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THE FOLLOWING DESCRIBES THE
TERMS ON WHICH CYNF OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement
(herein referred to as "the Agreement" or "User Agreement")
for CYNF Pty. Ltd. (ACN 107417621) (herein referred to as
"CYNF" or "the Service").
CYNF owns and operates the
service and website located at the domain www.cynf.com. This
Agreement describes the terms and conditions applicable to
your use of our services available under the domain and
sub-domains of www.cynf.com (the "Site") and is a legally
binding agreement between yourself and CYNF Pty Ltd.
By using the Site you agree to
be bound by the terms and conditions of this Agreement.
If you do not agree to be bound
by the terms and conditions of this Agreement, do not use or
access our Site.
You must read, agree with and
accept all of the terms and conditions contained in this User
Agreement and the Privacy Policy, which include those terms
and conditions expressly set out below and those incorporated
by reference, before you may become a member of CYNF. This
Agreement does refer to other documents and parts of the Site.
We have for your convenience hyperlinked and marked some of
these by underlining certain words or phrases. It is strongly
recommended that you read all of this material whether
hyperlinked or not as they may contain further terms and
conditions that apply to you as a CYNF user.
We reserve the right to amend
this Agreement at any time. Since you are bound by this
Agreement, you should periodically refer to them in this
document and elsewhere on the Site.
This Agreement is effective
upon acceptance during the membership registration process for
new members, and is otherwise effective on 1 December, 2003
for all users.
1. MEMBERSHIP
1.1 Eligibility. The Site
available to all individuals who are over the age of 14 who
have not been temporarily or permanently suspended as members.
If you do not qualify, please do not use our web site and
other services. By using the Site, you represent and warrant
that you have the right, authority, and capacity to enter into
this Agreement and to abide by all of the terms and conditions
of this Agreement.
1.2 Term. This Agreement will
remain in full force and effect while you use the Site and/or
are a member. You may terminate the membership at any time,
for any reason by following the instructions on the "My
Account" page.
We retain the right to at any
time for any reason to suspend or terminate your use of the
Site or other services and refuse any and all current or
future use of all or any portion of the Site or other
services. If CYNF terminates your membership because you have
breached this Agreement you will not be entitled to any refund
of unused membership subscription fees.
Even after membership is
terminated, this Agreement will remain in effect.
1.3 Non Commercial Use by
Members. This Site is designed for personal use by individual
members and may not be used in connection with any business.
Organisations, companies, government departments, and/or
businesses may not use any part of this Site.
We have created CYNF Corporate
as a separate service for those business and other
organisations so that they may too use the power CYNF
offers.
1.4 Password and Security. When
you complete our registration process you will create a
password that will enable you to access our services. You are
responsible for maintaining the confidentiality of your
password, and are fully responsible for all activities that
occur through the use of your password. You agree to
immediately notify us of any unauthorized use of your password
or any other breach of security.
You agree that CYNF cannot and
will not be liable for any loss or damage arising from your
failure to comply with the above.
1.5 Fees. Access to the Site
and use of selected features of our services with the Bronze
category of membership is free. We do however charge for
additional features in our Silver and Gold categories of
memberships, which is at the discretion of the user to take
up. These charged memberships are time limited and once the
term of these memberships expires the user membership category
will be downgraded to Bronze until such time as further
payment is made.
Whilst we are always looking to
upgrade the features of our membership categories we do
reserve the right to vary the features offered in various
membership categories at any time for any reason.
We also reserve the right to
credit time against any membership category at any time for
any reason. This credit time is given to the particular member
for their enjoyment and use, it is non-transferable.
Unless otherwise stated all
fees are quoted and charged in U.S. Dollars. You are
responsible for paying all applicable fees and taxes.
Fees are charged for time
related membership to the Site. These fees are not related to
individual lending activities that members may engage in. This
Site receives no revenue from the lending process.
1.6 Transferability. Membership
to the Site is non-transferable between users without the
explicit approval of CYNF.
2. YOUR INFORMATION
2.1 Definition. "Your
Information" is defined as any information or material you
provide to us during the registration process or subsequently
from the use of our Site, including asset information.
You are solely responsible for
Your Information we only act as a passive conduit for your
online distribution and publication of this information. If
there is information that you are not comfortable entering
into our Site then you should consider either not entering the
information or alternatively not using our Site.
2.2 Restricted Information. In
consideration of your use of the Site, you agree that Your
Information:
(a) shall not be
fraudulent;
(b) shall not infringe any third party's
copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
(c)
shall not violate any law, statute, ordinance or
regulation
(d) shall not be defamatory, trade libellous,
unlawfully threatening or unlawfully harassing
(e) shall
not be obscene or contain pornography, child pornography, or
photographs of unclothed persons(s);
(f) shall not contain
any viruses, Trojan horses, worms, timebombs, easter eggs or
other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information;
(g)
shall not create liability for us or cause us to lose (in
whole or part) the services of our ISP/s or other
suppliers;
(h) shall not link directly or indirectly to any
materials to which you would not have a right to link to or
include;
(i) be obscene or contain child pornography or, if
otherwise adult in nature or harmful to persons under the age
of 18 years, shall be distributed only to people legally
permitted to receive such content
In addition, you agree that you
will provide us with your valid, current e-mail address, both
at the time of your registration with us and from time to time
as your e-mail address changes.
You agree that your membership
profile, "My Assets" or any other portions of the website
reserved solely for member use may not be used for commercial
activity, sales of goods or services, or promotion of a
company, good, or service.
Without limiting our other
remedies, CYNF may suspend or terminate your ability to use
our services if we suspect that you are not in compliance with
this Section. Termination of services due to non-compliance
with this section will not result in refunds of membership
fees paid, if any, and you will forfeit the remaining period
of your paid membership, if any.
2.3 License. We do not claim
ownership of Your Information. We will use Your Information
only in accordance with our privacy policy. However, to enable
us to use your Public Information and to ensure we do not
violate any rights you may have to Your Information, you agree
to grant CYNF a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple
tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) you have in Your
Information, in any media now known or not currently known,
with respect to you're your Information.
2.4 Restriction on Use of Your
Information. Except as otherwise provided in our privacy
policy statement, we will not sell, rent or otherwise disclose
any personally identifiable information about you (including
your e-mail address) to any third party.
2.5 Consent to Disclosure. You
acknowledge and agree that CYNF may disclose Your Information
if required to do so by law or in the good faith belief that
such disclosure is reasonably necessary to:(a) comply with a
current judicial proceeding, a court order or legal process
served on our web site, (b) enforce this Statement or the
Terms of Service Agreement, (c) respond to claims that Your
Information violates the rights of third parties; or (d)
protect the rights, property or personal safety of CYNF, its
users and the public.
3. USE OF SERVICES
3.1 Control. You, and not CYNF,
are entirely responsible for all the information that you
enter, upload, e-mail, transmit or otherwise make available
via our website and services. We do not control this
information or other information provided by other members and
therefore do not guarantee the accuracy, integrity or quality
of this information. You understand that by using our website
and services, you may be exposed to information that is
offensive, indecent or objectionable. You agree that under no
circumstances to hold CYNF liable in any way for any
information, including, but not limited to, for any errors or
omissions in information, or for the loss or damage of any
kind incurred as a result of the use of this information.
3.2 Release. Because CYNF is a
facilitator only in the lending process, in the event that you
have a dispute with one or more users, you release CYNF (and
our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
3.3 Control of Information.
You, and not CYNF, are entirely responsible for all Your
Information that you make available via the Site. We do not
control this information and do not guarantee the accuracy,
integrity or quality of Your Information.
You understand that by using
the Site you may be exposed to offensive, indecent or
objectionable material.
3.4 Use by Children. Children
under the age of 14 are not eligible to use this Site. Whilst
we have taken a number of precautions to limit a child's
access to objectionable and pornographic material, which
include categorising items as age restricted and filtering
communications, we can not in all circumstances avoid a child
being exposed to some of these items. It is important that
suitable steps be taken by their parent to monitor and manage
a child's use of this Site.
It is worth noting that for the
physical swapping of assets, this Site facilitates the
physical meeting of members, it is important that parents are
aware of this function and take suitable steps to ensure that
their child is safe.
In addition it is worth noting
there are commercially available parental control protections
(such as computer hardware, software, or filtering services)
assist you in limiting access to material that is harmful to
minors.
3.5 Grounds for Removal,
Sanction and/or Suspension. Notwithstanding any other
provision of this Agreement, the following types of actions
are cause for immediate repeal and/or suspension of your
account:
(a) The use of our web site and services
to:
(i) harm another person in any way;
(ii) impersonate
any person (including CYNF staff and other members), or
falsely state or otherwise misrepresent your affiliation with
any person, through the use of similar e-mail addresses,
nicknames or any other method or device;
(iii) mislead with
the intention of misappropriating another person/s
assets;
(iv) "stalk" or otherwise harass another;
(v)
advertise merchandise, auctions, services or commercial web
sites, including offers to trade or charitable solicitations;
or
(vi) collect or store personal data about other
users;
(b) Posting any material:
(i) that is unlawful,
harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, profane, libelous, invasive of
another's privacy (including the posting of private e-mails or
contact information about another individual), hateful, or
racially, ethically or otherwise objectionable, including any
material that may be considered hate speech;
(ii) that is
obscene, pornographic or adult in nature;
(iii) that you do
not have a right to make available under any law or under
contractual or fiduciary relationships;
(iv) that infringes
any patent, trademark, trade secret, copyright or other
proprietary rights of any party; or
(v) that is unsolicited
or unauthorized advertising, promotional materials, or any
other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
(c) Encouraging
others to violate this Agreement;
(d) Refusing to follow
CYNF staff instruction or direction; or
(e) Violation
(intentional or unintentional) of this Agreement, or of any
applicable local, state, national or international law, and
any regulations having the force of law.
Also, your posting of other
inappropriate actions or other materials may also warrant
removal and/or suspension from the Site. CYNF reserves the
right to remove any post or other material without warning or
further notice.
For purposes of this Agreement, "posting" includes uploading, posting, e-mailing, transmitting
or otherwise making available. Without limiting the foregoing,
CYNF shall have the right to remove any material that violates
this Agreement or is otherwise objectionable.
3.6 Access and Interference.
Much of the information on this site is updated on a real time
basis and is proprietary or is licensed to CYNF by our users
or third parties. You will agree that you will not use any
robot, spider, scraper or other automated means to access the
Site for any purpose with out our express written permission.
Further you agree that you will
not copy, reproduce, alter, modify, create derivative works,
or publicly display any content (except for Your Information)
from our Site without the prior express written permission of
CYNF or the appropriate third party authorised to grant such
permission.
You agree that you will not
take any action that imposes an unreasonable or
disproportionately large load on our infrastructure.
You agree interfere or attempt
to interfere with the proper working of the Site or any
activities conducted on the Site.
3.7 General Practices Regarding
Use of Services. You acknowledge and agree that we may
establish general practices and limits concerning the use of
our web site and services. You agree that we have no
responsibility or liability for the storage or the deletion
of, or the failure to store or delete, any of Your
Information. You acknowledge that we reserve the right to log
off users who are inactive for an extended period of time. In
addition, you acknowledge that we reserve the right to change
these general practices and limits at any time, in our sole
discretion, with or without notice.
4. LOANS
4.1 Loans. Notwithstanding any
other provision of this Agreement, CYNF is a facilitator of
lending only, it is not a party to any transaction you may
have with another member. At all times you remain in control
of the decision to lend an asset or not. It is neither the
place or intent that CYNF manage these transactions. It is
your responsibility to ensure you are entirely comfortable
with the asset loan you intend to make. CYNF does record loans
and sends out reminders for the return of assets under your
guidance via e-mail. CYNF can not be responsible for the
delivery of such e-mails or the return of assets nor the
integrity of these loan records. This service is provided to
assist the lending process and at no time should a user rely
upon this process as their sole means of tracking an asset.
Similarly, CYNF as facilitator can not be responsible for loss
or damage to assets in the hands of the owner or a user
borrowing the said asset.
As a result we ask our users to
exercise caution and good judgement when deciding whether to
agree to a particular loan request. If the member is under 18
years of age, then that member should first seek guidance and
approval from a relevant parent or guardian before lending any
particular asset.
4.2 Meetings. Through our
services we provide tools that enable our users to arrange the
physical lending process which includes typically a
face-to-face meeting. We do not supervise these meetings and
are not involved in any way with the actions of any
individuals who are present at these meetings. As a result, we
have no control over the identity or actions of the
individuals who are present at this meetings, and request that
our users exercise caution and good judgement when attending
these meetings.
5 COMMUNICATIONS
5.1 You understand and agree
that CYNF sends e-mails upon your request to other members in
your network to facilitate the lending process. These e-mails
are prepared by CYNF but are originated and authorised by
yourself.
You hereby authorise CYNF to
send these e-mails and to insert your e-mail address and
various other details into the e-mail and its header. You
further release CYNF (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising from these e-mails you
originate.
On all e-mail communication
where practical we disclose the IP Address of the member
completing the information and the date and time so that any
mis-use of this service can be tracked back to its source.
All e-mails sent via CYNF, will
have "CYNF: " at the beginning of the subject line so that it
is clearly identifiable.
5.2 Other Members. We do not
control the information provide by other members which is made
available through this website. You may find other members' information to be offensive, harmful, inaccurate or deceptive.
Likewise, you will receive
e-mails sent by CYNF on behalf of other members, you may find
these e-mails to be offensive, harmful, inaccurate or
deceptive.
You hereby agree to release
CYNF (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way from e-mails received from other
members.
6 PRIVACY
6.1 We do not sell or rent
personally identifiable information to third parties for their
marketing purposes without your explicit consent and we only
use your information as described in our Privacy Policy. We
view the protection of users' privacy as a very important
community principle. We clearly understand that your
information is our most important asset. We store and process
your information on servers that are protected by physical as
well as technological security devices. Our current privacy
policy is available at http://www.cynf.com/privacy.html . If
you object to your information being transferred or used in
this way please do not use our services.
7. LINKS
7.1 We may provide, or third
parties may provide, links to other web sites or resources.
Because we have no control over such web sites or resources,
you acknowledge and agree that we are not responsible for the
availability of such web sites or resources, and do not
endorse and are not responsible or liable for any content,
advertising, products, or other materials on or available from
such web sites or resources. You also acknowledge and agree
that CYNF shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any
such web sites or resource.
8 DEALINGS WITH PARTNERS AND
THIRD PARTIES
8.1 Your correspondence or
business dealings with, or participation in promotions of,
marketing partners or other third parties found on our web
site or through our services, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such marketing partner or other
third party. You agree that CYNF shall not be responsible or
liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such marketing partners or other third parties on our web
site or located through the use of our services.
9 INDEMNITY
9.1 You agree to indemnify and
hold CYNF and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out
of your breach of this Agreement, the documents it
incorporates by reference, or your violation of any law, you
violation of any rights of a third party, your use of this
website, your borrowing facilitated through CYNF, your lending
facilitated through CYNF, e-mails initiated from our website
or Your Information.
9.2 The user is solely
responsible for their actions when utilising this service,
including, but not limited to, the costs incurred for Internet
access.
10 WARRANTIES & LIABILITY
10.1 YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. CYNF EXPRESSLY DISCLAIMS 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.
(b) CYNF MAKES 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.
(c) ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYNF OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT SPECIFICALLY
STATED IN THIS AGREEMENT.
10.2 YOU EXPRESSLY UNDERSTAND
AND AGREE THAT CYNF SHALL NOT BE LIABLE 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 CYNF 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 MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
10.3 OUR LIABILITY TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
GREATER OF (i) THE AMOUNT OF FEES, IF ANY, YOU PAY US IN THE
TWELVE MONTHS PRIOR TO THE ACTIVE GIVING RISE TO LIABILITY,
AND (ii) $100.
11 DISPUTE RESOLUTION
11.1 Process. The parties will
attempt in good faith to resolve through negotiation any
dispute, claim or controversy arising out of or relating to
this Agreement including documents it incorporates by
reference, your use of our website, Your Information, your
violation of any law or the rights of a third party, or your
participation in loans.
In the event that the dispute,
claim or controversy is not resolved by these negotiations
then the matter will be submitted to an independent arbitrator
of CYNF's choosing.
In addition either you or CYNF
may seek interim or preliminary relief from a Court of
competent jurisdiction in Perth, Western Australia necessary
to protect the rights or property of you or CYNF pending the
completion of arbitration.
11.2 Arbitration. The parties
agree that any and all disputes, claims or controversies
before mentioned shall be submitted to final and binding
arbitration.
11.3 Enforcement. The
provisions of section 11.2 may be enforced by any court of
competent jurisdiction, and the party seeking enforcement
shall be entitled to an award of costs, fees and expenses,
including attorneys fees, to be paid by the party against whom
enforcement is ordered.
11.4 Notice; Waiver. By
agreeing to this Agreement you have, except as otherwise
specified in section 11.1, all disputes, claims or
controversies arising out of or relating to this Agreement
decided by negotiation and/or neutral arbitration as provided
in this Section 11, and you are giving up any rights you might
possess to have those matters litigated in a court or jury
trial. Also, by agreeing to this Agreement you are giving up
your judicial rights to discovery and appeal except to the
extent that they are specifically provided for under this
Agreement. If you refuse to submit to arbitration after
agreeing to this provision, you may be compelled to arbitrate
under federal or state law. Your agreement to this arbitration
provision is voluntary.
12 MODIFICATIONS
12.1 We reserve the right at
any time or times to modify or discontinue, temporarily or
permanently, all or any portion of our web site and services
with or without notice. You agree that we shall not be liable
to you or to any third party for any modification, suspension
or termination of the web site or services.
13 TERMINATION; BREACH
13.1 You agree that we, in our
sole discretion, may issue a warning, temporarily suspend,
indefinitely suspend or terminate your account or your ability
to use all or any portion of our web site and services, for
any reason, including, without limitation, (a) for lack of
use, (b) if we believe that you have violated or acted
inconsistently with the letter or spirit of this Agreement or
the documents it incorporates by reference, (c) if we are
unable to verify or authenticate any information you provide
to us, or (d) if we believe that your actions may cause legal
liability for you, our users or us. You agree that any
termination of your account or access to all or any portion of
the Services under any provision of this Agreement may be
effected without prior notice, and acknowledge and agree that
we may immediately deactivate or delete your account and all
related information and files in your account and/or bar any
further access to such files or our web site and services. You
also agree that we shall not be liable to you or any third
party for any termination of your use of or access to all or
any portion of the web site and services.
13.2 The
temporary suspension, indefinite suspension or termination of
your account or your ability to use any portion of our website
will not result in refunds of membership fees paid, if any,
and you will forfeit the remaining period of your paid
membership, if any.
14 TRADEMARKS; COPYRIGHTS;
PROPRIETARY RIGHTS
14.1 CYNF's Trademarks. CYNF
trademarks and service marks, and other CYNF logos, products
and service names, are trademarks of CYNF Inc. (the "CYNF
Trademarks"). You agree not to display or use in any manner
the CYNF Trademarks without CYNF's prior written consent.
Nonetheless, CYNF's written consent shall not be required if
your display or use of the CYNF Trademarks constitutes
noncommercial use, news reporting or news commentary.
14.2 Copyrights and Trademarks
of Others. CYNF respects the intellectual property of others,
and we ask our users to do the same. To the extent CYNF uses a
trademark that is the property of a third party, CYNF shall
provide clear notice to anyone viewing CYNF's use of that
trademark that (a) CYNF does not own the trademark and that
the trademark is the property of a third party, (b) CYNF has
no affiliation, connection or association with that third
party, and (c) that third party has not approved or sponsored
CYNF's use of the trademark in any way. If you believe that
your work has been copied in a way that constitutes copyright
or trademark infringement, or your intellectual property
rights have been otherwise violated, please provide notice of
such violation(s) to CYNF as provided in Section 17.1.
14.3 Proprietary Rights. You
acknowledge and agree that our web site and our services
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You also acknowledge and agree that content contained in
sponsor advertisements or information presented to you through
our web site and services or advertisers is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as consented to by CYNF or
advertisers in writing, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on our
web site or services, in whole or in part.
15 NO RESALE
15.1 You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of CYNF's web site or
services, use of the web site or services, or access to the
web site or services.
16 ADDITIONAL TERMS
16.1 Notices. Except as
otherwise stated, any notice to us shall be given by e-mail to
l e g a l @ c y n f . c o m , and any notice to you shall
be given to the e-mail address that you provided us during the
registration process. Notice shall be considered given 24
hours after e-mail is sent, unless the sending party is
notified that the e-mail address is invalid.
16.2
Incorporation by Reference. Our privacy policy statement
(http://www.cynf.com/privacy) is incorporated by reference. We
may change our privacy policy statement at any time or times
and our changes are effective immediately
16.3 Entire
Agreement. This Agreement constitutes the entire agreement
between you and CYNF, superseding any prior agreements between
you and CYNF.
16.4 No Agency. No agency, partnership, joint
venture, employee-employer or franchiser-franchisee
relationship between you and CYNF is intended or created by
this Agreement.
16.5 Governing Law. This Agreement and the
relationship between you and CYNF shall be governed by the
laws of the State of Western Australia without regard to its
conflict of laws provisions, as such laws are applied to
agreements entered into and to be performed entirely within
Western Australia between West Australian residents. You and
CYNF agree to submit to the personal and exclusive
jurisdiction of the courts located within the State of Western
Australia.
16.6 Assignment. You agree that this Agreement
and all incorporated agreements may be automatically assigned
by CYNF, in our sole discretion, to one or more third parties
in the event of a merger or acquisition.
16.7 No Guaranty.
We do not guarantee continuous, uninterrupted or secure access
to our services, and operation of our web site may be
interfered with by numerous factors outside of our
control.
16.8 No Waiver. CYNF's failure to exercise or
enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision and does not
waive our right to act with respect to subsequent or similar
breaches.
16.9 Severance. If any provision of this
Agreement is found to be invalid by a court of competent
jurisdiction, you and CYNF nevertheless agree that the court
should endeavour to give effect to the parties' intentions as
reflected in the provision, and that the other provisions of
this Agreement will remain in full force and effect.
16.10
Survival. Sections 2.3 (License), 3.6 (Access and
Interference), 3.2 (Release), 9 (Indemnity), 10 (Warrants;
Liabilities), and 11 (Dispute Resolution) shall survive any
termination or expiration of this Agreement.
16.11
Limitation. You and CYNF each agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to the use of our services or this
Agreement must be filed within one (1) year after the claim or
cause of action arose or be forever barred.
16.12 Titles.
The section titles in this Agreement are for convenience only
and have no legal or contractual effect.
17 DISCLOSURES
17.1 The services under this
Agreement are offered by CYNF Pty. Ltd., Perth Western
Australia.
Please report any violations of this Agreement by
sending a notice of violation to the Secretary of CYNF by
e-mail,
to the following address: s e c r e t a r y @ c y n f . c o
m
By indicating during
registration that you have read and agreed to this Agreement,
you are agreeing that you have read and understood this
Agreement and agree to all of the terms of this Agreement,
including Section 11 which provides that, except where
otherwise specified in Section 11.1, all disputes, claims or
controversies arising out of or relating to this Agreement
shall first be dealt with through negotiation and if the
dispute is not resolved shall then be submitted to binding,
neutral arbitration.
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