TERMS OF SERVICE|
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the militaryfocus.com domain name ("We", "Us", "Our", "The Website"), you signify your agreement to;
(1) these terms and conditions (the "Terms of Service"),
B. We reserve the right to amend these Terms of Service at any time. It is your responsibility to either periodically review these Terms of Service for any such modifications. Each modification to these Terms of Service shall become effective immediately. Your continued use of the Website after the modification of these Terms of Service becomes effective signifies your assent to and acceptance of the amended terms and provisions.
2. The Website
3. Usage : Permissions and Restrictions
We hereby grant you permission to access and make personal use of the Website as set forth in these Terms of Service, but not to download or modify the Website or any portion of the Website except with express written consent, provided that:
B. You shall not use or launch any automated system, including without limitation "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the militaryfocus.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, except as expressly permitted by us. You agree not to collect or harvest any personally identifiable information, including but not limited to account names, from the Website. You agree not to use the communication systems provided by the Website for any commercial solicitation purposes.
C. You shall not alter or modify any part of the Website, including but not limited to the Website's extensions or any of its related technologies, except as expressly permitted by us.
D. You shall not use the Website for any commercial purposes without the prior written authorization of militaryfocus.com. Prohibited commercial uses include without limitation any of the following actions taken without our express written approval: (i) sale of access to the Website or its related services, such as any website extensions; (ii) use of the Website or its related services, such as any website extensions, for the primary purpose of gaining advertising or subscription revenue; (iii) the sale of advertising, on the militaryfocus.com website or any third-party website, targeted to the content militaryfocus.com; and (iv) any use of the Website that militaryfocus.com finds, in its sole discretion, to use militaryfocus.com's resources with the effect of competing with or displacing the market for militaryfocus.com or our content.
E. You shall not circumvent, disable, or otherwise interfere with security-related features of militaryfocus.com or features that prevent or restrict use or copying or enforce limitations on use of militaryfocus.com.
F. You shall not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or forms) of militaryfocus.com without express written consent. You shall not use meta tags or any other hidden text utilizing our name or trademarks without express written consent.
G. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any militaryfocus.com server, or network connected to those servers, or interfere with any other party's use and enjoyment of any Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any server or to any of the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
H. Permission to use Documents ("Documents") from the Website is granted, provided that;
(1) the copyright notice appears in all copies,
(2) use of such Documents from the Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made.
4. User Access Termination Policy
We may terminate a user's access to the Website if the user is determined, in our sole discretion, to have infringed these Terms of Service.
5. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent designated below with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent of militaryfocus.com for receipt of notifications of claimed infringement is: Ross Stopford; e-mail at: Contact Us. You acknowledge that if you fail to comply with all of the above requirements, your DMCA Takedown Request may not be valid.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. MILITARYFOCUS.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MILITARYFOCUS.COM, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO THE CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MILITARYFOCUS.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE 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.
7. Limitation of Liability
A. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MILITARYFOCUS.COM, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) USE OR INABILITY TO USE MILITARYFOCUS.COM, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON MILITARYFOCUS.COM, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE; (2) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO INFORMATION AVAILABLE ON MILITARYFOCUS.COM, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (7) 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, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MILITARYFOCUS.COM 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 MILITARYFOCUS.COM 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.
B. The Website is offered by militaryfocus.com from its facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
A. You agree to defend, indemnify, and hold harmless militaryfocus.com, and its owners, operators, officers, directors, employees, affiliates, assigns, and agents, from and against any and all actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising from or in connection with: (i) your use of and access to the Website; (ii) your violation of any term or provision of these Terms of Service; (iii) your failure to abide by applicable local, state, federal, and international law; (iv) your violation of any third party right, including witho8 limitation any copyright, trademark, property, or privacy right; (v) any claim that one of your User Submissions caused damage to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms of Service. This defense and indemnification obligation survives these Terms of Service and your use of the Website.
B. You hereby release and waive any and all claims, liability, and causes of action against militaryfocus.com arising from or in connection with your use of the Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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. You affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age then you are not permitted to use the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by militaryfocus.com without restriction.
11. Governing Law and Venue
A. The laws of the Australian Capital Territory, Australia govern all matters arising out of or relating to these Terms of Service, without giving effect to conflicts of law principles thereof.
B. You submit to the exclusive jurisdiction of the state and federal courts of Australia for resolving any claim or dispute arising out of or relating to these Terms of Service.
C. You agree that: (i) the Website shall be deemed solely based in the Australian Capital Territory, Australia; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over militaryfocus.com, either specific or general, in jurisdictions other than Australia.
12. Entire Agreement
No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any term or provision of these Terms of Service is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.
15. Prohibition Against Rogue Programming
You shall not upload, post, transmit, or otherwise make available in any way through the Website any software or other materials that contain a computer virus, Trojan horse, bug, time bomb, worm, or other rogue programming ("Rogue Programming"). We have no obligation to detect the presence of any Rogue Programming. Any download of software, files, or other materials or any other use of the content on militaryfocus.com is at your risk. You are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
A. The captions contained herein are for reference purposes only and are not part of this agreement.
B. Militaryfocus.com reserves the right to discontinue any aspect of the Website at any time.
C. Militaryfocus.com, graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of militaryfocus.com. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written approval of militaryfocus.com, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits militaryfocus.com. All other trademarks not owned by militaryfocus.com that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Unless otherwise specified, all software used on this site is the property of militaryfocus.com and is protected by Australian and international copyright laws.
D. Militaryfocus.com reserves all rights not expressly granted herein.
E. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
F. Nothing in the Terms of Service shall be deemed to confer any third party rights or benefits.