(a) Rankings HQ will not be liable for and does not accept any responsibility for any loss, damage or delay caused as a result of any failure or deficiency in your internet connection, hardware or software or arising as a result of the internet connection to the Rankings HQ System not being available; and
(b) You are responsible for ensuring that you print or otherwise retain adequate copies of any records or information you post or store on the Rankings HQ System in case those records or information is not accessible or cannot be recovered from the Rankings HQ System for any reason;
(c) Rankings HQ will not be liable for and does not accept any responsibility for any loss, damage or delay caused as a result of any viruses or other disabling features that affect your access to or use of the Rankings HQ System or any delay or failure you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Rankings HQ System.
Posting Comments or Other Content
10. If Rankings HQ permits you to post comments, reviews or other content, submit suggestions, questions or other information, you are responsible for ensuring that your postings are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties. Rankings HQ reserves the right, in its absolutes discretions, to remove any content it considers objectionable without assuming responsibility for moderating content posted by users.
11. You agree that not you will post or upload any content containing viruses, political advertising, commercial solicitation, mass mailings, or any form of spam.
12. You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to your origin (except to the extent that Rankings HQ permits the use of a pseudonym, moniker or user name).
13. If you do post material, you represent and warrant that you own or otherwise control all of the rights to the content that you post and you grant Rankings HQ a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Rankings HQ and its sub-licensees the right to use any pseudonym, moniker or user name you submit in connection with such content or your use of the Rankings HQ System, if we wish to do so.
Suspension and Termination of Access
14. If you breach any term or condition of this agreement or any Rankings HQ policy or rules of conduct, Rankings HQ may in its discretion suspend or terminate your access to the Rankings HQ System without notice. Subject to any Privacy Act obligations we may have, any information you store on the Rankings HQ System may be deleted if your access is suspended or terminated.
15. Rankings HQ grants you a limited, non-exclusive and non-transferable licence to do only the following:
(a) use the Rankings HQ System for personal use only, in connection with the legitimate activities which we expressly authorise on the Rankings HQ System;
(b) post information to or via the Rankings HQ System, subject to any restrictions imposed by Rankings HQ from time to time;
(c) use any software supplied for your use via the Rankings HQ System subject to these terms and conditions;
(d) print and copy any of your own personal information relating to your use of the Rankings HQ System for legitimate purposes.
16. You agree that you will not:
(a) make any derivative use of this site or its contents;
(b) use any data mining, robots, or similar data gathering and extraction tools to gather or extract data from the Rankings HQ System;
(c) use, reproduce, copy, sell or otherwise exploit for any material, information or contents of the Rankings HQ System or this site or its contents for any commercial purposes without express prior written consent of Rankings HQ.
17. All content on the Rankings HQ System (other than your personal information to the extent it is covered by the Privacy Act) is or becomes the property of Rankings HQ or its content suppliers and is protected by copyright laws. All software used on this site is the property of Rankings HQ or its software suppliers and is protected by international copyright laws. You agree that you will not copy, use or alter any of this copyrighted material and will not do anything which may breach copyright in this material.
Upgrades and Enhancements
18. From time to time Rankings HQ may, at its sole discretion upgrade, enhance or alter parts of the Rankings HQ System ("Enhancements") at its sole discretion. All such Enhancements shall also be governed by the terms of this agreement unless otherwise specified by Rankings HQ.
Protection and Security
19. You agree to use your best efforts and to take all reasonable steps to safeguard the software so as to ensure that no unauthorised person shall have access to or use of the software and that no unauthorised copy, publication, disclosure or distribution in whole or in part, in any form, nor any tampering with or alteration to the Rankings HQ System shall be made. In particular, you must keep your password confidential at all times and take reasonable steps to ensure that there is no unauthorised use of your logon ID or password. You must notify Rankings HQ promptly if you become aware of any unauthorised use of your logon ID or password.
Reservation of Rights
20. Rankings HQ reserves all rights not expressly granted to you under this agreement.
Term and Termination
21. This agreement remains in force until terminated by the operation of these terms and conditions or terminated by Rankings HQ at its discretion. Rankings HQ reserves the right to terminate this agreement immediately upon notice to you. This agreement will terminate immediately and automatically without notice from Rankings HQ if you fail to comply with any term or condition of this agreement. Upon termination of this agreement, you must cease to use the Rankings HQ System and Rankings HQ may disable your logon permissions.
22. Termination of this agreement does not affect any obligations you have to Rankings HQ or any third party and does not prevent Rankings HQ enforcing any rights or making claims in respect of any breach of this agreement. Such rights remain enforceable notwithstanding termination of this agreement.
Limitation of Liability
23. SUBJECT TO THE FOLLOWING CLAUSE, ALL STATUTORY AND IMPLIED WARRANTIES ON THE PART OF RANKINGS HQ ARE HEREBY EXCLUDED. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. RANKINGS HQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
24. If any warranty cannot lawfully be excluded by virtue of the Trade Practices Act 1974 (Cwlth), Rankings HQ’s liability to you for any claim, loss, damage or expense (“claim”) arising in connection with this agreement or your use of the Rankings HQ System (even if Rankings HQ is aware of the possibility of the claim and whether the claim arises from breach of contract, negligence or otherwise) is limited as follows:
(a) where the Trade Practices Act does not imply a warranty which cannot lawfully be excluded, Rankings HQ’s liability is limited to an aggregate maximum of $50 in respect of all claims;
(b) where the Trade Practices Act does implies a warranty which cannot lawfully be excluded Rankings HQ’s liability is limited as follows:
(i) in the case of goods supplied by Rankings HQ, to the cost of repair or replacement of defective goods;
(ii) in the case of services, to the cost of repair or replacement of the defective service; or
(iii) in the case of records which can be demonstrated to have been incorrectly entered or altered by Rankings HQ in the Rankings HQ System, correcting those records.
25. In no event shall Rankings HQ or its suppliers be liable for any loss of revenue, loss of profits, loss of data, or business interruption, nor shall Rankings HQ or its suppliers be liable for any special, indirect, consequential, incidental or punitive damages arising out of or related to this agreement or the use of, or inability to use, the Rankings HQ System, however caused, and regardless of the theory of liability (contract, tort or otherwise) even if Rankings HQ or its suppliers have been advised of the possibility of such damages.
26. The following definitions apply in these terms and conditions:
(a) “Rankings HQ System” means the Rankings HQ website and related software and services provide by Rankings HQ by way of on-line services accessed via a web browser or other on-line access approved by Rankings HQ and includes:
(i) Rankings HQ’s computer information and software and any third party information or software provided to you as part of the Rankings HQ System; and
(ii) any upgrades, utilities, tools patches, modified or later versions or plug-ins you may receive or obtain in respect of the Rankings HQ software bundle; and
(iii) all tournament records, tables, information, reports, content or other tournament or ranking material on our website;
(iv) all clip art, digital images, layouts, formatted forms and accompanying documents supplied with or resident on the Rankings HQ System.
(b) “Use” includes using or accessing our website or any part of the Rankings HQ System, download any software or data we make available, uploading or entering any data to the Rankings HQ System and accessing or using any software, data entry system or report generating system we provide in the Rankings HQ System.
27. This agreement shall be governed by the laws of New South Wales and Australia. All disputes shall be subject to the exclusive jurisdiction of the Courts of New South Wales and Australia in Sydney.
28. This agreement may be assigned by Rankings HQ without notice to you. This agreement may not be assigned by you.
Severability, Entire Agreement
29. If any provision of this agreement is found to be void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect. This agreement constitutes the entire agreement between the parties with respect to use of the software and supercedes all prior or contemporaneous understandings regarding such subject matter. This agreement may not be amended or modified without the express written consent of Rankings HQ.
30. The headings of the various paragraphs in this agreement are inserted for convenience of reference only and are not intended to be a part of or to effect the meaning or interpretation of this agreement.
31. Any notices or other communications under this agreement should be directed via registered post to Rankings HQ 7/9 Packard Avenue, Castle Hill NSW 2154 Australia. Rankings HQ may otherwise be contacted by visiting our website: www.rankingshq.com