The Site is operated byFormition Pty Ltd, Victoria, Australia, the distributor of software in Australia, ABN 25 601 437 843
By accessing and using any of the Site, you agree to be bound by the Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site and the Internet. If you do not agree to the Terms and Conditions in their entirety please leave the Site.
All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations and software, (Content) is owned by Formition. The Site including, but not limited to, the general design and the Content, is protected by copyright, moral rights, trade marks and other intellectual property rights. Except as explicitly permitted by applicable copyright laws or under the Terms and Conditions or another agreement between you and Formition, no portion or element of the Site or its Content may be copied or reproduced in any form or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Formition unless otherwise expressly agreed. All such rights are reserved.
The copyright in all Content is and remains owned by Formition or its affiliated companies or Formition's licensors as appropriate. Except as may be otherwise indicated on the Site or authorised under applicable copyright laws, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. Otherwise, except as permitted by applicable copyright laws, you may not modify any Content, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, and you may not reuse any Content without first obtaining the consent of Formition. For purposes of the Terms and Conditions, the use of any Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trade mark or other proprietary notices from Content found on the Site.
In the event you download or use software (including but not limited to web services, databases, api's, webpages, screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by Formition . Formition does not transfer title to the Software to you. You own the data on which your data is added, but Formition and/or its licensors retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
The Site and the Content and any applications provided by Formition Pty Ltd and its 3rd party services are provided 'as is' and, except to the extent required by law, without any warranties of any kind. The information on the Site is for general information purposes only and does not constitute advice.
Except to the extent required by law, Formition does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, Formition will not provide for specific IT infrastructure or connectivity. Thus Formition cannot represent or warrant the Site will be uninterrupted or error free. Except to the extent required by law, Formition does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In the event of malfunctioning software, Formition will attempt to prevent such occurrences through good processes and procedures, however Formition will not provide any reimbursements or warranties. Formition will also endeavor to prevent such occurrences from happening again.
Your use of the Site and any services is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Formition limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law, neither Formition , nor any of its employees, officers, directors or any of its agents, contractors or any other party involved in creating, producing or delivering the Site or any Content will be liable for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, the Site or Content or any other material or product provided to you via the Site, including damage caused by viruses or any incorrectness or incompleteness of the information on the Site, or relating to the performance of the products obtained via the Site or otherwise arising out of or in connection with the Site or the Terms and Conditions, even if Formition has been advised of the possibility of any such loss or damage.
The limitations and exclusions set out in this section do not apply to any liability of Formition for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Formition may deny you access to the Site at any time in its sole discretion, and which shall include situations where Formition believes that your use of the Site is in breach of any of the Terms and Conditions and/or applicable laws.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Formition shall have the non-exclusive, royalty-free, right and licence to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world.
You acknowledge and agree that Formition only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of or for any offensive, unlawful or objectionable content you may encounter on the User Generated Content. Formition shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Formition be under an obligation to do so. Without limiting the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Formition . Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the licence as stipulated in this paragraph. You agree to indemnify Formition and keep Formition indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Formition or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.
Formition reserves the right at its sole discretion to block, remove (in whole or part) or restrict any User Generated Content posted or transmitted by you and which Formition believes is not in accordance with the Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Formition , without notice, and without liability to you or anyone else.
You warrant that your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Formition a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
You agree to promptly notify Formition in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches the Terms and Conditions. You agree to provide to Formition sufficient information to enable Formition to investigate whether such User Generated Content (or other Content) breaches the Terms and Conditions. Formition agrees to make good faith efforts to investigate such complaint and shall take such action as Formition in its sole discretion decides. However, Formition does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
Formition maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Formition business (including without limitation footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to Formition . You should therefore not post any Materials on the Site or send these to Formition by e-mail or otherwise.
If you have any questions or comments about the Site or the Terms and Conditions or in the event that you wish to make a complaint regarding the Site (or its Content), then please contact us. The contact details are:
E-Mail: firstname.lastname@example.org or email@example.com
Formition reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to the Terms and Conditions will mean you accept those changes.
Each provision of the Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of the Terms and Conditions.
The Terms and Conditions shall be governed by the laws of Victoria, Australia, and you and Formition hereby submit to the non-exclusive jurisdiction of the courts of Victoria.
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