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INTRODUCTION
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 Site”).
Your use of the Service and the Site are governed by the terms
and conditions set out below and as amended from time to time
("Terms of Use"). Roar.com Pty Ltd reserves the right
to amend the Terms of Use at any time by posting the amended terms
to the Site without further notice to you.
Your use of the Service and/or the Site shall be deemed to constitute
your knowledge and acceptance of the Terms of Use. If you do not
agree to be bound by the Terms of Use, you should immediately
cease all use of the Service and/or the Site.
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| 1. |
USE OF THE SITE AND THE SERVICE
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| 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 with these
Terms of Use.
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| 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.
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| 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 than
as expressly authorised by the Terms of Use is strictly prohibited.
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| 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.
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| 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.
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| 2. |
ALTERATION/DISCONTINUANCE OF THE SITE OR SERVICE
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2.1
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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 prior notice.
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| 3. |
MONITORING OF THE SERVICE
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3.1 Roar may electronically monitor the Service and the users
of the Service in order to ensure compliance with these Terms
of Use and may disclose any information, record or electronic
communication of a user of the Service:
(a) In compliance with any law, regulation or authorized governmental
request;
(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 partners.
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| 4. |
INTERNET ACCESS CHARGES
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4.1
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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.
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| 5. |
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
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| 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.
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| 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.
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| 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.
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| 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 Terms of Use.
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6.
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DISCLAIMER FOR THIRD PARTY WEBSITES
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| 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 for:
(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 Websites.
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7.
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INTELLECTUAL PROPERTY RIGHTS
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| 7.1 |
Copyright.
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
expressly permitted by these Terms of Use or elsewhere in the
Site, 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.
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| 7.2 |
Trademarks.
“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 prohibited.
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.
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7.3
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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:
Customer Care
Roar.com Pty Ltd
Level 23, 12 Creek Street
Brisbane 4000, Australia
Fax: (61) 7 3007 0001
Phone: (61) 7 3007 0070
Email: customercare@roar.com
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.
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7.4
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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.
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| 8. |
OBJECTIONABLE MATERIAL
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| 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.
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| 8.2 |
If you come across any site that you believe contains child pornography
or other illegal material, please contact us by email at: customercare@Roar.com
and we will pass the information on to the relevant authorities.
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| 9. |
DATA COLLECTION AND YOUR PRIVACY
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| 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 dealt with
in accordance with our Privacy Policy, which may be accessed by
clicking on the relevant link on the homepage of this Site.
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9.2
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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.
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10.
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GENERAL
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10.1
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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.
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| 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.
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| 10.3 |
Notices
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 customercare@roar.com.
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| 10.4 |
Severability
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 Terms
of Use and the remaining provisions shall remain in full force
and effect. The parties further agree that the court should endeavour
to give effect to the parties' intentions as reflected in the
severed provision these Terms of Use should be interpreted to
affect the intent of the parties, and the remaining provisions
will remain in effect.
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| 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.
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10.6
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Waiver
Roar’s 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.
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10.7
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Arbitration
Any dispute or claim arising out of or relating to the use of
Site or the Services or these Terms of Use, will settled by binding
arbitration conducted by an independent arbitrator appointed by
the Queensland Law Society (“the Arbitrator”).
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