Terms and Conditions of Use Agreement for Business Continuity Planning
PLEASE READ! WWW.BCP-AU and www.BUSINESS CONTINUITY PLANNING.COM.AU REQUIRES THAT THE FOLLOWING TERMS AND CONDITIONS REQUIRE CONSIDERATION AS A CONDITION OF ALLOWING YOU ACCESS TO THIS SITE AND SERVICES PROVIDED FROM THIS WEBSITE.
Reading and accepting the Terms and Conditions of Use Agreement and reading and accepting the provisions of the Privacy Policy of this website are required considerations for the website granting you the right to visit, read, resell, transact, process payments for, or interact with it, in any way.
This website (the “Site”) is owned and operated by Business Continuity Planning (“BUSINESS CONTINUITY PLANNING,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Business Continuity Planning. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
By visiting this website, you are acknowledging that all Terms and Conditions of Use have been transmitted to you. Any and all agreements, representations, promises, warranties, actions, or statements by visitors/customers that differ in any way from this agreement shall be given no force or effect.
All persons are denied access to or use of this site unless they read and accept the terms of use and the Privacy Policy.
By viewing, visiting, using, transacting payments on behalf of, or interacting with this website as a reseller, intermediary, affiliate, customer, merchant service provider, publisher, advertiser or any interaction whatsoever you are agreeing to all the provisions of this Terms and Conditions of Use Agreement and the Privacy Policy of this website. This includes any changes to this agreement or additional policies incorporated by reference which website may make in its sole discretion in the future.
All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the Child Online Privacy Act (Copa) Of 1998.
This website reserves the right to deny access to any person or viewer for any reason. Under the terms of the Privacy Policy, which you accept as a condition for viewing, the website is allowed to collect and store data and information for the purpose of exclusion and for many other uses.
INTELLECTUAL PROPERTY RIGHTS
OUR LIMITED LICENSE TO YOU. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
YOUR LICENSE TO US. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, comments, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Business Continuity Planning from their creation. Thus, Business Continuity Planning shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Business Continuity Planning determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Business Continuity Planning all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Business Continuity Planning has the right but not the obligation to use and display any postings or contributions of any kind and that Business Continuity Planning may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
The terms of use agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves informed of changes.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, resellers or customers, collectively referred to herein as “Visitors”, are parties to this agreement. The website and its predecessor websites owners and/or operators are parties to this agreement, herein referred to as “Website.” Visitors understand and acknowledge that this agreement over-rules and supersedes any and all Visitors agreements with Website, including but not limited to Visitors own electronic website terms of use, Privacy Policy or other proposed legally binding agreements located on Visitors website.
This agreement shall govern all parties. In the event of a dispute with Visitor, the Website shall be governed by this agreement and by the applicable default rules and laws which shall be settled in binding arbitration or a court of law in Brisbane, Queensland, Australia. Any and all agreements, representations, promises, warranties, actions, or statements by Visitors or other proposed agreement that differ in any way from the terms of this agreement shall be given no force or effect. All visitors including resellers, intermediary’s, affiliates, joint venture partners, publishers, advertisers, online marketers, and any and all users that visit or access this website, in any way, shall be subject to mutual release and any contracts or agreements are not permitted to be terminated for any cause or reason without mutual written agreement and assent of the website.
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website, you agree with this condition of viewing, and you acknowledge that any unauthorised use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. The Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. The Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorised by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of AU$200,000.00 plus costs and actual damages for violating this provision.