post

Terms of Use

Sunrise over Living Legends

Terms & Conditions of Use, Disclaimer & Copyright

Living Legends – The International Home of Rest for Champion Horses, ABN 47 885 471 565, (hereinafter "Living Legends", "we", "us") takes no responsibility for the accuracy or completeness of, or the representations made by, the content of this Web Site.

Living Legends takes no responsibility for the content of any World Wide Web site that links to, or from, this Web Site.

™ Trade mark of Living Legends
® Registered trade mark of Living Legends
© Copyright Living Legends

The Living Legends Web Site and any other Living Legends and related entity owned web site from which you accessed this agreement (the “Web Site”) is provided to you subject to the following conditions. These terms are in addition to any other terms governing access to the Web Site. By visiting (in any manner) the Web Site you accept these terms and conditions (the “Terms of Service”). Please read them carefully.

Any Non-Human Visitors to the Web Site shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Service.

Information and Content

The information and content contained in the Web Site is for preliminary and general information only and does not constitute legal, financial or other professional advice. You must not rely on any information or content contained in, or omitted from, the Web Site without obtaining independent advice.

This Web Site contains information provided by third parties. You should be aware that whilst every effort is made to ensure that there is not, there may be technical inaccuracies, typographical errors, programming bugs or computer viruses in this Web Site or its content.

Responsibility of Contributors.

If you comment on a blog, post material to the Web Site, post links on the Web Site, or otherwise make (or allow any third party to make) material available by means of the Web Site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your blog or web site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your blog or web site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Living Legends or otherwise.

By submitting Content to Living Legends for inclusion on our Web Site, you grant Living Legends a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog or web site.

Without limiting any of those representations or warranties, Living Legends has the right (though not the obligation) to, in Living Legends sole discretion (i) refuse or remove any content that, in Living Legends reasonable opinion, violates any Living Legends policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web Site to any individual or entity for any reason, in Living Legends sole discretion. Living Legends will have no obligation to provide a refund of any amounts previously paid.

No Warranties or Representations

Access to this Web Site is provided on the condition that:

  • To the full extent permitted by law, Living Legends will be under no liability to any person in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with any use of this Web Site or of the information or software programs on or accessed through this Web Site for whatever reason (including negligence).
     
  • Where any statute implies any terms in relation to your use of this Web Site and that statute prohibits any exclusion or modification of that term, then that term is included. However, the liability of Living Legends for breach of any such term will be limited to resupply of the products or services which comprise this Web Site.

Links

Living Legends is not responsible for the information or content of any web site accessed, or linked to, via the Web Site. Links to other web sites are provided for convenience only and do not represent any endorsement, sponsorship or approval of the products or services offered by the web site owner or the information or content on such web sites.

Framing

You must not frame any of the material appearing on livinglegends.org.au and/or any other Web Site owned by Living Legends and its related entities, except in accordance with Living Legends prior written consent.

Copyright

Copyright © 2012 by Living Legends – The International Home of Rest for Champion Horses (ABN 47 885 471 565)
All rights reserved.

The subject matter, software, design, text and graphics comprised in, and accessible from livinglegends.org.au and/or any other Web Site owned by Living Legends and its related entities, plus the selection and layout of the Web Site are owned or licenced by Living Legends, and protected by copyright under the laws of Australia and other countries.

With the exception of fair dealing permitted by the Copyright Act 1968, Living Legends grants users of the Web Site permission to download and display Living Legends copyright material only for private purposes. For any other reproduction or use of Living Legends copyright material, permission must be sought directly from Living Legends. If provided, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Unless otherwise stated, Living Legends does not warrant or represent that the information on other web sites does not infringe the intellectual property rights of any person anywhere in the world.

Fair Use

You may view the Web Site and its contents using your web browser and save an electronic copy of the Web Site solely in the usual operation of your web browser in visiting livinglegends.org.au and/or the Web Site.

You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the material on the Web Site, including audio and video excerpts, except as permitted by statute or with the prior written consent of Living Legends.

Trade Mark Notice

The Web Site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law. You may not use these trade marks or the names of any of our related agents, companies, products and/or services.

Availability

Products and services referred to in the Web Site may only be available in some countries, and in some cases may only be available in a particular State, Territory, region or area of these countries. Unless otherwise stated, nothing in the Web Site constitutes an offer for the supply or goods or services, or a promise or representation that Living Legends will supply any goods or services.

Special Licence Restrictions For Non-Human Visitors

Special restrictions on a visitor’s licence to access the Web Site apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Web Site automatically. Non-Human Visitors are restricted from taxing the resources of the Web Site beyond what would be typical of a human visitor.

Furthermore, as specified by the “no-email-collection” flag in the header pages within the Web Site and/or the contents of the robots.txt file, email addresses on the Web Site are considered proprietary intellectual property of the author of the Web Site. It is recognised that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Web Site, you acknowledge and agree that each email address the Web Site contains has a value not less than A$500 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognised under this agreement as a violation of this agreement and expressly prohibited.

Records Of Visitor Use And Abuse

As a visitor to the Web Site, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

Non-Tranferablitiy

The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Web Site.

Remedy

Living Legends will apply the laws of Victoria, Australia to effect remedies against individuals and companies who misuse information obtained inadvertently or unlawfully from the Web Site or who cause disruption, loss or damage of the Web Site or who cause any loss to Living Legends.

Acceptance

By proceeding to use any of the services provided by the Web Site you hereby acknowledge acceptance of this disclaimer and the terms and conditions displayed above.