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Acceptable Use Policy
Earth Wind and Water offer through their website a wide variety of articles, tutorials, general information, personalized content, communication tools, and forums on the following terms. By using the Earth Wind and Water website in any way you are agreeing to comply with these terms, which we may update without notice at our discretion. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the information and services available on the domain http://www.earthwindwater.com.au, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Earth Wind and Water.
Treat fellow users and others with respect. Don’t do anything disruptive or illegal. By using this website you agree to our Terms and Conditions. If you disagree, stop using the Earth Wind and Water website immediately. Earth Wind and Water are not responsible for the misuse or illegal use of any of the information available on this website.
Your Responsibility For Content & Conduct:
You are responsible for any content that you post or transmit on or through the Earth Wind and Water website. You will not use the Earth Wind and Water website to distribute, link to, or solicit content that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive;
- includes personally identifiable information about children;
- infringes someone else’s intellectual property or other rights;
- advocates or solicits violence or other criminal conduct;
- violates any law, regulation, or contract;
- promotes participation in multi-level or pyramid marketing initiatives;
- constitutes a raffle, sweepstakes, lottery, or any other form of gambling, unless authorized by earthwindwater.com.au;
- specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Melbourne Australia, or the domicile of either the distributor or recipient;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as Earth Wind and Water specifically authorizes;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage , or limit the functioning of any software, hardware, or telecommunications equipment;
- contains pirated or illegal software or crack serial numbers that are designed to circumvent proper software licensing and registration;
- contains pirated or illegal music or video;
- breaking any EULA;
- Deliberate & repetitive thread hijacking;
- Personal attacks or abusive posts;
- Deliberately posting disruptive or counter productive posts.
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Earth Wind and Water website to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as specifically authorized by Earth Wind and Water (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Earth Wind and Water website.
You will provide accurate and current information on all registration forms on the Earth Wind and Water website. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Earth Wind and Water website.
Security / No Disruption:
You are responsible for all activities that occur under your username or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Earth Wind and Water website, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
The opinions and views expressed by other users of the Earth Wind and Water website or content providers do not necessarily reflect those of Earth Wind and Water. You waive any claim resulting from your exposure to material on the Earth Wind and Water website that is offensive, indecent, or otherwise objectionable.
Links to Third-Party Sites:
We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.
Links to The Service:
If you wish to link from your website to the Earth Wind and Water site, please link to the Earth Wind and Water Home Page (http://www.earthwindwater.com.au). You are granted a limited, non-exclusive license to create a hypertext link to other parts of the Earth Wind and Water website, provided that the link does not portray the Earth Wind and Water website, Earth Wind and Water, or Earth Wind and Water members in a false, misleading, or defamatory way. We may revoke this license at any time. You will not frame any aspect of the Earth Wind and Water website or any of its content.
You agree to indemnify, defend and hold harmless Earth Wind and Water, its affiliates, directors, moderators & administrators from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our products or services, your violation of the AUP or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The AUP will inure to the benefit of Earth Wind and Water’s directors, successors, assigns and licensees.
Your email address is used only for confirming your registration details, password (and for sending new passwords should you forget your current one), or receiving newsletters. Subscription to The Earth Wind and Water’s mailing lists are automatic, if you do not wish to receive further news letters you will be given the option to opt-out on the newsletter itself. The Forums at Earth Wind and Water also have the ability to send you emails informing you of replies if you so elect. Please refer to the Notices section below.
Cookies are placed on your system so that whether as a registered member or not, the Earth Wind and Water website will maintain for you, your personal configurations. For example: Language. As a registered member, the cookies will also log you back in automatically upon Earth Wind and Water website visitation. These cookies are used only by the Earth Wind and Water website to enhance your stay and are not used for any kind of tracking.
In order to ensure that Earth Wind and Water are able to provide high quality products and services which are responsive to customer needs, you must consent to Earth Wind and Water administrators being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Earth Wind and Water shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of AUP may result in immediate deletion of a users account.
All chat and bulletin board communications are public and not private communications. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of the Earth Wind and Water website services, or violated this AUP.
General Disclaimer / Limitation of Liability:
THE SERVICE AND THE MATERIALS ARE PROVIDED BY Earth Wind and Water ON AN “AS IS” BASIS, AND Earth Wind and Water EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL Earth Wind and Water BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, IRRESPECTIVE OF WHETHER Earth Wind and Water HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGES. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OF THE ACCEPTABLE USE POLICY TO BE UNENFORCEABLE, THE REMAINDER OF THE ACCEPTABLE USE POLICY WILL CONTINUE IN FULL FORCE AND EFFECT.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF Earth Wind and Water’s website SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Earth Wind and Water’s website SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
It is not acceptable to use Earth Wind and Water products or website services for any purposes which violate Australian, United States, or state laws. Users of the Earth Wind and Water website shall not deploy data-mining, web-mirroring or web-copying of any kind against the site. Any such effort will be construed as an attempt to duplicate copyright data, and/or to destabilize the operation of the website. Earth Wind and Water employs active log checking in order to identify users who ignore this condition of use, and will investigate fully any suspected cases.
Earth Wind and Water respects user privacy. Earth Wind and Water does not disclose rent or sell your email address or any other information we may receive to any third party, unless you specifically request it. In registration, Earth Wind and Water requires a username and an email address. All other details are optional. Earth Wind and Water may disclose individual account or user information in cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Earth Wind and Water AUP or may be causing injury to or interference with (either intentionally or unintentionally) Earth Wind and Water’s rights or property, other Earth Wind and Water users, or anyone else that could be harmed by such activities. Earth Wind and Water may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services. Please note that with each page visited, your IP address is recorded, in the event that you need to be banned from the Earth Wind and Water website or your ISP contacted. This will only happen in the event of a major violation of this agreement.
Logo and Trademark
Earth Wind and Water and it’s logos cannot be used without specific consent by it’s rightful owner PBM Technologies Pty. Ltd. Once permissions to use the logos have been given, any display of the logo must follow the following rules:
- Proper Form – Earth Wind and Water’s logos should be used in their exact form—neither abbreviated nor combined with any other word or words.
- Distinguishable - In at least the first reference, the logo should be set apart from surrounding text.
Modifications to this policy:
Earth Wind and Water reserves the right to modify this policy at any time without prior notification at our discretion. The responsibility to stay informed of any changes to this policy remains solely on you.
Notices to you may be made by email via newsletter, or posted prominently on the Earth Wind and Water website.
Questions related to the Earth Wind and Water Acceptable Use Policy should be addressed to:
Earth Wind and Water website users authorize Earth Wind and Water to use, reproduce, transmit, store and display any user-supplied content (including message board postings and replies) for any purpose in any and all media.
This AUP constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the AUP will be effective only if in writing and signed by Earth Wind and Water.