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Legals
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TERMS OF USE - WESTERN CHANCES WEBSITE
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These terms and conditions of use ("terms") apply to the Western Chances website, located at www.westernchances.org.au, and all subsidiary pages. The site is the property of Western Chances ("Western Chances", "we", "us" or "our").
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BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.
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This agreement is made by and between Western Chances, and you.
Western Chances reserves the right, at its sole discretion, to change, modify, add or remove portions of ...
– the terms of use,
– the site, including any content, service or feature of the site, and
– change any information relating to the Western Chances organisation.
Changes shall be effective immediately and you acknowledge that electronic notification (by posting on this site or by email) is adequate and benefits through decreased cost and increased flexibility and speed. Your use of the site after such notice shall constitute acceptance of such changes.
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PROPRIETARY RIGHTS
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Ownership
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This site is owned and operated by Western Chances. All pages, images, text, multimedia and other content within the site are the sole property of Western Chances, unless otherwise clearly specified or covered by the following exceptions.
Brand names and trademarks other than Western Chances are the property of their respective owners.
Endorsements, commentary, images, links to third-party sites where they contain product names, company names, trademarks or other proprietary components remain the property of their respective owners.
Images used for decoration of this site have been purchased as royalty free stock images under licence or are images owned by Western Chances.
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Copyright
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The material contained on this site is copyright of Western Chances, unless otherwise stated. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the Australian Copyright Act 1968.
If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provide using the link at the base of this page.
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Moral rights
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All intellectual property for this site except where expressly stated, rests with Western Chances. All individual rights have been transferred to Western Chances, where rights are not transferable, such as moral rights, the owners have agreed to their attribution being left out of all Western Chances documentation.
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Trademarks
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Western Chances owns the following trademarks in Australia and may elect to enforce these trademarks at common law in other jurisdictions ...
– Western Chances (trademark of Western Chances)
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Software
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The software used to manage this site (Komodo CMS) is subject to the Komodo End User License Agreement (EULA). The agreement can be obtained by contacting Komodo CMS for a copy of the current agreement.
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Software piracy
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Western Chances will actively and aggressively enforce its intellectual property rights to the fullest extent of the law. Komodo CMS is a proprietary product, and the illegal copying of software programs is a crime. Please report any piracy by contacting Komodo CMS (using the link at the base of this page), the Business Software Alliance (BSA) or your local equivalent agency.
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USE OF THIS SITE
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Accounts, passwords and security
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Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Western Chances immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Western Chances or any other user of the website due to someone else using your account and password.
You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. Western Chances will not be liable for any loss or damage arising from your failure to comply with these obligations.
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Privacy
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Western Chances' privacy statement applies to the use of this site, to access our privacy statement, please contact Western Chances (see Contact Details page). By using this site, you acknowledge that internet transmissions are never completely private or secure, even when encrypted.
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Links to other sites
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This site contains links to independent third-party websites. The sites are provided for convenience and are not under the control or ownership of Western Chances. Western Chances does not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites.
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Idea submission, feedback and comments
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Western Chances, its related entities, staff and agents, do not solicit ideas for products, marketing or any other creative suggestions or individual works. Please do not send unsolicited ideas to Western Chances or anyone connected with Western Chances. If, despite this request, you send unsolicited ideas, regardless of what your communication states, then you agree that your ideas will automatically become the property of Western Chances, without compensation to you, and Western Chances can use the ideas for any purpose. Western Chances has a strict policy on development of intellectual property and this policy is enacted to avoid any confusion over intellectual property rights.
All support and feedback mechanisms are provided to improve the quality of our service. By using these mechanisms, you agree that all content, suggestions and feedback become the sole property of Western Chances without compensation.
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General code of conduct
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While using this site or site related services, you agree not to ...
– restrict or inhibit any other user from using and enjoying the site,
– upload or transmit any content which is unlawful, fraudulent, harmful or obscene,
– breach copyright or impinge other intellectual property rights,
– upload or transmit any form of unauthorized solicitation (including spam),
– upload or transmit any malicious content or disruptive component (including viruses and worms),
– probe, scan or test the vulnerability of the site or any network connected to the site,
– interfere with or disrupt site infrastructure (including denial of service attacks),
– upload or transmit content that you do not have a legal right to transmit,
– forge headers or manipulate identifiers in order to disguise the origin of a transmission,
– intentionally violate any applicable law,
– attempt to sell or illegally profit from this site, including disassembling or accessing underlying code,
– collect or store personal data about another user of this site, and
– impersonate another user of this site or gain access by impersonating another person or entity.
Western Chances has no obligation to enforce these requirements, unless instructed to do so at law, however you acknowledge that Western Chances may monitor the site and manage the site in any fashion that enables these terms to be enforced.
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Disclaimer
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Western Chances does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice.
Western Chances disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against Western Chances for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties.
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Limitation of liability
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Except where prohibited by law, in no event will Western Chances be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Western Chances has been advised of the possibility of such damages.
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Indemnification
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You agree to indemnify and hold Western Chances, its officers, committee, members, predecessors, successors in interest, employees, agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Western Chances by any third-party due to or arising out of or in connection with your use of the site and or services.
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Violation of these Terms of Use
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Western Chances may preserve any transmittal or communication by you and may disclose this information if reasonably necessary to comply with legal process, enforce these terms of use, or protect the rights, property, and safety of Western Chances and related parties.
Violation of these terms of use may lead to terminating your access to the site and Western Chances may seek remedies that are available at law or in equity.
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TRANSFER AND CHOICE OF LAW
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Waiver
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No provision of this agreement can be waived except in writing by an authorized Western Chances representative. No waiver shall be deemed a waiver of any preceding or subsequent breech.
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Delegation and assignment
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You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without Western Chances' prior written consent.
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Applicable Law
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This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue.
Both parties agree to resolve any dispute promptly and in good faith. Where we are unable to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, then the parties may pursue any remedy available to them under Victorian law.
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CONTACT DETAILS
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If you have any questions, comments, or concerns about these terms of use or the information practices of this website, please contact us. Contact details are available on the Contact page.
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This terms of use were last updated on May 16, 2005.
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