Companions is a service operated by Jazoo Media Pty Ltd (ABN 70 121 747 993) ("Jazoo Media", "we" or "us") that allows adults to meet and communicate online.
The services offered by Jazoo Media include the Companions.com.au website (the "Website") and any other features, content, or applications offered from time to time by Jazoo Media in connection with the Website (collectively, the "Services").
4. Right to Use
- Your right to use the Services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and aspects of the Services without notice or liability.
- We reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
- While we endeavour to ensure that the Services are normally available 24 hours a day, we do not guarantee that they will be uninterrupted or error free.
You may not register as a Member if:
- your use of the Services violates any applicable law or regulation;
- you have ever been convicted of a violent or sexually related criminal offence;
- you are married and intend to use the Services to seek intimate relations;
- you are already a Member with an active account;
- you have previously been banned from using the Services or any similar service offered by a third party; or
- you are directly or indirectly involved in the operations of a service that competes with the Services.
6. User Conduct & Responsibility
- You are solely responsible for any and all use of your account, whether or not authorised by you.
- You will not permit any person(s) under the age of 18 to have access to any of the material posted on or through the Services.
- You are responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.
You will not upload, post, email, transmit or otherwise make available:
- any material that is harmful, threatening, abusive, harassing, excessively violent, tortious, defamatory, offensive, lewd, vulgar, obscene, indecent, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- any material that contains offensive language, nudity, pornography or sexually explicit content (including photographs);
- any material that is unlawful or promotes any criminal activity;
- any material that includes a photograph of another person without that person's consent;
- any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- any "junk mail", "chain letters", unsolicited or unauthorised advertising, promotional materials, or any other form of solicitation that could be considered as "spam"; or
- any material that contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not knowingly post false information in your profile. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
- You will not include any identifying information in your profile, including, but not limited to, your real name, phone number, postal address, email address, instant messaging ID or any URL.
- You will not use the Services for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars or badges for use on external websites.
- You will not impersonate any person or entity, including, but not limited to, a Website administrator, forum moderator, or customer service representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You will not express or imply that any statements you make are endorsed by Jazoo Media without our specific prior written consent.
- You will keep all information provided to you through the Services as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
- You will not abuse, harass, stalk, threaten, impersonate or intimidate other users.
- You will not collect or store personal data about other users.
- You will not interfere with or disrupt the Services, servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of the Services or cause others to do so.
- You will not use the Services in a manner inconsistent with any and all applicable laws and regulations.
7. Copyright, Trademarks & Proprietary Rights
- By displaying or publishing any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant Jazoo Media, its affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform or display such Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such Content. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Services.
- The Services contain Content of Jazoo Media ("Jazoo Content"). The Jazoo Content is protected by copyright under common law, by the laws of Australia and by foreign laws, and Jazoo Media owns and retains all rights in the Jazoo Content and the Services. Jazoo Media hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Jazoo Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Unauthorised use of the Jazoo Content may violate copyright, trademark, and other laws.
- The Services contain Content of Users and other Jazoo Media licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
8. Content Posted
- You are solely responsible for the Content that you post on or through the Services, any material or information that you transmit to other Members, and for your interactions with other users.
- We do not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Content posted by users on or through the Services and do not endorse any opinions which may be expressed by any user. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of Jazoo Media. You understand and agree that any reliance on Content posted by other users will be at your own risk.
9. Links to Other Websites
The Services contain links to third party websites and other resources. You acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by us of the content, advertising or business practices (including the privacy policies) of such third party websites. We do not make any representations regarding the content, truthfulness or accuracy of any content or materials on such third party websites. You also acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you agree that you do so at your own risk.
10. Non-commercial Use
WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR THROUGH THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILISED IN THE OPERATION OF THE SERVICES.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICES, ANY CONTENT POSTED ON OR THROUGH THE SERVICES OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE SERVICES, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICES, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICES. THE SERVICES ARE PROVIDED "AS-IS" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13. Limitations on Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
You agree to defend, indemnify, and hold Jazoo Media, its affiliates, officers, agents, directors, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including the full amount of legal costs, arising out of or relating to:
- your use of the Services (including any Content posted by you on or through the Services);
- your communications with or behaviour towards other Members or users;
- any death, personal injury or damage to property you may cause;
- any action by you that causes Jazoo Media to be liable to another;
- any breach of your representations and warranties set forth above.
15. Resolution of Disputes
You agree not to (i) involve, or attempt to involve, Jazoo Media in any dispute or in the resolution of disputes that arise between you and another Member or user as a result of your use of the Services, and (ii) not to use the Services to engage in or attempt to resolve the dispute.
16. Governing Law