Terms and Conditions
CREATION DEVELOPMENTS AUSTRALIA PTY LTD TERMS AND CONDITIONS OF USE
5. Registered Users
a. Certain portions of the Website may be accessed only by CREATION DEVELOPMENTS AUSTRALIA PTY LTD account holders/ subscribers ("Account Holders") and those individuals designated by Account Holders (collectively, "Registered Users"). Additional terms and conditions will apply to each Registered User of CREATION DEVELOPMENTS PTY LTD. On requesting a CREATION DEVELOPMENTS AUSTRALIA PTY LTD account or designating another person, you warrant that:
i. all information you submit to us is true and accurate;
ii. that you are of sufficient age to become a CREATION DEVELOPMENTS AUSTRALIA PTY LTD account holder;
iii. that you are of sufficient legal age in your jurisdiction to create binding legal obligations;
iv. that you have obtained the consent of each person being designated, or otherwise have the authority to designate each person; and
v. that you have obtained the consent of each person being designated, or otherwise have the authority to provide any personal information being disclosed to CREATION DEVELOPMENTS AUSTRALIA PTY LTD.
6. 1. Participation
a. CREATION DEVELOPMENTS AUSTRALIA PTY LTD allows you to submit material or content that you can upload, post, email or otherwise transmit to certain areas of the Site. CREATION DEVELOPMENTS AUSTRALIA PTY LTD reserves the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the Site and by submitting any teaching resource materials you may also be bound by the terms set out in the CREATION DEVELOPMENTS AUSTRALIA PTY LTD Non Disclosure Agreement or Consultancy Agreement and you agree to not use the service to;
b. - upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. - harm minors in any way;
d. - impersonate any person or entity, including, but not limited to, a CREATION DEVELOPMENTS AUSTRALIA PTY LTD staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
f. - upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
g. - upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h. - upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
i. - upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. - disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k. - 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;
l. - intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
m. - "stalk" or otherwise harass another;
n. - or collect or store personal data about other users
2. By submitting material to the Site, you grant CREATION DEVELOPMENTS AUSTRALIA PTY LTD a perpetual royalty free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form. By doing this you agree that you waive any moral rights you have in the material.
3. The Site contains material submitted by users over whom CREATION DEVELOPMENTS AUSTRALIA PTY LTD has no control. CREATION DEVELOPMENTS AUSTRALIA PTY LTD cannot guarantee the accuracy, integrity or quality of any such material. Some Users may breach these terms and post material that is misleading, untrue or offensive - you must bear all risk associated with your viewing of such material.
5. Indemnity - You agree to indemnify and hold CREATION DEVELOPMENTS AUSTRALIA PTY LTD and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.
7. CREATION DEVELOPMENTS AUSTRALIA PTY LTD is not liable for any breach of the above warranties by an Account Holder, whether or not such breach is caused intentionally. In the event of a breach of one ore more of the above warranties, and without limitation to any other remedy available to it, CREATION DEVELOPMENTS AUSTRALIA PTY LTD may discontinue an account or revoke the privileges of one or more Registered Users. CREATION DEVELOPMENTS AUSTRALIA PTY LTD will provide identification information to each Registered User, which will enable such users to access those portions of the Website reserved for Registered Users. You are responsible for maintaining the confidentiality of this identification information, and are responsible for all activities (whether by you or by others) that occur under your account or by your identification information. You agree to notify us immediately of any unauthorized use of your account or identification information or any other breach of security. CREATION DEVELOPMENTS AUSTRALIA PTY LTD disclaims all liability for any loss or damage arising from your failure to protect your account or identification information.
8. Term-Registered Users
9. Age Requirements
a. There is no legal minimum age requirement to browse the Website. However, CREATION DEVELOPMENTS AUSTRALIA PTY LTD will only issue accounts to persons over the age of 18. While minors (including children) may be designated as Registered Users by an Account Holder, CREATION DEVELOPMENTS AUSTRALIA PTY LTD is designed to be used by children only with the oversight of a parent and/or guardian.
a. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information. CREATION DEVELOPMENTS AUSTRALIA PTY LTD may offer the opportunity to Registered Users to use points earned towards purchases through the Website. Note that all such purchases are the responsibility of the Account Holder. CREATION DEVELOPMENTS AUSTRALIA PTY LTD points do not have actual cash value, and CREATION DEVELOPMENTS AUSTRALIA PTY LTD is not responsible for any purchases made through the Website. CREATION DEVELOPMENTS AUSTRALIA PTY LTD is a game designed for entertainment and educational purposes only: it is not a bank, and does not provide any financial services.
11. User Submissions
a. The CREATION DEVELOPMENTS AUSTRALIA PTY LTD Website may now or in the future permit the submission of photos, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. When using the Website, you may be exposed to User Submissions from a variety of sources, and you agree that CREATION DEVELOPMENTS AUSTRALIA PTY LTD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CREATION DEVELOPMENTS AUSTRALIA PTY LTD with respect thereto, and agree to indemnify and hold CREATION DEVELOPMENTS AUSTRALIA PTY LTD its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. CREATION DEVELOPMENTS AUSTRALIA PTY LTD permits you to link to materials on the Website for personal, non-commercial purposes only.
12. Disclaimer of Warranty, Limits of Liability and Indemnity
a. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATION DEVELOPMENTS AUSTRALIA PTY LTD IS NOT LIABLE TO YOU FOR ANY LOSS YOU SUFFER IN CONNECTION WITH YOUR ACCESS OR USE OF THE WEBSITE, ANY LINKED WEBSITES OR ANY SOFTWARE AVAILABLE AT THE WEBSITE. IN NO EVENT SHALL CREATION DEVELOPMENTS AUSTRALIA PTY LTD ITS SERVICE PROVIDERS, AFFILIATES, ASSOCIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CREATION DEVELOPMENTS AUSTRALIA PTY LTD AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE CREATION DEVELOPMENTS AUSTRALIA PTY LTD'S WEBSITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT CREATION DEVELOPMENTS AUSTRALIA PTY LTD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS THE WEB SITE. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO, AND ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF, THAT HARDWARE AND/OR SOFTWARE.
13. Intellectual Property Rights
a. CREATION DEVELOPMENTS AUSTRALIA PTY LTD and related words, domain names and logos are trade-marks and the property of CREATION DEVELOPMENTS AUSTRALIA PTY LTD All other trade-marks, product names and company names or logos cited herein are the property of their respective owners. The intellectual property rights in material contained on the Website, including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are held by CREATION DEVELOPMENTS AUSTRALIA PTY LTD and its licensors, except as otherwise expressly provided herein. ALL RIGHTS RESERVED. All software, materials, information and content offered by CREATION DEVELOPMENTS AUSTRALIA PTY LTD are protected by copyright and other applicable laws. You may use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the written permission of the copyright owner.
14. Limited License
a. CREATION DEVELOPMENTS AUSTRALIA PTY LTD hereby grants you a limited license to view on your computer, print, or download any content made available on the Website for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product, which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of CREATION DEVELOPMENTS AUSTRALIA PTY LTD or any other party who owns or has proprietary rights to the content, information and materials provided on the Website.
15. Third Party Links
a. We may provide links to third-party sites that might be of interest to you. We do not endorse any such site and have no control over the content or availability of these sites. It is your responsibility to read and understand each site's privacy and other policies as well as the terms and conditions of their service. If you have any questions or concerns regarding these third-party sites, please contact their site's web master or site administrator. Certain sections of the Website may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Website or on a site linked to by the Website, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. CREATION DEVELOPMENTS AUSTRALIA PTY LTD is not liable for any damages that you incur, and you agree not to assert any claims against us arising from your purchase or use of any products or services made available by third parties through the Website.
16. Prohibited Behaviour
a. We want to make sure that the Website is available and is a welcoming place for all of our visitors. You agree that you will not:
i. restrict or inhibit any other user from using and enjoying the Website;
ii. interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
iii. gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means;
iv. use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
v. use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person;
vi. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;
vii. use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national or international law;
viii. use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
ix. use the Website to post or transmit any information, software or other material that contains a virus or other harmful component;
x. use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
xi. use the Website to advertise or solicit to anyone to buy or sell products or services, to cease using the Website, to visit another competing Website, or to make donations of any kind, without our express written approval; or
xii. gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
a. You agree to fully indemnify and hold harmless CREATION DEVELOPMENTS AUSTRALIA PTY LTD and all our personnel and agents from and against all damages, losses, expenses and costs, including reasonable legal fees, resulting from any violation of these terms, or any circumstances related to your negligence or wrongful conduct when using the Website.
19. Jurisdictional Issues
a. Some or all of the products and services offered on the Website may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from CREATION DEVELOPMENTS AUSTRALIA PTY LTD. The Website is for use only by persons residing in jurisdictions where such products and services may legally be sold. CREATION DEVELOPMENTS AUSTRALIA PTY LTD makes no representation that any of the materials contained in the Web Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
21. Force Majeure
a. Neither party shall be in default if failure to perform any obligation hereunder is caused by supervening conditions beyond the failing party's control, provided that the party seeking excuse is reasonably diligent in attempting to remedy the supervening condition, uses reasonable efforts to notify the other party of the supervening condition, and resumes performance as soon as possible.