Roar.com Pty Ltd (Roar) is the owner and
operator of an internet directory service ("the Service")
provided via a website interface located at www.Roar.com (the
Your use of the Service and the Site are governed
by the terms and conditions set out below and as amended from time
terms to the Site without further notice to you.
Your use of the Service and/or the Site shall be deemed
immediately cease all use of the Service and/or the Site.
|1. USE OF THE SITE AND
1.1 Roar hereby grants you a non-exclusive,
non-transferable, limited right and license to access the Site and
use the Service for your personal use only and otherwise in accordance
1.2 You may make copies or "cache"
pages of the Site, but only to the extent automatically done by
your internet browser software as a part of process of accessing
the Site or using the Service. Any other copying or use of the Site
shall be an infringement of our copyright and shall be prosecuted
to the full extent permitted by law.
1.3 You may not copy, modify, adapt, transmit,
publicly perform or display, sell, distribute, publish, customize,
add to, delete from, or create derivative works of any part of the
Site. Any other use or exploitation the Site or the Services, other
1.4 You agree that you will not use any script,
software or mechanical device to access, monitor or copy the Service
or interfere with the normal functioning of the Service, unless
specifically authorised by Roar.
1.5 You will not engage in any conduct that
in the discretion of Roar restricts or inhibits any other person
from using or enjoying the Service. You agree to use the Service
only for lawful purposes. You warrant and promise that you are an
individual (e.g., not a corporation) and at least eighteen (18)
years of age or have specific permission from a parent or legal
guardian to use the Service. You are prohibited from posting on
or transmitting through the Service any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, profane, hateful,
racially, ethnically or otherwise objectionable material of any
kind, including, but not limited to, any material which encourages
conduct that would constitute a criminal offence, give rise to civil
liability or otherwise violate any applicable local, state, national
or international law.
2. ALTERATION/DISCONTINUANCE OF THE SITE OR SERVICE
2.1 Roar may discontinue or alter any aspect of the
Site or Service, including, but not limited to:
(a) Restricting the availability and/or scope of the
Service for certain platforms and operating systems;
(b) Restricting the times at which the Site and/or
the Service is available;
(c) Restricting the amount of use of the Service permitted
by a particular user; and
(d) Restricting or terminating a user's right to use
the Site and the Service, at Roar's sole discretion and without
|3. MONITORING OF THE SERVICE
3.1 Roar may electronically monitor the Service
and the users of the Service in order to ensure compliance with
communication of a user of the Service:
(a) In compliance with any law, regulation or authorized
(b) If such disclosure is necessary for the continued
operation of the Service; or
(c) To protect the rights or property of Roar or its
|4. INTERNET ACCESS CHARGES
4.1 You shall be solely responsible and liable for
all charges (including internet access fees and associated charges)
incurred by you in order to connect to the Site and/or use the Service.
|5. DISCLAIMER OF WARRANTY
AND LIMITATION OF LIABILITY
5.1 In relation to the Site and the Service,
Roar disclaims any and all warranties (either express or implied)
to the full extent permitted by law, including without limitation:
(a) Any warranties regarding the availability or accuracy;
(b) Any warranties of title, merchantability or fitness
for a particular purpose.
5.2 Neither Roar nor any of its partners, agents, affiliates or
content providers shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of or incidental to
the use of the Site or the Service or inability to gain access to
the Site or use the Service.
5.3 THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF, THE SITE OR THE SERVICE, WHETHER ARISING OUT OF BREACH OF WARRANTY,
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ROAR IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
5.4 You agree to indemnify, keep indemnified
and forever hold harmless, Roar, its partners, agents, affiliates
and content partners from any costs (including legal costs), loss,
damage, claims or disputes, which may arise out of or incidental
to your use of the Site or the Service or from a breach of these
6. DISCLAIMER FOR THIRD PARTY
6.1 The Site may contain links to websites of our
advertisers or other third parties (Third Party Websites).
Roar has no control over and shall not be responsible or liable
(a) The price, quality, safety or legality of the
goods or services available on or through Third Party Websites;
(b) The truth or accuracy or legality of the content
on the Third Party Websites or for the actions you might take in
reliance on that content; or
(c) The availability or technical capabilities of
the Third Party Websites or the links provided to those Third Party
|7. INTELLECTUAL PROPERTY RIGHTS
The Site contains information, software, photos,
video, graphics, music, sounds or other material ("Site Content").
The Site Content was created and is owned by Roar and is protected
by applicable domestic and international copyright laws. Unless
you shall not copy, distribute, publish, perform, modify, download,
transmit, transfer, sell, or license, reproduce, create derivative
works from or based on, distribute, post, publicly display, frame,
link, or in any other way exploit any part of the Site Content,
in whole or in part. Links to the Site are only permitted upon express
permission from and by arrangement with Roar. Any rights not expressly
granted to you herein are reserved. All copyright infringements
will be prosecuted to the full extent permitted by law.
ROAR and the ROAR logo
are trademarks and service marks of Roar.com Pty Ltd ("Roar
Marks"). Any unauthorized use of the Roar Marks is strictly
Any product, service, or trade name other than those
owned by Roar that identify a third party as the source thereof
may, even if not so indicated, be the service mark or trademark
of that respective entity or individual.
7.3 Claims of Copyright Infringement by third parties
Roar supports the Digital Millennium Copyright
Act (DMCA) and encourages users to contact us via our
agent at the address below, with any claims of alleged copyright
infringement by Third Party Websites:
Roar.com Pty Ltd
Level 3, 1 Buckingham St
Surry Hills NSW 2010, Australia
Please include "DMCA" in the subject line
if sending us notice by email.
All notices to us in regard to potential copyright
infringement should include all of the following details:
(a) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
(b) Identification of the copyrighted work claimed
to have been infringed, or if a single covers multiple copyrighted
works at a single Web site claim, a representative list of such
works at that Web site.
(c) Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit Roar to locate the material.
(d) Information reasonably sufficient to permit Roar
to contact the complaining party, such as an address, telephone
number, and if available, an electronic mail address at which the
complaining party may be contacted.
(e) A statement that the complaining party believes
in good faith, that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notice
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
7.4 Dealing with Copyright Infringers
In the case of Third Party Websites who are the
subject of a claim of copyright infringement, Roar reserves the
right to remove and/or to disable any link or other access to such
Third Party Websites and/or terminate the accounts of the owners
of the said websites.
|8. OBJECTIONABLE MATERIAL
8.1 Roar supports responsible parenting in respect
of the use of the Site and the Service by children. We encourage
parents to implement commercially available hardware and software
filtering devices that will help protect your children from exposure
to material that is offensive, objectionable, harmful, deceptive
or otherwise inappropriate for children.
8.2 If you come across any site that you believe
contains child pornography or other illegal material, please contact
us by email at: firstname.lastname@example.org
and we will pass the information on to the relevant authorities.
|9. DATA COLLECTION AND YOUR
9.1 Due to the nature of the Service, Roar does
not ordinarily collect, store, use or disclose any personally identifying
information of a user of the Site or the Service, unless you are
an advertiser or otherwise make direct contact with us. In the event
that you do provide us with such personal information, it will be
by clicking on the relevant link on the homepage of this Site.
9.2 The Internet is a global computer network. By
submitting your personal information to us electronically over the
Internet, you agree to our collecting and processing your personal
data in this manner. Roar shall not be responsible or liable for
any loss or damage sustained as a result of interception of your
personal data during transmission and/or the unauthorised use of
this data by third parties.
10.1 Governing Law
This Agreement shall be construed and controlled
by the laws of the State of Queensland, Australia. Further, the
laws of the State of Queensland will govern any dispute arising
from the terms of this agreement or a breach of this Agreement.
Customer agrees to personal jurisdiction by the State and Federal
courts sitting in the State of Queensland.
10.2 Entire Agreement
This Agreement constitutes the entire agreement
between the parties with respect to the subject matter contained
herein and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral between Roar.com representatives
and you. Roar.com may amend or modify this Agreement or impose new
conditions at any time upon notice from Roar.com to Customer as
published through the Service. Any use of the Service by you after
such notice shall be deemed to constitute acceptance by you of such
amendments, modifications or new conditions.
All notices given to you by Roar shall be sent
to your nominated e-mail address. You may give notice to Roar by
sending an e-mail addressed to email@example.com.
In the event that any provision of these Terms
of Use are found by a court of competent jurisdiction to be invalid,
illegal or unenforceable, such provision shall be severed from the
and effect. The parties further agree that the court should endeavour
to give effect to the parties' intentions as reflected in the severed
intent of the parties, and the remaining provisions will remain
10.5 Section Headings
The section headings contained herein
are for reference purposes only and shall not in any way affect
the meaning or interpretation of this agreement.
Roars failure to exercise or enforce
any right or provision of the Agreement shall not be deemed to be
a waiver of such right or provision.
Any dispute or claim arising out of or relating
by binding arbitration conducted by an independent arbitrator appointed
by the Queensland Law Society (the Arbitrator).