Icon Island services (the "Services") are provided by Media Horizons
Pty Ltd (ACN 094 171 589) trading as Icon Island ("Icon Island") to
the user ("You" or "User") under the terms and conditions of this
PROCESS, YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS
AND LIMITATIONS OF LIABILITY. |
To subscribe to the Services, You must complete the Icon Island registration
screen. As part of the registration process for the Services, You
agree to: (1) provide certain limited information about You as prompted
to do (such information to be current, complete and accurate) and
(2) maintain and update this information as required to keep it current,
complete and accurate. Icon Island reserves the right to refuse or
discontinue the Service to any or all users at any time.
2. SOFTWARE AND OTHER INTELLECTUAL PROPERTY
During use of the Services, Users may download certain software connected
to the Service. In accordance with Your authorized use of the Service,
Icon Island grants You a limited license to use the Software solely
in connection with the Services offered by Icon Island. You acknowledge
that the Software downloaded in connection with the Services is proprietary
to Icon Island and is protected by local, state, national and international
laws; therefore, You are only permitted to use this software as expressly
authorized by the Service and this Agreement. You may not copy, reproduce,
distribute, or create derivative works of the Software. Further, You
may not reverse engineer, decompile, alter, modify, disassemble, or
otherwise attempt to derive source code from the Software. All rights
not expressly granted in this Agreement are reserved to Icon Island.
You understand and agree that any uploading or downloading will be
at your sole risk and Icon Island shall not be responsible to You
in any way. Further, Icon Island does not provide any warranty as
to Your use of any third party content or software that You download
from the Icon Island site.
("Icon Island") and the Icon Island logo, and other names,
logos, icons and marks identifying Icon Island's products and services
are trademarks of Icon Island and may not be used without the prior
written permission of Icon Island.
All computer code, text and graphical content and icons used in the
Service are copyrighted and may not be reproduced in any form. International
patents are pending over the core functionality of the Service.
(a) During the registration process, You must select a Password and
User Name, which will be a current email address belonging to You.
You agree to carefully safeguard Your Password, User Name, and account
and You agree that You shall at all times remain solely responsible
for maintaining and protecting the confidentiality of your Password
and account information and You are solely responsible for any and
all activities that occur under Your account.
4. ADVERTISERS AND SPONSOR LINKS
Any dealings with any advertiser or sponsor appearing on the Service
is solely between You and that party. Icon Island is not responsible
for any claim or representation made by an advertiser through the
5. USER CONDUCT
You are solely responsible for the content of Your transmissions through
the Service. Icon Island does, however, reserve the right to take
any action with respect to the Services that Icon Island deems necessary
or appropriate in Icon Island's sole discretion if Icon Island believes
You or Your transmissions or use of the Services may violate the rights
of others, these rules or any applicable laws. Your use of the Service
is subject to all applicable local, state, national and international
laws and regulations (including without limitation those governing
account collection, export control, consumer protection, unfair competition,
anti-discrimination or false advertising). You agree: to comply with
all laws, rules and other regulations applicable in connection with
the Service;(2) not to interfere or disrupt networks connected to
the Service; (3) not to use the Service to infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy; (4) not to use or transmit through
the Service any unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature and (5) You will not interfere with another users use
and enjoyment of the Service.
You agree that you have read the Icon Island Privacy Statement and
agree to our use of Personal Information in accordance with that Statement.
You acknowledge that the Privacy Statement may change from time to
time and that Icon Island does not guarantee to notify each user individually
of such change. Each time You use the Service you will be accepting
the Privacy Statement as then current. If your browser is set to accept
that allow Icon Island to recognise its users and their preferences.
6. LINKS TO THIRD PARTY SITES
Icon Island may provide links to third party sites for Your convenience.
Icon Island accepts no liability for any content or for any policies
related to those sites. The inclusion of any link does not imply an
endorsement of that site by Icon Island.
Icon Island may amend this Agreement by posting of new Terms on the
site . Icon Island will use reasonable measures to alert users to
such change (e.g. by highlighting the link) but makes no guarantee
to inform users individually. Each time You use the Service you will
be accepting the Terms and Conditions as then current. Furthermore,
Icon Island reserves the right, at any time and for any or no reason,
to limit, deny, modify or discontinue the Service with or without
notice to You. Icon Island shall not be liable to You or any third
party should Icon Island exercise its right to modify or discontinue
8. EXCLUSION OF WARRANTIES AND DISCLAIMER
To the extent permitted by law, Icon Island excludes all excludable
conditions and warranties implied by custom, law or statute. The service
is provided on an "as is" basis and Icon Island makes no representation
as to its merchantability, suitability or fitness for any purpose.
Icon Island does not warrant or make any representation as to the
reliability, timeliness, completeness ,accuracy or security of the
Service. ANY CONTENT YOU DOWNLOAD FROM THE ICON ISLAND SITE IS AT
YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT.
10. LIMITATION OF LIABILITY
10.1 To the extent permitted by law, Icon Island will not be liable
to You for any loss or damage suffered in connection with the Services
or any consequential , indirect or punitive loss or damages (including
but not limited to any loss of data, loss of income or profits) in
connection with the Services including, but not limited to, any of
a) failure to provide the services
b) corruption or loss of data
c) defects, faults or viruses,
d) changes, suspension or discontinuance of the Services
e) Content sent or received through the site
f) Any third party link or advertiser link or representation
10.2 If the liability limitation within clause 10.1 is not permitted
by law, any loss will be limited to the amount paid by the User for
the Services, or A$10, whichever is the greater.
You hereby agree, at Your expense, to indemnify, defend and hold Icon
Island harmless from and against any loss, cost, damages, liability,
expense, arising out of or relating to (a) a third-party claim, action
or allegation of infringement based on information, data, Content
or other content submitted by You, (b) any fraud or manipulation,
or other breach of this Agreement, by You, or (c) any third-party
claim, action or allegation brought against Icon Island arising out
of Your use of the Software or Services.
12. GENERAL TERMS
12.1 This Agreement is governed by the laws of the State of New South
Wales, Australia and the parties agree to be bound by the exclusive
jurisdiction of the Courts of New South Wales.
12.2 If any part of this Agreement is held to be invalid by a Court,
the remaining provisions shall remain in full force and effect. Icon
Island's failure to act with respect to a breach by You does not waive
Icon Island's right to act with respect to subsequent or similar breaches.
You may not assign or transfer this Agreement or any rights hereunder,
and any attempt to the contrary is void Any notice required or permitted
to be given to You under this Agreement shall be delivered by electronic
mail at the email address provided by You during registration.
12.3 This Agreement constitutes the complete and exclusive understanding
and agreement of the parties.
12.4 You understand and agree that You are solely responsible for
reviewing the terms of this Agreement from time to time.