Last Updated March 14, 2017
The following terms of use agreement (the “Terms of Use”) governs your access to and use of websites and digital subscription services provided by James Goold House Publications. (“JGHP,” “us,” “our,” or “we”) and our related sites, applications, services, and/or tools, whether accessed via Internet, mobile, or other device or through applications and sites affiliated with JGHP products (collectively, the “Online Services”). By using the Online Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Online Services.
General
We reserve the right to change these Terms of Use from time to time, without actual notice to you, by posting a revised Terms of Use on our www.kwl.com.au website. We encourage you to review these Terms of Use on a regular basis to stay informed about any changes to the Terms of Use. By continuing to use the Online Services following changes, you are agreeing to be bound by the changes.
Your use of certain Online Services may be governed by additional terms, guidelines, or rules, which will be posted on the applicable Online Service. All such applicable terms, guidelines, or rules are incorporated by reference into these Terms of Use. To the extent those additional terms, guidelines, or rules conflict with these Terms of Use, they will govern.
While we try to maintain the integrity and security of our Online Services and the servers from which our Online Services are operated, we cannot guarantee absolute security, completeness, or correctness, or that access to our Online Services will be uninterrupted. Our Online Services may include inaccuracies, errors, and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to our Online Services. If you become aware of any unauthorized third party alteration to our Online Services, please contact us with a description of the material(s) at issue and the URL or location on our Online Services where such material(s) appear.
Member Sign In
Registration with the Online Services is required in order to access certain interactive services.
You may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold JGHP, its parents, affiliates, subsidiaries, operational providers, and partners harmless for any improper or illegal use of your password. For Content downloaded or accessed from our subscription service, at the end of the subscription period, your license to access/download further Content updates, terminates.
You may delete your profile entirely by contacting us. If your email address is cancelled or becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Online Services if you violate any provision of these Terms of Use.
Copyright
Copyright 2000-2017, James Goold House Publications. All rights reserved.
The Online subscription Services contain copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). The Online Services are protected as a collective work pursuant to Australian and international conventions, and other copyright laws. JGHP and third party content providers also own copyrights in the original content on the Online Services. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content. Subject to your compliance with the Terms of Use, you may download or copy one (1) copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree not to download, copy, or use Site Content for uses other than your personal, noncommercial use without express prior, written consent from us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
Permissions
If you are interested in reproducing any Site or Digital Folio Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to the address below…
James Goold House Publications
383 Albert St, East Melbourne VIC 3002
PO Box 146, East Melbourne VIC 8002
AUSTRALIA
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW), ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE ONLINE SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT JGHP, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE ONLINE SERVICES AT THE INVITATION OF JGHP, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE ONLINE SERVICES OR THE INFORMATION SET FORTH THEREIN; (B) YOUR BREACH OF ANY WARRANTY OR CONTRACT; AND (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE ONLINE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF JGHP OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE ONLINE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DOCUMENTS, AND OTHERWISE ON OUR ONLINE SERVICES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA OUR ONLINE SERVICES ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.
Indemnification
You agree to defend, indemnify, and hold harmless JGHP, its affiliates, and its third party service providers, and each of their respective controlling shareholders, directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with our Online Services or information provided therein (including any third party services); and/or (c) communications and disputes between you and any other users or third parties (including any third party provider or third party vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.