A.This Agreement, which incorporates by reference other provisions applicable to use of the ‘Mr Sparky Electrical Services Website’, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained on ‘Mr Sparky Electrical Services Website’, sets forth the terms and conditions that apply to use of ‘Mr Sparky Electrical Services Website’ by User. By using Mr Sparky Electrical Services (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use ‘Mr Sparky Electrical Services Website’ is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B.Mr Sparky Electrical Services shall have the right at any time to change or discontinue any aspect or feature of ‘Mr Sparky Electrical Services Website’, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Mr Sparky Electrical Services shall have the right at any time to change or modify the terms and conditions applicable to User’s use of ‘Mr Sparky Electrical Services Website’, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ‘Mr Sparky Electrical Services Website’, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of ‘Mr Sparky Electrical Services Website’ by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3.DESCRIPTION OF SERVICES
Through its Web property, Mr Sparky Electrical Services provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of ‘Mr Sparky Electrical Services Website’ and all charges related thereto.
A.User shall use the ‘Mr Sparky Electrical Services Website’ for lawful purposes only. User shall not post or transmit through the ‘Mr Sparky Electrical Services Website’ any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Mr Sparky Electrical Services ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Mr Sparky Electrical Services’s discretion restricts or inhibits any other User from using or enjoying the ‘Mr Sparky Electrical Services Website’ will not be permitted. User shall not use the ‘Mr Sparky Electrical Services Website’ to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Mr Sparky Electrical Services.
B.‘Mr Sparky Electrical Services Website’ contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ‘Mr Sparky Electrical Services Website’ are copyrighted as a collective work under the Australian copyright laws. Mr Sparky Electrical Services owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Mr Sparky Electrical Services and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C.User shall not upload, post or otherwise make available on the ‘Mr Sparky Electrical Services Website’ any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the ‘Mr Sparky Electrical Services Website’, User automatically grants, or warrants that the owner of such material has expressly granted Mr Sparky Electrical Services the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Mr Sparky Electrical Services the right to edit, copy, publish and distribute any material made available on the ‘Mr Sparky Electrical Services Website’ by User.
D.The foregoing provisions of Section 5 are for the benefit of Mr Sparky Electrical Services, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6.USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
> Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
> Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
> Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
> Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
> Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
> Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
> Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Services specifically allows such messages.
> Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
> Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
> Restrict or inhibit any other user from using and enjoying the Communication Services.
>Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
> Harvest or otherwise collect information about others, including e-mail addresses.
> Violate any applicable laws or regulations.
> Create a false identity for the purpose of misleading others.
> Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Mr Sparky Electrical Services has no obligation to monitor the Communication Services. However, Mr Sparky Electrical Services reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Mr Sparky Electrical Services reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Mr Sparky Electrical Services reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mr Sparky Electrical Services’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. Mr Sparky Electrical Services does not control or endorse the content, messages or information found in any Communication Services and, therefore, Mr Sparky Electrical Services specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorised Mr Sparky Electrical Services spokespersons, and their views do not necessarily reflect those of Mr Sparky Electrical Services.
13.Links to 3rd Party Sites
The links in this area will let you leave Mr Sparky Electrical Services site. The linked sites are not under the control of Mr Sparky Electrical Services and Mr Sparky Electrical Services is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Mr Sparky Electrical Services is not responsible for web-casting or any other form of transmission received from any linked site. Mr Sparky Electrical Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mr Sparky Electrical Services of the site.
Mr Sparky Electrical Services is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Mr Sparky Electrical Services has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of ‘Mr Sparky Electrical Services Website’, are those of the respective author(s) or distributor(s) and not of Mr Sparky Electrical Services. Neither Mr Sparky Electrical Services nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through ‘Mr Sparky Electrical Services Website’ represents the opinions and judgments of the respective information provider, User, or other users not under contract with Mr Sparky Electrical Services. Mr Sparky Electrical Services neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ‘Mr Sparky Electrical Services Website’ by anyone other than authorised Mr Sparky Electrical Services employee spokespersons while acting in their official capacities. Under no circumstances will Mr Sparky Electrical Services be liable for any loss or damage caused by a User’s reliance on information obtained through ‘Mr Sparky Electrical Services Website’. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Mr Sparky Electrical Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14.Unsolicited Idea Submission Policy
Mr Sparky Electrical Services or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. please do not send any original creative artwork, samples, demos, or other works. the sole purpose of this policy is to avoid potential misunderstandings or disputes when Mr Sparky Electrical Services products or marketing strategies might seem similar to ideas submitted to Mr Sparky Electrical Services. So, please do not send your unsolicited ideas to Mr Sparky Electrical Services or anyone at Mr Sparky Electrical Services. If, despite our request that you do not send us your ideas and materials, you still send them, please understand that Mr Sparky Electrical Services makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Mr Sparky Electrical Services shall have the right, but not the obligation, to monitor the content of ‘Mr Sparky Electrical Services Website’, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Mr Sparky Electrical Services and to satisfy any law, regulation or authorized government request. Mr Sparky Electrical Services shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ‘Mr Sparky Electrical Services Website’. Without limiting the foregoing, Mr Sparky Electrical Services shall have the right to remove any material that Mr Sparky Electrical Services, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Mr Sparky Electrical Services, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Mr Sparky Electrical Services by User or User’s Account.
Either Mr Sparky Electrical Services or User may terminate this Agreement at any time. Without limiting the foregoing, Mr Sparky Electrical Services shall have the right to immediately terminate User’s Account in the event of any conduct by User which Mr Sparky Electrical Services, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for ‘Mr Sparky Electrical Services Website’ established by Mr Sparky Electrical Services constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the New South Wales Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Mr Sparky Electrical Services and it’s logos are trademarks of Mr Sparky Electrical Services Pty Ltd. All rights reserved. All other trademarks appearing on Mr Sparky Electrical Services are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.