The Service is owned by Deotome Pty Ltd (Australia) (which may be referred to herein as “dittolog,” “dittolog.com”, “ mydittolog”, “mydittolog.com”, “DITTO” “we,” or “us” or “our”).
DESCRIPTION OF SERVICES
The Services are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for personal, non-commercial, use only.
Dittolog Flight Movement Management System:
Dittolog is a propriety hardware/internet solution owned and developed by Deotome P/L. Dittolog is a service designed to automatically log flight movement parameters, pilot and aircraft identification, and subsequently upload this information to our web servers for dissemination to subscribers in a range of data formats. Dittolog is a ‘cloud’ computing solution which, requires the installation of hardware both in aircraft and at the airfield.
Dittolog provides at no charge (free) an on-line logbook for individual users. This service is available as long as Users agree to the terms of this TOU/EULA.
Organisations that choose to use dittolog flight data for any purpose to agree to pay an amount determined either by number of users, or in some instances a fixed agreed charge, for access to data recorded to the dittolog system, regardless of whether the flight-data is downloaded or not. Organisations agree to this fee as advised at time of creation of your Organisation in our dittolog database. This cost may be adjusted annually to reflect normal inflation rates and all participating organisations agree to said price increases.
Third Party Software Integration (API)
Dittolog has available an API that allows organisations using third-party accounting systems or similar access to dittolog data from our servers if approved by us to do so.
Organisations, where importing data to a third party software package, via our published API, agree to providing, at a minimum the following information to us at time of new-user creation.
API Users (Organisations) also agree to automatically update any changes on our dittolog servers, via the API when these parameters they occur.
- First Name
- Last Name
- Date of Birth
- Email Address
Failure to provide the above information or abuse of the API by submitting incorrect information will result in termination of dittolog services. The API may change in functionality from time to time . Dittolog will always inform API users of impending changes, and distribute documentation that describes these changes. By using the API , the user agrees to accomodate these changes should they occur.
Dittolog : A wireless flight logging device that resides in the aircraft, and is used to read a pilots dittokey, and log particular flight parameters for later upload to our servers via a dittobase device.
Dittobase: A device that is normally permanently mounted in a prominent position on the airfield that allows for
- Wireless connection to all aircraft and their installed dittolog devices
- Internet connectivity via a Router approved by us.
Dittokey Reader : A PC/USB connected device, used to identify a dittokey’s assignee, or assign a dittokey to a subscriber
Dittokey : A small passive identification “key” that is carried by aircraft users for pilot identification to the dittolog in the aircraft
Miscellaneous Hardware: Many include any or all hardware including cables, antenna’s , power supplies, and any mounting hardware as deemed by us, necessary for a successful installation.
Includes any software or firmware release as listed below
Dittolog Virtual Services: Any feature or function provided by us on a subscription basis to any registered User.
Dittokey Reader Software: A PC application that runs in conjunction with a dittokey reader device to identify the owner of a key, or assign a key to an owner.
Dittolog firmware: A programme designed to be loaded into a dittolog device to effect functionality as deemed necessary by us for effective operation of the dittolog system
Dittolog API : Provides third party software vendors access to our dittolog database for accounting an log-keeping in said third party software
dittolog.com: Is the promotional website for dittolog products and dissemination of news, product data, firmware upgrades etc.
mydittolog.com : Is a website for subscribers to gain access to flight data in accordance with the level of subscription purchased.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.
Organisations using the dittolog service agree toenter into a three year minimum contract period with dittolog.
As a User, when you complete the registration process, you create an account. Your account allows you to participate in certain activities on the mydittolog.com website. To create an account, you must select a login name and password, and provide a minimum of information that allows us to contact you as a subscriber for dittolog service promotion and maintenance.
You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA.
We disclaim any responsibility related to files uploaded by you or other users. By uploading files, you are assuming full responsibility for the consequences of doing so.
You are solely responsible for any and all conduct in entering, altering, modifying, sending or retrieving data, text information, screen names, graphics, photos, profiles, audio-visual clips, links or other content submitted, posted, displayed, transmitted or shared using your User Identification.
If you decide that you no longer wish to use our service from us, you must contact us via email on our website and request your subscription be cancelled. If you choose to cancel your mydittolog account, you will continue to have access to the service through to the end of the paid billing period (normally one year from date of last renewal or original subscription). After cancellation of your mydittolog.com account, we have no obligation to provide you with a copy of your data and may remove and discard any data. This TOU/EULA will automatically terminate when you cancel your account or when we no longer provide the Services.
You consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).
You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU/EULA or our enforcement or application of this TOU/EULA; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
We do not accept returns of any product which is not purchased directly from us. Such products must be returned to the place of purchase (web store, etc.) and are subject to the return/refund policies of the place of purchase.
Refunds made by us will be made using the same method you used when you purchased the product, either hardware or software or service based. For example, if you purchased a dittolog device from dittolog.com via credit card, any refund of the device you receive would be made as a credit to that credit card account.
Terminator Premium Refunds and Returns:
To obtain a refund for hardware purchased from you must meet certain requirements. Your right to obtain a refund lasts only for a limited time. All returns must be pre- authorized by us. You must receive a Return Merchandise Authorization Number (“RMA Number”)
To receive an RMA Number from us, contact Customer Support Mon. – Fri., 8:30 AM – 4:00 PM, AEST. The phone number in the Australia +61 07 3879 3005 . You must provide sufficient information for us to be able to identify your transaction, such as the order number and/or date of transaction. If we are able to identify your order and the request is made within the time frame discussed below, you will be assigned an RMA .
Dittolog Virtual Services: (1) Are not refundable.
Hardware: A ‘cooling off’ period of 14 days allows a user to return product in “as new” condition for a full refund. We are not responsible for lost or misdirected mail, delays or other communication system delays. We will not refund any shipping or handling charges that may have been charged to you.
Once you have returned the product to us, all rights you may have been granted with respect to the product are thereby terminated. Any further use of the product or services surround it will constitute an infringement of our intellectual property rights as well as a violation of this EULA.
Fees paid for yearly subscriptions of mydittolog.com privileges are non- refundable. Mydittolog.com Premium accounts include data mirroring which maintains data on an additional server for fast recovery in case of hardware failure of the main server. Free accounts may not have data mirroring and in case of hardware failure, some data loss may occur on the server. Mydittolog.com saves a copy of each file that is automatically transmitted by the dittobase . Mydittolog.com does not maintain multiple copies of your flight data. Your flight data may not be available or restorable if:
(i) Mydittolog.com has not completed copying your files or changed files;
(ii) for files, folders, or disk drives that are not automatically backed-up,
(iii) you delete a file using the website user interface which deletes the file from the server,
(iv) your computer is unable to access the Internet or Mydittolog.com servers;
(v) you fail to follow dittolog’s technical requirements, including upgrading the firmware version of any dittolog products as required;
(vi) you terminate your subscription or fail to renew your subscription to the Mydittolog.com Services.
You are solely responsible for maintaining the confidentiality of your Mydittolog.com user name and password and you are solely responsible and liable for any and all activities that occur with respect to your account. Compromise of your username and/or password may compromise the security of your data. Mydittolog.com security features include safeguards designed to protect your data including data encryption and secure transfers to our data centers. Your flight data is accessible by supplying your valid login credentials and via (i) an Internet enabled computer using the website user interface, or (ii) certain software applications, including mobile device applications. Although we make commercially reasonable efforts to store your personal information and flight data in a secure operating environment that is not accessible to unauthorized users, we cannot guarantee complete security. By using such products and services, you knowingly accept this risk.
Trials: If you sign up for a trial, you are entitled to a full subscription version of the sservice for the trial period disclosed in the offer. After the trial period ends, the subscription fee will be charged or debited to the credit or debit card you provided at the time you signed up for the trial. Subsequent renewal of your subscription is covered by the paragraph below entitled Term and Automatic Renewal. During the trial period, you may cancel your subscription at any time by contacting Customer Support and if you cancel before the end of the trial period, you will not be billed for the subscription fee.
INTELLECTUAL PROPERTY RIGHTS/SUBSCRIPTION
Copyright Notice. © Swift Avionics Ptl Ltd, Australia , 2011. All rights reserved.
The Service is controlled and operated by us. The Service, and all materials accessible through the Services, including code, images, text, illustrations, logos, audio and video files (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or subscription d by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by Australian and foreign laws and international copyright treaties. Material from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice.
Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a subscription under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us;
You may not link to any of our websites, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.
Notification and Procedure for Making Claims of Copyright Infringement. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement.
If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:
- A physical or electronic signature of the person authorized to act on behalf the copyright owner;
- Identification or description of the copyrighted work you claim has been infringed;
- Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; and
- Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner’s behalf.
Trademarks. “dittolog and mydittolog” and other marks, logos, and service names are our trademarks and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates’ trademarks may be used in connection with any product or service that is not ours or our affiliates’, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.
By installing and/or using our products , virtual or otherwise (“service”), you agree to the following:
i. Subscription . We grant you a non-exclusive subscription to use our services solely for personal use and only for the purpose of accessing the Service. We and our software licensors/suppliers reserve the right to add additional features or functions to the software at any time, without requesting your approval. Updates may occur automatically when you use the Service. Changes to this End User Subscription Agreement may be made by us and will be posted on the website. Your continued use of the service will constitute consent to the revised terms. We are under no obligation to support services for which a subscription has not been purchased and paid for in full. We may at any time suspend or terminate this subscription and disable the services.
Term and Automatic Renewal: For customers who purchase a service, upgrades and minor releases of the service are free from the original date of subscription purchase until the end of the initial term. After the initial term, service upgrades are provided to you only if you have renewed your subscription. IMPORTANT: The automatic renewal at the time of purchase does not require you to take any further action in order to renew your dittolog services. The credit/debit card used for purchase of the initial services will be charged the then-current subscription renewal fee, excluding promotional and discount pricing, plus any applicable taxes automatically on or about ten days prior to subscription expiration unless one of the parties has cancelled the service or provided the other party with notice of its intent not to renew the service at least 60 days prior to the end of the initial term or renewal term. Please note that we reserve the right to charge the then-current annual subscription renewal fee base on your previous years maximum level of services, to your credit/debit card in increments (quarterly in 4 equal installments, semi-annual in 2 equal installments, etc.). The renewal term of the Subscription shall be for the period and level selected by you when you purchased the initial subscription. You can opt out of the automatic subscription renewal any time by contacting Customer Support. Upon expiration of your subscription , the subscription will revert to a free version of the service with limited functionality. Notwithstanding the foregoing, we may at any time (without prejudice to its other rights or remedies) terminate the automatic subscription renewal in whole or in part.
If you signed up for a monthly paid subscription of the Mydittolog.com Service, you agree to pay the then current and applicable subscription fees. You agree that we will automatically renew your subscription to the paid Mydittolog.com Service and automatically charge you the then current renewal fees for such renewed subscription using the credit card associated with your subscription. Upon any non-renewal, termination, or expiration of your subscription to the paid Mydittolog.com Service (i) the subscription granted herein by us will automatically terminate at the end of the paid billing period and you will have no further right to use the Mydittolog.com services, (ii) the Mydittolog.com services may be disabled by us without notice to you, and (iii) you will no longer have the right to access or retrieve data. You acknowledge and agree that our policy is to automatically delete all of your data upon non-renewal, termination, or expiration of your subscription to the Mydittolog.com Service and that it is solely your responsibility to seek another source data storage requirements.
ii. Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the online mydittolog application for any reason. You may not rent, sell, lease, subsubscription , distribute, assign, or use the services for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the service is subscription, not sold, and that the software and all rights not expressly granted herein are reserved to us and our licensors/suppliers. We reserve the right to remove or replace any uploaded files You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. The materials provided herein are for personal, non-commercial use only. Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a subscription under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU/EULA, all rights are reserved by us. You may not link to this website without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.
ACCEPTABLE USE POLICY
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
This Section defines the Acceptable Use Policy (“Policy”) relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU/EULA.
For example, you may not use the Services to create, transmit, distribute, or store material that:
- Violates a trademark, copyright, trade secret or other intellectual property rights of others
- Violates the privacy, publicity or other personal rights of others
- Impairs the privacy of communications
- Contains obscene, offensive or inappropriate content
- Constitutes pornography
- May be threatening, abusive or hateful
- Violates export control laws or regulations
- Encourages conduct that would constitute a criminal offense or give rise to civil liability
- Causes technical disturbances to the Service, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
- Assists or permits any persons in engaging in any of the activities described above
- Involves deceptive on-line marketing
If you become aware of any such activities, you are obligated to immediately notify us.
We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.
We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action we deem appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU/EULA and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.
You agree to indemnify, defend and hold us harmless as well as any parent company, subsidiaries, affiliates ( and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, demands, including but not limited to reasonable attorney’s fees, arising from or in any way related to any alleged violation of this TOU/EULA by you, use of the Services by any other person through you or using your computer or your account, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU/EULA.
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU/EULA OR THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.
By using the Service, You:
- agree that the substantive laws of the state of Queensland, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU/EULA;
- consent to exclusive personal jurisdiction and venue in a court located in Brisbane, Queensland for any legal action connected in any way, directly or indirectly, to the subject matter of this Agreement, the Service or to this website;
- agree that you may not assign any or all of your rights and obligations under this TOU/EULA without our prior written consent, which may be withheld in our sole discretion;
- agree that all provisions of this TOU/EULA relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
- agree that nothing in this TOU/EULA shall be deemed to convey any third party rights or benefits;
- agree that except as otherwise required by law, any cause of action or claim you may have with respect to the Service, this TOU/EULA or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
- agree that if any portion of this TOU/EULA is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of this TOU/EULA remain in full force and effect;
- agree that no waiver of any breach of any agreement or provision of this TOU/EULA, nor any failure to assert any right or privilege contained in this TOU/EULA, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
- agree that the section titles in this TOU/EULA are for convenience only and have no legal or contractual effect; and
- agree that this TOU/EULA (including all policies, notices and other terms incorporated into this TOU/EULA by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
Last Updated: March 30, 2012