Terms of Service
Welcome to CoochieIsland.com, Coochiemudlo Island’s community website. This service is provided by PortalStreet P/L, an Australian-registered company based in metro Brisbane, Queensland.
By using this site you agree to comply with and be bound by the following terms of service. Please review these terms carefully. You must immediately discontinue the use of this site if you do not agree to the following terms.
ACCEPTANCE OF TERMS
You agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to our site (the "Site"). This Agreement, in conjunction with our Privacy Policy, our billing policies, the membership conditions and product/service descriptions, constitute the entire and only agreement between us and you, and supercede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Unless explicitly stated otherwise, any new features that augment or enhance the current service are subject to the Agreement.
MINIMUM AGE
You confirm that you are at least 16 years of age, or that you have consent and permission from your parent/legal guardian to use this site.
MEMBERSHIP OBLIGATIONS AND CONDITIONS
The Site is available to all Site visitors for browsing purposes. Membership and membership services are available by registration or subscription, and are granted on conditions determined by PortalStreet in its sole discretion. Membership is not transferable. You confirm that you meet these conditions and agree to provide accurate and updated contact and other information.
If you provide any information that is untrue, inaccurate or incomplete; allow third party access to members-only services through your account; or PortalStreet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or that you have allowed such unauthorised third party access, then PortalStreet reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your password and membership account. All activities occurring under that password and account are your full responsibility. PortalStreet should be immediately notified of any unauthorised use of your password or account or any other breach of security.
USER CONDUCT
You understand that all content, whether posted on the Site or privately transmitted through the service, are the sole responsibility of the person from which such content originated. This means that you, and not PortalStreet, are entirely responsible for all content that you upload, post, email or otherwise transmit via this service.
You agree to not use the service to:
- Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
- Harm minors in any way;
- Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including government regulations; and
- Collect or store personal data about other users.
You acknowledge that PortalStreet shall have the right (but not the obligation) in its sole discretion to edit, remove and move any content that is available via the service and to refuse the inclusion of content to the service.
User postings are subject to no spamming and fair use. You agree to comply with these conditions.
ACCOUNT TERMINATION
You agree that PortalStreet, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, if PortalStreet believes that you have violated or acted inconsistently with the letter or spirit of the Agreement.
You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that PortalStreet may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that PortalStreet shall not be liable to you or any third party for any termination of your access to the service.
MODIFICATIONS TO SERVICE
PortalStreet may, in its sole discretion and at any time, modify or discontinue, temporarily or permanently, this service (or any part thereof) with or without notice. You agree that PortalStreet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
VIRUSES
PortalStreet cannot guarantee that any file or program available for download and/or execution from or via this Site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this Site, and you release PortalStreet entirely from all responsibility from any consequences of its use.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product and service providers, and affiliates harmless from any liability, loss, damage, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
DISCLAIMER OF WARRANTIES
The information and services from or through the Site are provided on an “as is” and “as available” basis. PortalStreet makes no representations or warranties of any kind, expressed or implied, as to the operation of this Site or the information, content, materials or products included on this Site, except as otherwise provided under applicable laws. You agree that you must evaluate, and bear all risks associated with, your use of the Site’s information and service, including any reliance on the accuracy, completeness, or usefulness of its content.
Neither PortalStreet, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever (including direct, indirect, consequential, special, punitive damages suffered by you or others, as well as damages for loss of profits, business interruption or loss of data or information) arising out of, or in any way related to, the use of this Site and any other sites linked to this Site.
NOTICE
PortalStreet may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
ADVERTISING
Unless authorised by PortalStreet, third party advertising is prohibited on this Site. You agree not to include third-party advertisements, including texts, logos, images and other advertising and promotional materials of these third parties on your postings and on your allocated websites on this Site.
THIRD-PARTY SERVICES
We may allow access to or advertisements by third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise, including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transaction between you and merchants or for any information appearing on Merchant sites or any other sites linked to our site.
THIRD-PARTY MERCHANT POLICIES
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors, and neither party has authority to make any representations or commitments on behalf of the other.
PAYMENTS
You represent and warrant that if you are purchasing something from us or from Merchants that: (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
THIRD PARTY LINKS
The Site contains links to other websites. PortalStreet is not responsible for the content, accuracy or opinions expressed in such websites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
SERVICE MARKS
Products and names mentioned on the Site may be trademarks of their respective owners.
COPYRIGHT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, and other proprietary (including but not limited to intellectual property) rights. You may view this Site and its contents using your web browser and electronically copy and print hard copies of parts of this Site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this Site is strictly prohibited.
Limited Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
We agree that you own the copyright to any material that you post on this Site. With respect to your content on this Site, you agree to grant PortalStreet, without charge, a perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.
Copyright Agent. We respect the intellectual property of others, and we ask that you to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at copyright [at] coochieisland [dot] com
APPLICABLE LAWS
Your use of this Site is governed by, construed and enforced in accordance with the laws of Queensland, Australia. Disputes arising from your use of this Site are exclusively subject to the jurisdiction of the courts of Queensland, Australia.
This Site may be accessed throughout Australia and overseas. PortalStreet makes no representations that the content of this Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access this Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
MISCELLANEOUS
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as inconsistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of our right to enforce such provision.
