Changes to the Website Terms
Registration may be required to access
Where you register with us, you must keep your registration details confidential; you will be responsible for any access to the Site using your registration details, even if the access is by another person.
No unlawful, infringing or offensive activity
You must not post or transmit to or via the Site any information or material or otherwise use the Site for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
No viruses or other interference
You must not transmit to or via the Site any virus or other information or material or otherwise use the Site in a way which:
- tampers with, hinders the operation of or makes unauthorised modifications to the Site;
- inhibits any other user from using the Site;
- defames, harasses, threatens, menaces or offends any person; or
- contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
We may suspend or terminate your access
Content that you submit to the Site
This section applies if you submit, post, transmit or otherwise make any material available via a Site (“your content“).
Where you do so, you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of promotion or reporting of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.
We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time, including to ensure the operational integrity of our services.
Cactus Imaging’s content
Except where expressly stated otherwise we make no representations about the content and suitability for any purpose of the information contained on the Site. It is provided “as is” without express or implied warranty of any kind.
All copyright and other intellectual property rights subsisting in the Site and the material on the Site (including, without limitation, the software, design, text and graphics comprised in the Site and the selection and layout of the Site) are owned or licensed by us and protected by the laws of Australia and other countries.
You are authorised to view the Site and its contents using your web browser. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
Cactus Imaging’s trade marks
The Site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to Cactus Imaging and Cactus Imaging words and logos.
You may not use any of these trade marks, the name ‘Cactus Imaging’ or the name of any of our related companies without our prior written consent.
As part of the Site you may elect to connect with us through various social media channels such Facebook, Google+, Twitter, Instagram, YouTube and LinkedIn. In order to connect you will be required to set up your own account with the relevant social media site and you will be subject to terms and conditions prescribed by the operators of such sites. Cactus Imaging is in no way associated with or endorsed by any social media channels and is not responsible for any content posted by you or other third parties through such sites.
Links and Advertisements
The Site may contain links to third party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites solely at your own risk.
Illegal downloading / file sharing
The Copyright Act 1968 (Cth) protects materials such as films, music, books and computer programs. You can break the law if you download, copy, share or distribute this material, unless you’re allowed to do so by the Copyright Act or you have the copyright owner’s permission. Please don’t use our services to do any of these things, because if you do, we might have to cancel your services and the copyright owner could take legal action against you.
We accept no responsibility for your use of the Site, contributions made by you to the Site or the actions of other users, and you agree to indemnify and hold harmless Cactus Imaging and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against Cactus Imaging by any person arising from or in consequence of your use of the Site, and from and against any damage, loss, cost or expense suffered or incurred by Cactus Imaging as a direct or indirect consequence thereof.
No warranties or representations
To the maximum extent permitted by law, we do not represent or warrant that the content on the Site is accurate, reliable, suitable, or complete.
In particular, although we use reasonable care and skill in providing the Site, we cannot promise that the Site will be continuously available or virus or fault free.
Our liability to you
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.
We are not liable for any loss or damage to the extent that it is caused by you.
To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Site in connection with any business purpose.
If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.
Your liability to us
You are not liable to us for any loss to the extent that it is caused by us.
No waiver for breaches
This Agreement is governed by the law in force in the State of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect.