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FORUM REGISTRATION TERMS Registration to the general areas of this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the “I agree” checkbox and press the '“Register”' button below. If you would like to cancel the registration process, click here to return to the forums index. Welcome to AussieCelebs.com! The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which AussieCelebs.com. ("AussieCelebs.com") offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from this Agreement. By using AussieCelebs.com, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using AussieCelebs.com. AussieCelebs.com may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of http://www.aussiecelebs.com where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you. THE SERVICES AND CONTENT OF AUSSIECELEBS.COM 1.1 Basic description of the service: AussieCelebs.com, a multi-user environment, including software and websites. "AussieCelebs.com" is the multi-user online service offered by AussieCelebs.com, including the software provided to you by AussieCelebs.com (collectively, the "AussieCelebs.com Environment") and the online environments that support the service, including without limitation: the server computation, software access, messaging and protocols that simulate the AussieCelebs.com environment (the "Servers"), the software that is provided by AussieCelebs.com and installed on the local computer or other device you use to access the Servers and thereby view or otherwise access the AussieCelebs.com environment (the "Viewer"), application program interfaces provided by AussieCelebs.com to you for use with AussieCelebs.com (the "APIs"), and access to the websites and services available from the domain and subdomains of http://www.aussiecelebs.com (the "Websites"). The Servers, Viewer, APIs, Websites and any other AussieCelebs.com Environment collectively constitute the "Service" as used in this Agreement. The owner of AussieCelebs has the right to remove, edit, or move any image or post for any reason, as well as to ban and deny access to users. 1.2 AussieCelebs.com is a service provider, which means, among other things, that AussieCelebs.com does not control various aspects of the Service. You acknowledge that AussieCelebs.com is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. AussieCelebs.com generally does not regulate the content of communications between users or users' interactions with the Service. As a result, AussieCelebs.com has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. Although the administrators and moderators of AussieCelebs.com will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the individual author/s, and neither the administrators, moderators or owners of AussieCelebs.com will be held responsible for the content of any message. 1.3 Content available in the Service may be provided by users of the Service, rather than by AussieCelebs.com. AussieCelebs.com and other parties have rights in their respective content, which you agree to respect. You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). AussieCelebs.com does not pre-screen Content. You acknowledge that AussieCelebs.com and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from AussieCelebs.com. You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any applicable laws. Likewise you warrant that you will not post any images for which you are not the copyright holder, or upload any images that are obscene, vulgar, hateful, threatening, or otherwise violative of any laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. 1.4 AussieCelebs.com is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at AussieCelebs.com's sole discretion. AussieCelebs.com reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that AussieCelebs.com will not be liable for any interruption of the Service, delay or failure to perform, and you understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform. AussieCelebs.com has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion. 1.5 In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites. Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at http://www.aussiecelebs.com. AussieCelebs.com may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. ACCOUNT REGISTRATION AND REQUIREMENTS 2.1 You must establish an account to use AussieCelebs.com, using true and accurate registration information. You must establish an account with AussieCelebs.com (your "Account") to use the Service, except for those portions of the Websites to which AussieCelebs.com allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorize AussieCelebs.com, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. AussieCelebs.com reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that AussieCelebs.com cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user. 2.2 You must be 18 years of age or older to access AussieCelebs.com; persons under the age of 18 are expressly denied registration to the Service. AussieCelebs.com cannot absolutely control whether minors or adults gain unauthorized access to the Service. You must be at least 18 years of age to participate in the Service. If you reside in a jurisdiction where the age of majority is greater than 18 years old, you are prohibited from accessing the Service until you have reached such age of majority. By accepting this agreement, you represent that you are an adult 18 years of age or older. By accepting this agreement in connection with an Account for use in this Service, you represent that (i) you are at least 18 years of age; and (ii) you have read and accept this Agreement. AussieCelebs.com cannot absolutely control whether minors gain access to the Service, and makes no representation that users are not minors. AussieCelebs.com cannot absolutely control whether minros gain access to the Service, and makes no representation that users inside the Service are not adults. AussieCelebs.com cannot ensure that users will not provide Content or access to Content that some people may find inappropriate or that any user may find objectionable. 2.3 You need to use an account name in AussieCelebs.com which is not misleading, offensive or infringing. You must select and keep secure your account password. You must choose an account name to identify yourself to AussieCelebs.com staff (your "Account Name"). You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of AussieCelebs.com; or a name which AussieCelebs.com deems in its discretion to be vulgar or otherwise offensive. AussieCelebs.com reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk. 2.4 Account registrations are limited per unique person. Transfers of accounts are generally not permitted. Multiple personalities are not allowed. If you have multiple personalities we will find out about you and we will shut down all your accounts. Also if you post under someone else's account and do it to break the rules, or they break the rules and we tie you to them. We will ban you and them. This is just like carrying someone else's bags at the airport. Don't do it. You may not transfer your Account to any third party without the prior written consent of AussieCelebs.com; notwithstanding the foregoing, AussieCelebs.com will not unreasonably withhold consent to the transfer of an Account in good standing, provided that proper notice and documentation are delivered as requested by AussieCelebs.com. 2.5 ussieCelebs.com may suspend or terminate your account at any time, without refund or obligation to you. AussieCelebs.com has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that AussieCelebs.com suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else. 2.7You are responsible for your own Internet access. AussieCelebs.com does not provide Internet access, and you are responsible for all fees associated with your Internet connection. LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS 3.1 You have a nonexclusive, limited, revocable license to use AussieCelebs.com while you are in compliance with the terms of service. Subject to the terms of this Agreement, AussieCelebs.com grants to you a non-exclusive, limited, fully revocable license to use the AussieCelebs.com Environment and the rest of the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the premium areas that are separate elements of the Service; these terms are available where such separate elements are available within the Websites. Nothing in this Agreement, or on AussieCelebs.com's websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a AussieCelebs.com employee and that you do not expect to be, and will not be, compensated by AussieCelebs.com for such activities. 3.2 You retain copyright and other intellectual property rights with respect to Content you create in AussieCelebs.com, to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to AussieCelebs.com and to other users of AussieCelebs.com. Users of the Service can create Content on AussieCelebs.com's servers in various forms. AussieCelebs.com acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law. Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to AussieCelebs.com: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service, provided that in the event that your Content appears publicly in material under the control of AussieCelebs.com, and you provide written notice to AussieCelebs.com of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow AussieCelebs.com, in its sole discretion, to identify the relevant Content and materials), AussieCelebs.com will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although AussieCelebs.com cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from AussieCelebs.com's servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as AussieCelebs.com may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service. Further, you agree to grant to AussieCelebs.com a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below, including the incorporation by reference of terms posted at http://www.aussiecelebs.com/privacy.html. You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to AussieCelebs.com and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against AussieCelebs.com or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights. You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and AussieCelebs.com will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) AussieCelebs.com's acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of AussieCelebs.com's intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement. 3.3 AussieCelebs.com retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data AussieCelebs.com stores on AussieCelebs.com servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of AussieCelebs.com. CONDUCT BY USERS OF AUSSIECELEBS.COM 4.1 You agree to abide by certain rules of conduct, including the Terms and conditions and other rules prohibiting illegal and other practices that AussieCelebs.com deems harmful. You agree to read and comply with the terms and conditions posted at http://www.aussiecelebs.com/terms.html. In addition to abiding at all times by the terms and conditions, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, a AussieCelebs.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by AussieCelebs.com at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that AussieCelebs.com considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that AussieCelebs.com may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you. 4.2 You agree to use AussieCelebs.com as provided, without unauthorized software or other means of access or use. You will not make unauthorized works from or conduct unauthorized distribution of the AussieCelebs.com Service. AussieCelebs.com has designed the Service to be experienced only as offered by AussieCelebs.com at the Websites or partner websites. AussieCelebs.com is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by AussieCelebs.com. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of AussieCelebs.com. Notwithstanding the foregoing, you may use and create software that provides access to the Servers for substantially similar function (or subset thereof) as the Viewer; provided that such software is not used for and does not enable any violation of these Terms of Service. AussieCelebs.com is not obligated to allow access to the Servers by any software that is not provided by AussieCelebs.com, and you agree to cease using, creating, distributing or providing any such software at the request of AussieCelebs.com. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on AussieCelebs.com's infrastructure. You may not charge any third party for using the AussieCelebs.com Service to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the AussieCelebs.com Environment, or create any derivative works of the AussieCelebs.com Service, or otherwise use the AussieCelebs.com Service except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service 4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act. Our policy is to respond to proper notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Proven copyright-infringing materials found within the Service of AussieCelebs.com may be identified and removed via the AussieCelebs.com's process listed at http://www.aussiecelebs.com/copyright.html, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. 4.4 You will not use the marks of AussieCelebs.com without authorization from AussieCelebs.com. You are not permitted to use the marks "AussieCelebs.com", "AussieCelebs.com", the logo, or any other trade, service or other marks registered to or owned by AussieCelebs.com, except as explicitly authorized in writing by AussieCelebs.com. RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION 5.1 You release AussieCelebs.com from your claims relating to other users of AussieCelebs.com. AussieCelebs.com has the right but not the obligation to resolve disputes between users of AussieCelebs.com. As a condition of access to the Service, you release AussieCelebs.com (and AussieCelebs.com's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) 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 any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) AussieCelebs.com will have the right but not the obligation to resolve disputes between users relating to the Service, and AussieCelebs.com's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent AussieCelebs.com elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) AussieCelebs.com's resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release AussieCelebs.com (and AussieCelebs.com's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) 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 AussieCelebs.com's resolution of disputes relating to the Service. 5.2 All data on AussieCelebs.com's servers are subject to deletion, alteration or transfer. When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on AussieCelebs.com's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON AUSSIECELEBS.COM'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN AUSSIECELEBS.COM'S SOLE DISCRETION. YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, AUSSIECELEBS.COM DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON AUSSIECELEBS.COM'S SERVERS. YOU UNDERSTAND AND AGREE THAT AUSSIECELEBS.COM HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. 5.3 AussieCelebs.com provides the Service on an "as is" basis, without express or implied warranties. AUSSIECELEBS.COM PROVIDES THE SERVICE, THE AUSSIECELEBS.COM ENVIRONMENT, YOUR ACCOUNT AND ALL OTHER SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, AussieCelebs.com does not ensure continuous, error-free, secure or virus-free operation of the Service, the AussieCelebs.com Environment or your Account, and you understand that you shall not be entitled to refunds for fees based on AussieCelebs.com's failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. 5.4 AussieCelebs.com's liability to you is expressly limited, to the extent allowable under applicable law. IN NO EVENT SHALL AUSSIECELEBS.COM OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE AUSSIECELEBS.COM ENVIRONMENT, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT AUSSIECELEBS.COM MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL AUSSIECELEBS.COM'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that AussieCelebs.com cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Service. 5.5 You will indemnify AussieCelebs.com from claims arising from breach of this Agreement by you, from your use of AussieCelebs.com, from loss of Content due to your actions, or from alleged infringement by you. At AussieCelebs.com's request, you agree to defend, indemnify and hold harmless AussieCelebs.com, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other users of the Service, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless AussieCelebs.com, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Account, and (b) any claims by third parties that your activity or Content in the Service infringes upon, violates or misappropriates any of their intellectual property or proprietary rights. 6. GENERAL PROVISIONS 6.1 AussieCelebs.com's failure to act with respect to a breach by you or others does not waive AussieCelebs.com's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by AussieCelebs.com under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of AussieCelebs.com. All or any of AussieCelebs.com's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of AussieCelebs.com's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent of AussieCelebs.com, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of AussieCelebs.com shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of AussieCelebs.com. 6.2 This Agreement, and the subsequent documents referred to herein, sets forth the entire understanding and agreement between you and AussieCelebs.com with respect to the subject matter hereof. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. The other and/or subsequent documents terms, conditions, “rules” and requirements that also serve as part of the totality of the user registration and usage process, and clicking ““Register”” below certifies that you have also read and full understand each of the below in full: “Terms and Conditions of Use of this Website” http://www.aussiecelebs.com/terms.html Click here to register for Aussie Celebs |