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TERMS OF USE
IMPORTANT: READ CAREFULLY
By accessing or using this web site, you accept these Terms of Use.
This is a legal agreement (the "Agreement") between you, the user, and Oz
Holiday Parks Directory (www.OzHolidayParks.com.au).
1. RIGHTS, RESPONSIBILITIES.
www.OzHolidayParks.com.au grants you a non-transferable, non-exclusive
license to access this web site and to view and download information
contained at this web site (collectively, the "Site"), solely for your own
personal, non-commercial use, subject to your ongoing compliance with all
terms of this Agreement. You agree to be responsible for all access of this
Site by your equipment or account, whether by you or others. You are also
solely responsible for providing and maintaining all equipment, software and
services needed to access and use the Site. You agree not to use the Site
for any unlawful purpose. You agree not to rent, retransmit, disclose,
publish, sell, assign, lease, sublicense, market, or transfer the Site or
use it in any manner not expressly authorized by this Agreement. You agree
not to copy, reverse engineer, translate, port, modify or make derivative
works of the Site. You agree not to use the Site to operate a service bureau
or for any other use involving the processing of data of other persons or
entities. You do not receive any, and www.OzHolidayParks.com.au retains all,
ownership rights in the Site.
2. EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on
an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss
in using the Site. Due to its large size and complexity, the Site may
contain inaccuracies, omissions, errors or other defects.
www.OzHolidayParks.com.au and its suppliers do not warrant that the Site
will meet your needs or expectations, that the Site will be error free or
uninterrupted, that errors can or will be corrected, that the Site is
reliable or timely, or that any information on the Site will provide any
particular results or usefulness. www.OzHolidayParks.com.au and its
suppliers reserve the right to make changes and improvements to, or
discontinue, the Site or any part thereof. Further,
www.OzHolidayParks.com.au does not represent that the Site is appropriate or
authorized for use in all countries, states, counties or other
jurisdictions; accordingly, you are responsible for compliance with all
applicable laws in accessing the Site. www.OzHolidayParks.com.au reserves
the right to list any property which, in www.OzHolidayParks.com.au's sole
judgment, meets the general requirements of the "holiday/tourist park"
customer.
www.OzHolidayParks.com.au AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO
WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND
IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY
PARTICULAR PURPOSE.
IN NO EVENT SHALL www.OzHolidayParks.com.au OR ITS SUPPLIERS BE LIABLE FOR
ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION
COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES,
INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM
LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS,
INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER
www.OzHolidayParks.com.au OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF,
OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT
LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION, AS WELL AS THIRD-PARTY CLAIMS. IF THE
WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT
SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER
AGREES THAT www.OzHolidayParks.com.au AND ITS SUPPLIERS' LIABILITY SHALL NOT
EXCEED $10 AUD. Some states do not allow the exclusion or limitation of
incidental or consequential damages or the limitation of duration of an
implied warranty, so the limitation or exclusion herein may not apply to
you. This warranty shall not be applicable to the extent that any provision
of this warranty is prohibited by any federal law, or by any state or local
law which cannot be preempted. This warranty gives you specific legal
rights, and you may also have other rights which vary from state to state.
3. SUBMITTED INFORMATION. You agree not to submit to the Site any
information that infringes upon or violates the privacy, rights, trademarks,
copyrights or other intellectual property rights of others, anything that is
illegal, defamatory, obscene, harassing, offensive, objectionable or
sexually explicit, that encourages a violation of the law, that contains a
virus, that is off-topic, or, without www.OzHolidayParks.com.au's
permission, that contains any solicitation or advertising. You agree to
indemnify and hold harmless www.OzHolidayParks.com.au's from any damages and
costs, including without limitation court costs and attorneys' fees, arising
from your use of the Site. By submitting information to the Site, you grant
www.OzHolidayParks.com.au's the royalty-free, perpetual, irrevocable,
non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate,
publish, publicly perform, translate and distribute all or part thereof in
any form and for any purpose whatsoever, and you also permit other users of
the Site to use that information subject to the rules of the Site.
www.OzHolidayParks.com.au shall have the right, but not be obligated to,
monitor the Site to determine users' compliance with this Agreement and
applicable laws. www.OzHolidayParks.com.au shall have the right in its sole
discretion to not publish or remove any submitted information.
4. THIRD PARTY INFORMATION. The Site may contain information
submitted by third parties, including without limitation users and
suppliers, and may also contain links to third party sites. Those third
parties are solely responsible for the content, accuracy and originality of
the information they submit. www.OzHolidayParks.com.au has no more control
over such third party content than does a public library, newsstand, or
bookstore, and www.OzHolidayParks.com.au is not responsible for such third
party content. www.OzHolidayParks.com.au does not evaluate or endorse any
third party information. It is your responsibility to evaluate all
information provided on the Site, or to obtain specific professional advice.
5. COPYRIGHT, TRADEMARKS. This Site compilation and all portions
authored by www.OzHolidayParks.com.au are Copyright © 2004 Oz Holiday Parks
Directory, Sydney, NSW. All rights reserved. Portions of the Site authored
by third parties who have licensed their material to
www.OzHolidayParks.com.au are owned by those respective third parties. You
agree not to alter or remove any copyright notice or proprietary legend at
Site.
6. MISCELLANEOUS. This is the exclusive and entire Agreement between
www.OzHolidayParks.com.au and you regarding its subject matter. You may not
assign any part of this Agreement without www.OzHolidayParks.com.au's prior
written consent. This Agreement shall be governed by the internal laws of
NSW without reference to choice of law principles. www.OzHolidayParks.com.au
may terminate or restrict your use of the Site at any time without notice if
www.OzHolidayParks.com.au believes you have not fully complied with this
Agreement. Further, either party may terminate this Agreement at any time
without cause; upon termination for any reason, your obligations under this
Agreement shall continue, except that you agree to no longer access or use
the Site. You consent to exclusive jurisdiction and venue in the courts of
NSW for all matters arising out of or related to this Agreement or the Site.
You understand that www.OzHolidayParks.com.au may comply with law
enforcement requests or subpoenas regarding your use of the Site.
www.OzHolidayParks.com.au reserves the right to modify the terms of this
Agreement at any time by posting the new terms on the Site, which
modifications shall take place immediately. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any prior or
subsequent breach or default. If any provision of this Agreement is declared
invalid or unenforceable, the remaining provisions of this Agreement shall
remain in effect and the invalid or unenforceable provision shall be
replaced by a valid, enforceable provision that effectuates the intent of
the original provision. www.OzHolidayParks.com.au's suppliers, licensors,
affiliates, subsidiaries, employees and agents shall be third party
beneficiaries of www.OzHolidayParks.com.au's rights under this Agreement.
All rights not granted expressly by this Agreement are reserved.
7. COMMERCIAL COMPUTER SOFTWARE. All software and data on the Site is
a "commercial item," consisting of "commercial computer software" and
"commercial computer documentation,". The Site and all portions are
Copyright © 2004 Oz Holiday Parks Directory, Sydney, NSW. UNPUBLISHED. ALL
RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF AUSTRALIA.
8. SPECIAL PROVISIONS FROM LICENSORS. All information provided by
third party licensors falls under Section 2 guidelines above and by using
those services you agree to the clauses as found in Section 2. Where
warranties differ, a separate disclaimer/license will appear on the third
party licensor supplied pages. Use of those pages constitutes acceptance of
both the Section 2 license above and the third party licensor's
disclaimer/license.
9. RESERVATIONS SERVICE. You represent and warrant that you are of
legal age to enter into this Agreement and use the Site pursuant to this
Agreement, and that the information you submit will be true and accurate.
You agree to pay for all goods and services that you, or others using your
account, order through the Site, and to pay any taxes levied on your use of
the Site or your transactions on the Site, except for those based on
www.OzHolidayParks.com.au's annual net income. Additional terms and
conditions may apply to your purchase via the Site of goods and services
from third parties, and you agree to fully comply with those third parties'
terms and conditions.
10. PRIVACY POLICY. www.OzHolidayParks.com.au understands that the
protection and security of your account information, and any other
information that is personally identifiable, is of utmost importance.
Personally identifying information from users is collected only when the
user fills out the registration form, or in other site locations when users
knowingly submit such information to www.OzHolidayParks.com.au (for example,
when purchasing goods or services, such as making travel reservations). When
you obtain services or purchase goods from the Site - for example, booking a
reservation at - the information you submit is provided to the park
operator, travel agent, airline, car rental company, or other third party
supplier in order to successfully provide you with the services or goods you
have ordered.
We may disclose to third parties certain aggregate information contained in
your registration data or related data, provided that, such information will
not include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, or to enforce the
Agreement.
www.OzHolidayParks.com.au may send you emails regarding special offers
available or other useful information. If you do no wish to receive these
emails, you may send us an email asking not to receive emails.
As do most major web sites, this Site may use cookies. Cookies are
information from the Site that is stored on your hard drive. Cookies save
you time because you do not need to manually reenter the information stored
on your hard drive. Cookies also help www.OzHolidayParks.com.au upgrade the
Site by showing when and how users utilize the Site.
Cookies do not by themselves contain any personally identifying information,
but may be combined by www.OzHolidayParks.com.au with other personally
identifying information already submitted. Some third parties on the Site
(such as advertisers) may send cookies to your hard drive, and such third
party cookies are subject to the policies of those third parties.
Your web browser in its default mode probably accepts cookies from this Site
and all others. If you wish, you can usually change the setting so that
cookies are not accepted by your browser. However, the Site may not function
correctly.
Third Party Advertising
We use third-party advertising companies to serve ads when you visit our Web
site. These companies may use information (not including your name, address,
email address or telephone number) about your visits to this and other Web
sites in order to provide advertisements on this site and other sites about
goods and services that might be of interest to you.
Third Party Cookies In the course of serving advertisements to this site,
our third-party advertiser may place or recognize a unique cookie on your
browser.
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