Terms of Use

Welcome to the www.200sx.org network of websites ("200sx.org Network") which contains websites owned, controlled and/or operated by Christopher F. Moran ("The Owner"). These include www.200sx.org, www.emergent.com.au (including both the publicly available and members-only areas), and associated sites.

The following are the general terms and conditions which govern your use of the websites within the 200sx.org Network. Additional terms and conditions governing your use as well as notices and disclaimers may apply to particular areas of the 200sx.org Network or to particular features or transactions (Additional Terms). These general terms and conditions together with such Additional Terms where applicable, are referred to as the Terms of Use.

Your use of and/or continued use of the 200sx.org Network will make these general terms and conditions into a binding contract between you and The Owner. By using areas of the 200sx.org Network where Additional Terms are posted, you express your agreement to be bound by those Additional Terms. If you do not want to be bound by these general terms and conditions do not use the 200sx.org Network. If you do not want to be bound by any Additional Terms applicable to particular areas of the 200sx.org Network, do not use those areas.

The Owner reserves the right to amend the Terms of Use at any time at its sole discretion. Any changes will be published in this web document. Your use of the 200sx.org Network will be subject to the most current version of the Terms and Conditions.

If you become aware of misuse of the 200sx.org Network by any person, please contact the Network Administrator with your concerns at webmaster@200sx.org.

Content

All of the content featured or displayed on the 200sx.org Network including, but not limited to, information, text, material, graphics, logos, photographs, audio and video material and stills from audiovisual material, software and advertisements (Content) is owned by The Owner, or other third parties and is protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, duplicate, republish,redisseminate, frame, upload to a third party, post, transmit or distribute (including by way of email, facsimile or other electronic means), translate, adapt, alter, decompile, disassemble, reverse engineer or create any derivative work of the Content in any way except as may be expressly provided for on the relevant 200sx.org Network Website, or expressly authorised in writing by The Owner.

This means you are strictly prohibited from creating works or materials that derive from or are based on the Content including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Strictly on the condition that you keep all Content intact and in the same form as presented on the 200sx.org Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Links

The 200sx.org Network contains links to other websites outside the 200sx.org Network for your information and convenience and the inclusion of a link does not imply endorsement, investigation or verification by The Owner of the linked websites. The Owner makes no warranty or representation and you acknowledge that The Owner is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites. You access any such websites entirely at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

In using the 200sx.org Network you agree:

1. not to disrupt or interfere with any other user's enjoyment of the 200sx.org Network;
2. not to disrupt or interfere with the security of or otherwise cause harm to the 200sx.org Network; and
3. not to collect or harvest personal information, including email internet addresses about 200sx.org Network users.

Products and Services

You may be able to purchase products or subscribe to certain services through the 200sx.org Network. These transactions will be governed by additional terms and conditions which will be brought to your attention at the time you attempt to purchase a product or subscribe to a service. You must read these additional terms and conditions. You will be asked to either "accept" or "decline" these additional terms and conditions. If you do not accept the additional terms and conditions you will not be able to proceed with the applicable purchase or subscribe to the applicable service, as the case may be.

Communication Forums

Messages Posted to Forums

The 200sx.org Network contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to the 200sx.org Network, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (Forums). Your use of the Forums is subject to these Terms of Use and our Guidelines, as they are presented to you when you enter a Forum.

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication) (collectively Messages) to the Forums. However, The Owner accepts no responsibility whatsoever in connection with or arising from such Messages.

The Owner does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by The Owner prior to posting and do not necessarily reflect the opinions or policies of The Owner. The Owner makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless The Owner reserves the right to prevent you from submitting Messages to Forums and to edit, restrict or remove such Messages for any reason at any time.

The Owner assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time The Owner chooses, in its sole discretion, to monitor the Forums, The Owner nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that The Owner accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Website to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Website by any other person.

You agree that you will not submit Messages to Forums that:

• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication or material that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to The Owner that you are the rightful owner of such material or that you have first obtained permission from the rightful owner to submit the material;
• improperly assume or claim the identity, characteristics or qualifications of another person;
• are for purposes of spamming;
• contain any virus or other harmful component;
• are libellous, or an invasion of privacy or publicity rights or any other third party rights; or
• are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

Intellectual Property in Messages

By placing a Message on a Forum, you grant to The Owner a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (Licence) to do the following in respect of the information or material:

• use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The Licence also includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. By your acceptance of these Terms of Use, you expressly waive in favour of The Owner and any other party authorised by The Owner all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of The Owner, you will execute and deliver to The Owner such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Liability for Use of Forums

You agree to release The Owner, its Associated Companies and affiliates together with their employees, agents, officers, directors and shareholders, from any and all liabilities and obligations whatsoever in connection with or arising from your use of Forums.

You agree to indemnify The Owner against any loss, claim, damage or action that The Owner may suffer or incur as a result of any Message submitted by you.

If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

You expressly acknowledge and agree that the Forums provide a means of public and not private communications.

The Owner reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Unsolicited Submissions

The Owner does not actively monitor, use or access unsolicited submissions including, without limitation, submissions of photographs, articles, drawings, information, suggestions, ideas or concepts for use by The Owner. Therefore, any similarity between an unsolicited submission and any elements in any creative work of The Owner or one of our Associated Companies including, without limitation, a product, book, document, title or concept would be purely coincidental.

If unsolicited submissions are sent to The Owner via the 200sx.org Network, however, these submissions become the property of The Owner and may be used, copied, assigned, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as we see fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against The Owner, its Associated Companies or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Commissions

You acknowledge and agree that The Owner may receive a commission or fee from a third party (including the operator of an 200sx.org Network website or an advertiser on an 200sx.org Network website) in relation to revenue earned by that third party from your use of the 200sx.org Network (including any purchases you make or initiate through the 200sx.org Network).

Advertising and e-commerce offers

The 200sx.org Network contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. Some external third party websites may be co-branded by The Owner, displayed within the 200sx.org Network frames, include Content or include reciprocal links to the 200sx.org Network. These features are provided for your convenience. If you use any such embedded hyperlinks or referral buttons, you take sole responsibility for the use of the external website.

All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by the relevant 200sx.org Network Member website, or its respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by The Owner or the relevant Network Member, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Any product information or prices listed in websites in the 200sx.org Network which are not specifically related to The Owner products or services are the responsibility of the relevant retailer and are accurate at the time the retailer notifies The Owner and/or the operator of that website. Such product information and prices are subject to change without notice by the retailer. The Owner is not liable, and accordingly takes no responsibility, for the product information or prices or for changes to such information or prices, including where price changes have not been reflected on these websites.

Disclaimer and limitation of liability

While The Owner does its best to ensure the optimal performance of the The Owner Network, you agree that you use the 200sx.org Network and rely on material contained in the 200sx.org Network at your own risk. The Owner may, from time to time, change or add to the 200sx.org Network without notice. However, The Owner does not undertake to keep the 200sx.org Network updated. The Owner will not be liable to you or anyone else if errors occur in the information on the 200sx.org Network or if that information is not kept up to date.

Where any applicable legislation implies any term, condition or warranty into these Terms of Use or into The Owner's relationship with you or otherwise gives you a particular remedy against The Owner (Implied Terms) and that legislation or any other legislation prevents the operation of provisions excluding or modifying the application of the Implied Terms, then the Implied Terms will be deemed to be included in these Terms of Use. However, The Owner's liability for any breach of an Implied Term will be limited, to the extent permitted by law, at The Owner's option, to the following:

• in the case of services supplied or offered through the 200sx.org Network, the supply of the services again, or the payment of the cost of having services supplied again; or
• in the case of goods supplied or offered through the 200sx.org Network, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Except to the extent that the Implied Terms are included in the Terms of Use, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating in any way to the 200sx.org Network are excluded.

Subject to the Implied Terms:

• The Owner DOES NOT WARRANT that the 200sx.org Network is fit for any particular purpose; that the functions contained in the materials in the 200sx.org Network will be uninterrupted; that defects will be corrected; that the 200sx.org Network is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
• You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the 200sx.org Network.
• You acknowledge that The Owner and Associated Companies together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or network.
• You acknowledge that The Owner is not liable for any defamatory, offensive or illegal conduct or material found in connection with the 200sx.org Network, including such conduct or material transmitted by any means by any other person.
• You acknowledge that The Owner is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the 200sx.org Network.

You expressly acknowledge and agree that The Owner does not exert control over users of the 200sx.org Network (including individuals referred to on the 200sx.org Network as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

You agree to indemnify and hold harmless The Owner and our employees, contractors, officers and directors, from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the 200sx.org Network.

The Terms of Use are effective until terminated by The Owner. The Owner may terminate this agreement and your access to the 200sx.org Network at any time without notice. In the event of termination, you are no longer authorised to access the The Owner Network, but all restrictions imposed on you, licenses and waivers granted by you and all The Owner disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.

General

Jurisdiction

These Terms of Use are governed by the laws in force on the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the 200sx.org Network.

If you are unsure of your rights under these Terms of Use, contact us by email at webmaster@200sx.org