Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the onsiteupdate.com domain name, the "OnSiteUpdate Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF ONSITEUPDATE'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.onsiteupdate.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the OnSiteUpdate Website.
2. OnSiteUpdate Website
These Terms of Service apply to all users of the OnSiteUpdate Website, including users who are also contributors of video & picture content, information, and other materials or services on the Website. The OnSiteUpdate Website may contain links to third party websites that are not owned or controlled by OnSiteUpdate. OnSiteUpdate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OnSiteUpdate will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve OnSiteUpdate from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the OnSiteUpdate Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Description of service authorized access
OnSiteUpdate is a rich content website intended to facilitate communication between property developers and property purchasers both groups and all their affiliates known as “users”. You may use OnSiteUpdate only with the express written permission of OnSiteUpdate. At times suppliers of OnSiteUpdate will use the OnSiteUpdate website, such users are also to be bound by the Terms of Use.
4. Website Access
A. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account. Accounts are provided at the complete descression of OnSiteUpdate and OnSiteUpdate reserves the right to remove accounts at any time without notice. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify OnSiteUpdate immediately of any breach of security or unauthorized use of your account. Although OnSiteUpdate will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OnSiteUpdate or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the OnSiteUpdate servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
5. Intellectual Property Rights
The content on the OnSiteUpdate Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OnSiteUpdate, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OnSiteUpdate reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the OnSiteUpdate Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the OnSiteUpdate Website or the Content therein.
6. User Submissions
A. The OnSiteUpdate Website may now or in the future permit the submission of pictures, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, OnSiteUpdate does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize OnSiteUpdate to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to OnSiteUpdate, you hereby grant OnSiteUpdate a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the OnSiteUpdate Website and OnSiteUpdate's (and its successor's) business, including without limitation for promoting and redistributing part or all of the OnSiteUpdate Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the OnSiteUpdate Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the OnSiteUpdate Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OnSiteUpdate all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage OnSiteUpdate or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. OnSiteUpdate does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and OnSiteUpdate expressly disclaims any and all liability in connection with User Submissions. OnSiteUpdate does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OnSiteUpdate will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. OnSiteUpdate reserves the right to remove Content and User Submissions without prior notice. OnSiteUpdate will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. OnSiteUpdate also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. OnSiteUpdate may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the OnSiteUpdate Website, you will be exposed to User Submissions from a variety of sources, and that OnSiteUpdate is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OnSiteUpdate with respect thereto, and agree to indemnify and hold OnSiteUpdate, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ONSITEUPDATE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONSITEUPDATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ONSITEUPDATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONSITEUPDATE WEBSITE. ONSITEUPDATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONSITEUPDATE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ONSITEUPDATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL ONSITEUPDATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONSITEUPDATE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ONSITEUPDATE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by OnSiteUpdate from its facilities in Australia. OnSiteUpdate makes no representations that the OnSiteUpdate Website is appropriate or available for use in other locations. Those who access or use the OnSiteUpdate Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless OnSiteUpdate, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the OnSiteUpdate Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the OnSiteUpdate Website.
10. No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, excluding the express purpose as defined by the Terms of Use, any portion of the service, use of service or access to the service.
11. Dealings with Advertisers:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OnSiteUpdate shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
12. Ability to Accept Terms of Service
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OnSiteUpdate without restriction.
14. General
You agree that: (i) the OnSiteUpdate Website shall be deemed solely based in Victoria Australia; and (ii) the OnSiteUpdate Website shall be deemed a passive website that does not give rise to personal jurisdiction over OnSiteUpdate, either specific or general, in jurisdictions other than Victoria Australia. These Terms of Service shall be governed by the internal substantive laws of the State of Victoria, without respect to its conflict of laws principles. Any claim or dispute between you and OnSiteUpdate that arises in whole or in part from the OnSiteUpdate Website shall be decided exclusively by a court of competent jurisdiction located in Melbourne, Victoria Australia. These Terms of Service, together with the Privacy Notice at http://www. onsiteupdate.com/privacy and any other legal notices published by OnSiteUpdate on the Website, shall constitute the entire agreement between you and OnSiteUpdate concerning the OnSiteUpdate Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OnSiteUpdate's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OnSiteUpdate reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the OnSiteUpdate Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ONSITEUPDATE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ONSITEUPDATE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.