1. INTRODUCTION
1.1 Introduction.
The technology for this web-based community newspaper production system
is provided by Wordzine Pty Ltd - ACN- 117 238 105 ("Wordzine")
and is furnished "as is" under this Agreement. Ezyzine ("Ezyzine")
is the official name of the web-based community newspaper production
system and is owned by Wordzine. You must read this Agreement and agree
to its terms before you may create an account for and use Ezyzine.
1.2 Modification of This License Agreement
Wordzine reserves the right to change this License Agreement, and any
Additional Terms at anytime, effective upon making the modified provisions
available on the Ezyzine web site. You are responsible for regularly
reviewing these terms and conditions. Continued use of Ezyzine after
any such changes shall constitute your consent to such changes. Wordzine
does not and will not assume any obligation to notify you of any changes
to the Terms of Use and Notices, or Additional Terms.
2. LICENSE
2.1 License.
Wordzine grants you a non-exclusive, nontransferable license to create
an account for and use Ezyzine for your individual use or organization
in accordance with the terms of this Agreement. The information provided
on this web site regarding Features, Privacy Policy, and Anti-Spam Policy
is incorporated herein by reference.
2.2 Ownership.
Ezyzine and any associated Documentation are and shall remain the sole
and exclusive property of Wordzine, and is copyrighted and licensed,
not sold.
2.3 Copyright.
Ezyzine and the Documentation, which includes the Privacy Policy provided
with Ezyzine, contain material that is protected by Australian Copyright
Law and trade secret law, and by international treaty provisions. All
rights not granted to you herein are expressly reserved by Wordzine.
You may not remove any proprietary notice of Wordzine from any copy
of the web site or the Documentation.
Creation and submission
of content to Ezyzine is at your own risk. Wordzine reserves the right
to edit, add, delete and change the content at anytime. Wordzine reserves
the right to reject any content or images submitted to Ezyzine at anytime
without reason or explanation. Wordzine reserves the right to make content
submitted by you to Ezyzine available for use online at www.ezyzine.com and in print for publishers
who are registered users with Ezyzine. Submission of content to Ezyzine
by you waives your right to copyright over that content.
Usage of user generated content on Ezyzine is allowed providing, 1)
that the source of the material as Wordzine, 2) It may not be supplied
to any third party for commercial gain, and 3) you accept all risks
from downloading, installing or using the material.
2.4 Restrictions.
You may not: 1) use or copy Ezyzine, or the Documentation except as
provided in this Agreement; 2) modify or merge Ezyzine or the Documentation;
3) remove, obliterate, or cancel from view any copyright, trademark,
confidentiality or other proprietary notice, mark, or legend appearing
on Ezyzine or the Documentation; 4) reverse engineer, decompile, translate,
adapt, or dissemble Ezyzine, nor shall you attempt to create the source
code from the object code for Ezyzine; or 5) sublicense or assign the
license for Ezyzine or the Documentation.
You may not use Ezyzine
to:
a. post messages that harass, embarrass, defame, abuse, threaten, are
libelous or slanderous, or otherwise violate the legal rights of any
individual, group, or organization;
b. post messages that contain or link to pornographic or sexually explicit
content, racially or ethnically objectionable content, content that
directly or indirectly promotes the use of any illegal substances, content
that violates laws or regulations designed to protect minors, or other
content deemed to be offensive or inappropriate by Wordzine;
c. post content that contains copyrighted material, including text,
graphics (including trademarked material) or other material protected
by intellectual property law, for which you do not have authorization
to reproduce, publish, or otherwise distribute;
d. promote illegal activities such as starting or forwarding chain letters,
illegal contests or promotions, or any other activity that is illegal;
e. impersonate, use the name of (without expressed permission), or misrepresent
any individual, group, or organization;
f. violate any applicable governmental laws or regulations or perform
any activity that would cause Wordzine to violate any law, statute or
regulation.
2.5 Confidentiality.
You acknowledge that Ezyzine contains valuable trade secrets of Wordzine
and you agree to maintain the confidentiality of Wordzine using at least
the same degree of care you use with your own confidential information.
2.6 Enforcement.
You acknowledge that upon your breach of Sections 2.3 or 2.4, Wordzine
shall be entitled to equitable relief to protect its interests, including
preliminary and permanent injunctive relief and you further agree to
waive any right or claim to which you may be entitled to immunity or
exemption from liability. Wordzine may also seek damages as a result
of such breach.
2.7 Terms.
This Agreement is effective from the date you create an account on Ezyzine
and shall continue for an indefinite period of time unless or until
the account is terminated either by you or by Wordzine. Wordzine MAY
CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON
TERMINATION OF THIS LICENSE. YOU WILL NOT TAMPER WITH THIS DISABLING
DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS
OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. Wordzine
may terminate this Agreement immediately if: i) you fail to comply with
the terms of this Agreement, ii) your account is dormant for a period
of 90 consecutive days, or iii) the Ezyzine service is discontinued.
If we do so, you must immediately stop using Ezyzine and associated
Documentation, including sample documents provided within Ezyzine, and
all copies you made of them.
2.8. Risks.
Ezyzine may have errors and may produce unexpected results. You agree
that any use of Ezyzine will be entirely at your own risk. You agree
to backup data and take other appropriate measures to protect programs
and data. You may not allow a third party to use your Ezyzine account
and agree to indemnify and hold Wordzine harmless from any damages or
claims arising from such use by any third party.
3. DISCLAIMER OF WARRANTIES AND REMEDIES
3.1 Disclaimer of Warranty.
EZYZINE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED
BY LAW, WORDZINE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WORDZINE DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN EZYZINE WILL MEET ANY REQUIREMENTS
OR NEEDS YOU MAY HAVE, OR THAT EZYZINE WILL OPERATE ERROR FREE, OR IN
AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN EZYZINE WILL
BE CORRECTED, OR THAT EZYZINE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
3.2 Limitations of Liability.
IN NO EVENT WILL WORDZINE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE
USE OF OR INABILITY TO USE EZYZINE, OR FOR ANY CLAIM BY ANY OTHER PARTY,
EVEN IF WORDZINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 Indemnification
You, at your own expense, will indemnify, defend and hold harmless Wordzine,
its Affiliates and their employees, representatives, agents and affiliates,
against any claim, suit, action, or other proceeding brought against
Wordzine or an Affiliate based on or arising from a claim that any content
or material you or your organization distributed using Wordzine or any
use of Wordzine by you or your organization that violates any of the
Restrictions or Terms, such as violation of the Privacy Policy or using
Wordzine to send Spam, as set forth in this Agreement infringes in any
manner any Intellectual Property Right of any third party or contains
any material or information that is obscene, defamatory, libelous, slanderous,
that violates any person's right of publicity, privacy or personality,
or has otherwise resulted in any tort, injury, damage or harm to any
person; provided, however, that in any such case: (i) Wordzine provides
you with prompt notice of any such claim; (ii) Wordzine permits you
to assume and control the defense of such action, with counsel chosen
by you (who shall be reasonably acceptable to Wordzine); and (iii) you
do not enter into any settlement or compromise of any such claim without
Wordzine' prior written consent, which consent shall not be unreasonably
withheld. You agree to pay any and all costs, damages, and expenses,
including, but not limited to, reasonable attorneys' fees and costs
awarded against or otherwise incurred by Wordzine or an Affiliate in
connection with or arising from any such claim, suit, action or proceeding.
It is understood and agreed that Wordzine does not intend and will not
be required to edit or review for accuracy or appropriateness any content
or material that you or organization distribute using Ezyzine.
4.0 GENERAL
4.1. Rights in Data.
You hereby assign to Wordzine all right, title, and interest (including
ownership of copyright) in any suggestions or comments related to your
use of Ezyzine or the Documentation you provide to Wordzine. If Wordzine
requires it, you will sign an appropriate document to assign such rights.
4.2. Records.
You will ensure that anyone in your organization or affiliated entities
who uses Ezyzine (accessed either locally or remotely) does so only
for your authorized use and complies with the terms of this Agreement.
4.3. Technical Support.
Wordzine will not provide program services or technical support except
as indicated on the Features list, which may change at any time.
5. MISCELLANEOUS
5.1 Miscellaneous.
This license and the rights granted under this Agreement may not be
transferred or assigned by you or your company. The validity, interpretation,
construction and performance of this Agreement shall be governed by
the laws of the State of New South Wales ("NSW"), Australia
without regard to its principles of conflict of laws. The parties consent
to the jurisdiction of the courts of the NSW and the federal courts
located within the NSW, and any disputes shall be litigated solely in
those courts. If any clause, sentence or other provision of this Agreement
is held to be illegal, invalid or unenforceable, the remaining clause,
sentence, or other provisions shall remain in full force and effect.
Neither of the parties shall be liable for failures due to causes beyond
their control, including, but not limited to, acts of God, acts of government,
fire, flood, strikes, or acts or omissions of carriers. You warrant
that you will comply with all applicable laws and regulations that relate
to the performance of this Agreement.
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS,
OR OTHER RESTRICTIONS ON THE EXPORT FROM AUSTRALIA OF EZYZINE OR INFORMATION
ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT
OF AUSTRALIA. YOU SHALL NOT EXPORT EZYZINE, THE DOCUMENTATION, OR INFORMATION
ABOUT EZYZINE, AND THE DOCUMENTATION WITHOUT CONSENT OF WORDZINE AND
COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
Any waiver by either party of any default or breach hereunder shall
not constitute a waiver of any provision of this Agreement or of any
subsequent default or breach of the same or a different kind. This Agreement
constitutes the entire Agreement, supersedes all prior agreements, and
changes are only effective when in writing and signed by both parties.
