Keyvision - Terms of Service (Version: 03) By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site. By clicking on the "I Agree to the Terms" button and completion of the registration process, you are stating that you agree to be bound by all of the terms of service and conditions of use. Scope of Terms and Conditions ============================== These terms and conditions apply to your use of all of the sites and services ("Services") owned or operated by Keyvision, and any other site that we may own or operate in the future (collectively, "Keyvision"). Unless we say otherwise, all references to Keyvision in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which Keyvision only links. Description of Services ============================== Keyvision provides organizations and associations of any kind, whether incorporated or not, and their members with access to a wide array on-line resources, various communications tools, online forums, personalized content and branded programming. The Services may be accessed and used solely by the organization and its members. Keyvision may terminate, modify, or temporarily discontinue the service or any of the features or tools utilized in the service at any time according to these terms. You agree that Keyvision will not be liable for any termination, modification, or temporary discontinuance of the Services. In order to use the Services, users must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. In addition, users must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Registration Obligations ============================== You agree to: (a) provide true, accurate, current and complete information about yourself on the registration form ("registration information") and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Keyvision has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Keyvision has the right to suspend or terminate your account and refuse any and all current or future use of the service. You are entirely responsible for maintaining the confidentiality of any passwords and the information stored on the site ("site information") and any usage and activities that occur in connection with use of the site information. Restrictions on Use of Materials ================================= All materials published by Keyvision and its third party providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked sites (collectively, the "content") are the property of or controlled by Keyvision or the party credited as the provider of the content. The organization and its members will respect all proprietary rights of Keyvision and its third party providers in and to the content, site name, Services, and site, any products or other services. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of Keyvision. You may not publish, display, or commercially exploit any material from or other entities with an interest in the relevant intellectual property unless you request and receive prior written permission from us or other entities with an interest in the intellectual property. To request our permission, you may write to Keyvision, 68 Clarke Street, South Melbourne, VIC 3205. If permission is granted by us or any other entities with an interest in the relevant intellectual property, you may not change or delete any author credit, trademark, legend or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained on Keyvision. Links ============================== These terms and conditions apply only to Keyvision, and not to the sites of any other companies or organizations, including those to which Keyvision may link. We are not responsible for the availability of any other site to which Keyvision links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster. Member Conduct You agree not to use the service to: 1. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. upload, post, email or otherwise transmit any content that is harmful to minors in any way; 3. impersonate any person or entity, including, but not limited to, a Keyvision official, forum leader, guide or host, or falsely state or otherwise misrepresent their affiliation with a person or entity; 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service; 5. upload, post, email or otherwise transmit any content that the organization does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; 8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 10. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations, rules or directions by or of the Office of Fair Trading & Business Affairs (Victoria), the ACCC, ASIC, the Registrar of Associations (if applicable), any regulations, rules or directions of any national or other securities exchange, including, without limitation, the Australian Stock Exchange and any regulations, rules or directions having the force of law; 12. "stalk" or otherwise harass another; or 13. collect or store personal data about other users, except as authorised under the organisation’s Privacy Policy. Interactive Forums ============================== An "interactive forum" means any message board, chat room, or similar interactive service appearing on Keyvision. You must register and comply with instructions that you will find on Keyvision in order to contribute to any interactive forum. You may not post on any interactive forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any interactive forum on Keyvision, except for material signed by an identified representative of Keyvision acting within the scope of their responsibilities. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. No Resale of Service ============================== You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service. Termination ============================== We may, at our discretion, terminate the registration of any user who violates any of the terms and conditions of use. Copyright Complaints We respect the intellectual property rights of others, and require that the people who use Keyvision do the same. In appropriate circumstances, we will terminate the registration of any forum user who is responsible for repeat acts of copyright infringement. The designated person to receive notification of claimed infringement of copyright is Managing Director, Keyvision Pty Ltd of 68 Clarke Street, South Melbourne, Victoria 3205 or e-mail at info@keyvision.net. Passwords ============================== You are responsible for maintaining the confidentiality of your registration information and password. You agree to notify Keyvision as soon as you discover any unauthorized use of your password. Electronic Communications By agreeing to these terms of service, you accept that from time to time you will receive transmitted communication (IE: emails) concerning issues or information associated with your membership or involvement with the Keyvision Intranet Service. In the case of sending or transmitting such communications, all users must comply with their obligations as detailed under the Australian Government’s Spam Act. Disclaimers ============================== To the extent permitted by law, the services and materials on this site are provided "as is" and without warranties of any kind, either express or implied. Keyvision makes no warranties with respect to the Services, the underlying software of the Services, the documentation (if any) supporting the foregoing or any components or portions thereof, or any other goods or services provided by Keyvision, express or implied, oral or written, including but not limited to the implied warranty of merchantability, non infringement and fitness for a particular purpose. Neither Keyvision nor any of its respective licensors or suppliers warrant that any functions contained in Keyvision will be uninterrupted or error-free, that defects will be corrected, or that resident interactive or the server that makes the resident interactive service available are free of viruses or other harmful components. Neither Keyvision nor any of its respective licensees or suppliers warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Keyvision or any of its respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any products or services offered on any Keyvision sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. Limitation of Liability ============================== To the extent permitted by law, in no event will Keyvision, any affiliate or subsidiary, or any of their respective officers, directors, employees, contractors, shareholders or representatives be liable to you or to any other party for any special, indirect, incidental or consequential damages, including damages or costs incurred as a result of loss of time, loss of savings, loss of property, loss of data, loss of profits or loss of goodwill, whether foreseeable or unforeseeable, which may arise out of or in connection with a defect in the Services, the underlying software to the Services, the documentation (if any) supporting the foregoing or any components or portions thereof including without limitation the use of or inability to use the foregoing, regardless of whether Keyvision has been advised by you of the possibility or likelihood of such damages occurring, or whether claims are based or remedies sought in contracts, negligence, strict liability, tort, products liability or otherwise. Keyvision shall not be liable for and does not assume any responsibility for any breakages, damages, failures or delays caused by misuse, abuse, negligence, accidents, improper installation, force majeure events or any other causes beyond Keyvision’s control. In all events and to the extent permitted by law, the total cumulative liability to you, or any other party, by Keyvision or any of its affiliated companies or any of its or their respective licensors or suppliers for damages, losses, and causes of action (whether in contract, tort, or otherwise) shall be limited to and shall be limited to and shall not exceed the aggregate of the renewal fees actually paid by the you to Keyvision (if any) for accessing Keyvision during the 12 month period preceding the occurrence giving rise to a claim of liability. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Indemnity ============================== You agree to defend, indemnify and hold harmless Keyvision, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fees, that arise with your use of the site, your posting, downloading or transmission of all communications or material on this site or from your violation of applicable law. No Personal Advice ============================== The information contained in or made available through Keyvision (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Neither Keyvision nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Keyvision. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. Parental Permission Keyvision may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Keyvision may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. Proprietary Rights ============================== The Services, this site, all content, and all trademarks, including but not limited to all material distributed or presented to the organization or its members through the Services by Keyvision or its third party providers or on the linked sites, and all rights and intellectual property rights, are the sole property of Keyvision or its third party providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any comments, suggestions or ideas or other information submitted to Keyvision through this website, in writing, by e-mail or otherwise will be the property of Keyvision and Keyvision will have all rights without any obligation to compensate the organization or its members. All site information (which is information on the site that specific to the organization’s site and is or cannot be generic information that does or can relate to sites other than the organization’s site) will remain the sole property of the organization, its members or any party with rights therein. Any rights not expressly granted herein are reserved. Trademarks ============================== Keyvision, the Keyvision logo, and other Keyvision logos and product and service names are trademarks or service marks of Keyvision ("Keyvision Marks") you agree not to display or use in any manner the Keyvision Marks without Keyvision’s prior written permission. Privacy Policy We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please refer to our Privacy Policy. Governing Law ============================== These terms shall be governed by and construed in accordance with the laws of Victoria Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of such State and all courts competent to hear appeals there from. Injunctive Relief In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Keyvision will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Keyvision may apply to any court of competent jurisdiction in the Australia or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Keyvision will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Keyvision’s rights to relief in either law or equity. Miscellaneous ============================== If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and Keyvision relating to the subject matter it contains, notwithstanding any prior negotiations, representations, warranties, covenants, understandings or agreements made or entered into before this agreement was accepted by you. This agreement may be modified only by our posting of changes to these terms and conditions (provided that Keyvision has given you notice of the change within 7 days of such change) , or in writing signed by Keyvision and you. You are not entitled to transfer, assign, mortgage, lease, discharge, encumber, licence, declare a trust of, grant any option over or otherwise dispose (collectively called “deal”) any of your rights, duties, benefits, obligations or interest in this agreement without the prior written consent of Keyvision. Any inquiries concerning these terms and conditions of use should be directed to info@keyvision.net.