Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Financially Free Pty Ltd will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. NO RESALE OF SERVICE.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. LINKS.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. As Financially Free Pty Ltd has no control over such sites and resources, you acknowledge and agree that Financially Free Pty Ltd is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Financially Free Pty Ltd will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. TERMINATION.

You agree that Financially Free Pty Ltd may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these TOU, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Financially Free Pty Ltd's sole discretion and that Financially Free Pty Ltd will not be liable to you or any third party for any termination of your account or sub-account or access to the Service.

12. INTELLECTUAL PROPERTY.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Financially Free Pty Ltd, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

13. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

 
  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FINANCIALLY FREE PTY LTD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
     
  2. FINANCIALLY FREE PTY LTD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
     
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
     
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIALLY FREE PTY LTD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
 


14. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FINANCIALLY FREE PTY LTD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FINANCIALLY FREE PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

15. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU OR YOUR USE OF THE SERVICE.

16. INDEMNITY.

You agree to indemnify and hold Financially Free Pty Ltd and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

17. NO THIRD-PARTY BENEFICIARIES.

You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

18. NOTICE.

Financially Free Pty Ltd may provide you with notices, including those regarding changes to these TOU, by email, regular mail or postings on the Service.

19. GENERAL.

 

 
  1. Entire Agreement. The TOU, together with the Disclaimer, Privacy Policy, and Copyright Notice posted on http://www.publicdomainmastery.com constitute the entire agreement between you and Financially Free Pty Ltd and governs your use of the Service, superseding any prior agreements between you and Financially Free Pty Ltd with respect to the Service.
     

  2. Choice of Law and Forum. The TOU and the relationship between you and Financially Free Pty Ltd shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions. You and Financially Free Pty Ltd agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia.
     

  3. Waiver and Severability of Terms. The failure of Financially Free Pty Ltd to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
     

  4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
     

  5. The section titles in the TOU are for convenience only and have no legal or contractual effect.

 

 

20. REVISIONS TO THIS WEBSITE TERMS OF USE WITHOUT NOTICE

This TERMS OF USE for http://www.publicdomainmastery.com is dynamic. It will continually change.

You may not assume that it remains the same and you agree to check the policy each time you visit the site for changes. Unless, in the sole opinion of the website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to the TERMS OF USE for http://www.publicdomainmastery.com nor, under any circumstances, does this site promise notification. Your continued use of this site always evidences your acceptance of the TERMS OF USE for http://www.publicdomainmastery.com or any modifications.

21. LATEST UPDATE

This TERMS OF USE for http://www.publicdomainmastery.com was last updated on: January 04, 2010

 

 

 

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