Australian Traditional Chinese Medicine Practitioner Directory Terms of Service
(As of: November 26, 2014)
Use of Properties
In creating an account and/or claiming your business' listing, you represent to us that all information provided to us in such process is true, accurate and correct. If you are creating an account or claiming a listing on behalf of a business, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us。
Ownership of Content
A. Your Content
You own all content you submit to the Properties, including but not limited to profile information, reviews, images, messages, and any other materials ("Your Content"). By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us ("Third Party Properties") the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.
You are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
- You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
- Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to Your Content which are images, you agree that at least one of the following is met:
- You have taken the photograph or created the artwork being submitted;
- You own the rights to the image; or
- You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you agree that any of Your Content submitted to us will not:
- Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
- Contain material that violates the standards of good taste or the standards of the Properties;
- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Accuse others of illegal activity, or describe physical confrontations;
- Contain material that is illegal, or that violates any federal, state, or local law or regulation;
- Contain language or images intended to impersonate another person;
- Disguise or attempt to disguise the origin of Your Content;
- Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
- Assert or imply that Your Content is in any way sponsored or endorsed by us;
each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
B. Our Content
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Properties excluding Your Content and third party content ("Our Content"). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
C. Intellectual Property
All intellectual property in relation to material included on the Website belongs to ATCMPD or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
Apart from fair dealing permitted by the Copyright Act 1968, ATCMPD grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
Maps and map data:
- All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider.
- We provide the Google Maps product on an ’as is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against us or Google pertaining to the suitability for any given purpose and performance of Google Maps.
No Endorsement of Content
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
- Use the Properties for illegal or unauthorized uses;
- Impersonate any person or entity;
- "Stalk" or harass other users or persons;
- Harm minors in any way;
- Falsely state or misrepresent your affiliation with another person or entity;
- Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
- Access or use the account of another user without permission;
- Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
- Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or other messages for any purposes;
- Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
- Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
- "Hack" or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
- Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content;
Privacy and Security
We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
B. Limitation of Liability
B. Data Fees
C. Changes to the Terms
E. Governing Law/Dispute Resolution