TERMS OF SERVICE AGREEMENT Welcome to OZMATE, an online community of Australia Alumni in Indonesia that connects people through networks of friends for communicating, sharing and making new friends. OZMATE service is operated by The Australian Education International (AEI) Indonesia ("We,"Us," or "OZMATE"). By using the OZMATE website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). To become an OZMATE member (a "Member") and make use of the OZMATE service (the "Service"), you must indicate your acceptance of this Agreement by following the instructions in the Sign Up page, and checking the box labelled "I agree to OZMATE's terms of service." This Agreement sets out the legally binding terms of your use of the Website (whether or not you become a Member) and your membership of the Service, if any. We may modify it at any time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Website or the Service after the posting of any such modification will constitute your agreement to that modification. Links to copies of these notices can be found on the OZMATE Home Page. - Eligibility. You must be sixteen or over to register as a Member or to use the Website. Use of the Website and membership of the Service are void where prohibited. By agreeing to these terms or by using the Website, you warrant that you have the authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement will remain in force while you use the Website or are a Member. At any time, you may terminate your membership by following the instructions on the Cancel Account page in Account Settings. We may terminate your membership for any reason, at any time. Even after membership is terminated, certain sections of this Agreement will remain in effect. See clause 13 below for a list of the provisions of this Agreement that will survive the termination of your membership.
- Non-Commercial Use by OZMATE. The Service and the Website are for the personal use of individual Members only and may not be used in connection with any commercial endeavours without our express written consent in each case. Organisations, companies, and/or businesses may not become Members and must not use the Service or the Website for any purpose. You may not copy, transfer or use any names, photos, links, text, data, or other material contained on the Website for the purposes of selling, marketing, or promoting any other product or service. You must not use Members? personal information on the Website (including usernames and e-mail addresses) for the purpose of sending unsolicited e-mail, unauthorised framing of or linking to the Website. Any use of the Website for purposes not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken. In addition to the above restrictions, you may not authorise, enable or otherwise grant to any other person, organisation, company, or business access to your OZMATE profile or other content uploaded on the Website for the purpose of extracting such information or other content.
- Proprietary Rights in Content
- Rights in Content Posted by OZMATE or Other Members. We own and retain all proprietary rights in the Website and the Service. The Website contains copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of OZMATE?s Members and of our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
- Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant (and you warrant that you have the right to grant) to OZMATE a permanent, irrevocable, free, non-exclusive, worldwide licence (including a right of sublicence) to use, copy, adapt and exploit the Content for any purpose.
- Content Posted by You to the Service and the Website.
- Profile Information. PLEASE NOTE: The Service includes an option which allows Members to determine who may view their full profile. These levels are: "Friends," "Friends of Friends," and "Anyone." If you choose to allow your OZMATE profile to be viewed by "Anyone," this allows anyone who accesses the Website (including non-Members) to view all of the information in your profile. In addition, the Service includes an option allowing Members to include their last names in their OZMATE profiles. If you choose this option, your last name will be included in both your normal OZMATE profile, as well as your "public profile" (which is described in subsection (b) below). Your public profile will be available to anyone, regardless of the level of access you've chosen for your full OZMATE profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR OZMATE PROFILE, AS WELL AS WHETHER YOU WANT YOUR FULL NAME TO BE AVAILABLE TO THE GENERAL PUBLIC.
- Public Profile Information. Regardless of what personal information you choose to include in your OZMATE profile, or what level of sharing of your profile you choose, certain information about every OZMATE Member will be included in that Member's "public profile." A Member's public profile is an abbreviated version of the Member's regular OZMATE profile, containing the information listed below, which will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. Each Member's public profile includes the following information about the Member:
- Name (first, or first and last, depending on which option the Member chooses)
- Gender
- Age
- Location
- Hometown
- "Member Since" date, and
- The URL of the Member's OZMATE profile.
- Removal of Content. We may review and delete any Content that you include in your profile, or otherwise Post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe violates this Agreement or is otherwise inappropriate.
- Member Identity. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent someone or something other than you.
- Member Responsibility for Content. You are solely responsible for the Content that you Post on the Website or the Service, or transmit to other Members.
- Prohibited Content. We may terminate your membership and take legal action as appropriate if you Post any Prohibited Content on the Website. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise offensive;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
- includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
- constitutes or includes any illegal or unauthorised copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music or links to pirated music files, or (4) Content which otherwise violates the terms of Section 8 below;
- displays pornographic or sexually explicit material of any kind;
- includes material that exploits people in a sexual or violent manner, or is intended to solicit personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- solicits people you don't know to add you or accept you as a friend on the Service.
- Photo Policy The purpose of your photo on OZMATE is to identify you, or to give potential friends within your personal network an idea of what you look like. We suggest you upload a high-quality photo of yourself that is both clear and current. You must not use any image that depicts someone or something other than you, is copyrighted to someone else, or is otherwise misleading. For your own security and privacy, please do not upload photos that feature contact information such as names, phone numbers, email addresses, or website URLs
- Further Restrictions on Your Use of the Website and the Service.
- You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, or e-mail addresses.
- Although OZMATE cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and OZMATE. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.
- Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and Posted on the Website in a way that constitutes copyright infringement, please contact us. This clause does not affect any rights You may have under the Copyright Act 1968 (Cth).
- Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.
- Disclaimers.
- OZMATE relies on users to provide accurate information. We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilised in the operation of the Website or the Service.
- WE ARE NOT RESPONSIBLE FOR:
- THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE OR ANY INTERACTIONS BETWEEN THEM, OR
- ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE OR ANY CONTENT POSTED ON THE WEBSITE BY OTHERS.
- Information security. We strive to protect transmissions of data to and from the Website and the Service. However, We cannot guarantee any specific results from use of the Website or the Service and You acknowledge that no transmission of data over the Internet can be guaranteed as secure. You agree that We will not be liable for any loss, even where caused by Our negligence, suffered in relation to transmissions of data between You and Us.
- Limitations on Liability. To the extent possible under law, You agree that We are not liable for:
- any loss suffered by the user in connection with the user's use of OZMATE, even where caused by our negligence; or
- any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.
- Governing law. This agreement is governed by the laws of the Australian Capital Territory (ACT). You agree to submit to the exclusive jurisdiction of the courts of the ACT.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
- Survival These clauses survive the expiration or earlier termination of this Agreement: 2, 4, 8, 9, 10, 11 and 15.
- Privacy. We may reasonably use any personal information that You supply to Us for any purpose in connection with the provision of the Services. You agree that We may disclose this personal information to third parties engaged by Us in connection with the provision of the Services.
- Other.
- Acceptance of Agreement. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member.
- Entirety of Agreement. This Agreement, and any notices regarding the Website or the Service sent to you or posted on the Website, contains the entire agreement between you and us regarding the use of the Website or the Service.
- Waiver. If We fail to exercise (or delay in exercising) any rights under this Agreement, that failure or delay does not operate as a waiver of those rights.
- Severability. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect.
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