AGREEMENT
BETWEEN YOU AND AUSTRALIAN MINIATURE GOAT ASSOCIATION INC. (AMGA)
AMGA Online registry
is a service operated by the Australian Miniature Goat Association Inc (AMGA)
that makes it easy to share pedigree data.
These
Terms of Use constitute a legal agreement between you and the Australian
Miniature Goat Association Inc (AMGA) Online Registry. You must accept without
modification all of the terms, conditions, and notices contained in these
Terms of Use in order to access and use the AMGA Online Registry Services.
If you do not accept these Terms of Use in their entirety, you may not access
or use the Australian Miniature Goat Association Inc (AMGA) Online Registry
Services.
Portions
of the AMGA Online Registry Services may be governed by posted guidelines,
rules, or other terms and conditions. All such guidelines, rules, and terms
and conditions are hereby incorporated by reference into these Terms of
Use. In the event of a conflict between such other guidelines, rules, and
terms and conditions and these Terms of Use, the Terms of Use shall control.
However, the AMGA Online Registry Privacy Statement, discussed in the Privacy
and Personal Information section below, supersedes any conflicting language
in these Terms of Use and/or any other guidelines, rules, and terms and
conditions published on the AMGA Online Registry Services with respect to
the subject matter covered by the AMGA Online Registry Privacy Statement.
MODIFICATION OF THESE TERMS OF USE
The Australian Miniature Goat Association Inc
(AMGA) may wish to update or change the terms, conditions, and notices for
the AMGA Online Registry Services from time to time to reflect changes in
the Services, changes in the laws affecting the Services, or for other good
reasons. You understand that the Australian Miniature Goat Association Inc
(AMGA) reserves the right to make these changes and that you are responsible
for regularly reviewing these terms, conditions, and notices. Continued
access to or use of the AMGA Online Registry Services after any such change
shall constitute your consent to such change. Unless explicitly stated otherwise,
any new features that change or improve the AMGA Online Registry Services
shall be subject to the Terms of Use, as modified from time to time.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the AMGA Online Registry Services
for your own personal and non-commercial purposes.
You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services that are part of the AMGA Online Registry
Services except as expressly provided in these Terms of Use.
PRIVACY AND PERSONAL INFORMATION
You are required to be a current financial breeder
member of the Australian Miniature Goat Association Inc (AMGA) to use the
AMGA Online Registry Services. To set up an account, you must provide information
about yourself and update this information as necessary in order to keep
it current.
You are responsible
for maintaining the confidentiality of your password and account information.
Furthermore, you are responsible for all activities that occur in your account
and you agree to notify AMGA
Online Registry immediately of any unauthorized
use of your account. AMGA Online Registry is
not responsible for any loss that you may incur as a result of any unauthorized
person using your account or your password.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the AMGA Online Registry
Services may contain links to other Web sites ("Linked Sites").
The Linked Sites are not under the control of the Australian Miniature Goat
Association Inc (AMGA) and the AMGA is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. AMGA Online Registry is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by AMGA Online
Registry of the site or any association with its operators. You are responsible
for viewing and abiding by the privacy statements and terms of use posted
at the Linked Sites.
You are solely
responsible for any dealings with third parties (including advertisers)
who support the AMGA Online Registry Services or are identified in the Web
pages that are part of the AMGA Online Registry Services, including the
delivery of and payment for goods and services.
NO
UNLAWFUL OR PROHIBITED USE
As a condition
of your use of the AMGA Online Registry Services, you agree that you will
not use the AMGA Online Registry Services for any purpose that is unlawful
or contrary to these Terms of Use. You also may not use the AMGA Online
Registry Services in any manner that could damage, disable, overburden,
or impair the AMGA Online Registry Services or interfere with any other
party's use and enjoyment of them. You may not attempt to gain unauthorized
access to any AMGA Online Registry account, computer systems or networks
associated with the AMGA Online Registry Services. You may not obtain or
attempt to obtain any materials or information through any means not intentionally
made available or provided for through the AMGA Online Registry Services.
TERMS OF USE FOR AMGA
ONLINE REGISTRY PARTICIPATING SITES
AND SERVICES
These Terms of Use apply to you whenever
you access or use any AMGA Online Registry Services. When you use the
AMGA Online Registry Services to gain access to any AMGA Online Registry
participating site or service, the terms and conditions associated with
that site or service may also apply to you. Please refer to the applicable
terms of use associated with each participating site or service that you
visit.
DATA YOU SUBMIT
You warrant that you own copyright in any data submitted to
us, or that it is information which is in the public domain, and that
it does not infringe any existing copyright or any other rights of any
third party and that you have full authority to enter into this Agreement
and grant the rights granted to AMGA Online Registry
without resulting in a breach of any obligation you may have.
You retain copyright to data you have submitted to AMGA
Online Registry. If you submit data then you grant to AMGA
Online Registry a non-exclusive, worldwide, irrevocable, royalty-free
license to use or modify the data for any purpose including publishing
on-line.
AMGA Online Registry may modify the data
or combine it with other data. In such an event you agree that AMGA
Online Registry owns copyright to the resulting data.
DATA
AVAILABLE ON THE AMGA ONLINE REGISTRY
SERVICES
All data that is made available to view and/or
download from the Web pages that are part of the AMGA Online Registry Services
("Data") is owned by and is the copyrighted work of the Australian
Miniature Goat Association Inc (AMGA) and/or its suppliers. Except for personal
use of the data, any reproduction or redistribution of the Data is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED
. All Data is supplied "as
is" without any warranty as to its accuracy or completeness and any
use of this Data is entirely at the users own risk.
LIABILITY DISCLAIMER
The Australian Miniature Goat Association Inc
(AMGA) AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES,
AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE AMGA Online
RegistrySERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. The Australian Miniature Goat Association Inc (AMGA)
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL the Australian Miniature Goat
Association Inc (AMGA) AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE AMGA Online Registry SERVICES, WITH THE DELAY
OR INABILITY TO USE THE AMGA Online Registry SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
OR SERVICES OBTAINED THROUGH THE AMGA Online Registry SERVICES, OR OTHERWISE
ARISING OUT OF THE USE OF THE AMGA Online Registry SERVICES, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF
AMGA Online Registry OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE AMGA Online Registry SERVICES, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AMGA
Online Registry SERVICES.
CUSTOMER SUPPORT
The Australian Miniature Goat Association Inc
(AMGA) provides information about how
to use the AMGA Online Registry Services on the Web pages that are part
of the Service. If you have any questions about the AMGA Online Registry
Services or any problems that you would like to report, please email
us at AMGA .
TERMINATION AND RESTRICTION OF ACCESS
AMGA Online Registry
reserves the right, in its sole discretion, to terminate your access to
the AMGA Online Registry Services or any portion thereof at any time,
without notice.
The Australian Miniature Goat Association Inc
(AMGA) may also terminate or suspend your
access to the AMGA Online Registry Services for inactivity, which is defined
as failing to sign in to the Services for an extended period of time,
as determined by AMGA Online Registry or if you cease to become a financial
breeder member of the Association. Upon termination of your AMGA Online
Registry account, your right to use the AMGA Online Registry Services
immediately ceases.
GENERAL
These Terms of Use are governed by the laws of
the State of Queensland. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Queensland in all disputes arising
out of or relating to the use of the AMGA Online Registry Services. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and AMGA Online Registry as a result of these Terms
of Use or use of the AMGA Online Registry Services.
The Australian Miniature Goat Association Inc
(AMGA) may assign these Terms of Use,
in whole or in part, at any time. The Australian Miniature Goat Association
Inc (AMGA) performance of this agreement is subject to existing laws and
legal process, and nothing contained in these Terms of Use is in derogation
of AMGA Online Registry's right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the AMGA
Online Registry Services or information provided to or gathered by AMGA
Online Registry with respect to such use. You agree to indemnify and hold
the Australian Miniature Goat Association Inc (AMGA), its parents, subsidiaries,
affiliates, officers, and employees, harmless from any claim, demand,
or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the AMGA Online
Registry Services. If any part of these Terms of Use are determined to
be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of these Terms
of Use shall continue in effect. These Terms of Use, including the documents
expressly incorporated by reference above, constitute the entire agreement
between you and the Australian Miniature Goat Association Inc (AMGA)
with respect to the AMGA Online Registry Services
and such agreements supersede all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between you and the
Australian Miniature Goat Association Inc (AMGA) with respect to the AMGA
Online Registry Services. A printed version of these Terms of Use and
of any notices given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
INTELLECTUAL PROPERTY NOTICES
All contents of the AMGA Online Registry Web Site
are: Copyright © 2006 by the Australian Miniature Goat Association Inc
(AMGA) and/or its suppliers.
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies, organisations, products,
people, and events depicted herein are fictitious. No association with
any real company, organisation, product, person, or event is intended
or should be inferred.
The AMGA may have
patents, patent applications, trademarks, copyrights, or other intellectual
property rights covering subject matter in the AMGA Online Registry Services,
including the Web pages that are part of the AMGA Online Registry Services.
Except as expressly provided in these Terms of Use, the provision of the
AMGA Online Registry Services and the furnishing of such Web pages to
you does not give you any license to these patents, trademarks, copyrights,
or other intellectual property. Any rights not expressly granted herein
are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement
should be emailed to us at webmaster@australianminiaturegoat.com.au.
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