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 | When using the Manningham YMCA website (the "Site") and services (the "services"), you agree to the terms and conditions listed on this page (the "terms of service") which may be updated by us from time to time. The Manningham YMCA reserves the right to modify or terminate the Services, at its discretion, without notice and without liability to you or any other user or third party. If you do not agree to be bound by these terms, please do not use the Site.
Permitted Use
You are only authorised to view and to retain a copy of pages of this site for your own personal use whilst visiting the Site. Unless otherwise agreed with the Manningham YMCA, you may not duplicate, publish, modify or otherwise distribute the material on this site.
Links
The Manningham YMCA does not endorse the content of any third party site, nor can we warrant that they will not contain viruses or otherwise impact your computer. By using the site to search for or link to another site, you agree and understand that you may not make any claim against the Manningham YMCA for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. The Manningham YMCA encourages all users to exercise their own discretion in using the services. If you have a problem with a link from the site, please contact us and we will investigate the link and take appropriate action.
User Contributions to the site
There are many opportunities for you to contribute to the Site. These include, among others, uploading photos, articles, links, or other materials, which collectively, we call "content" to the Site. The Manningham YMCA is not liable or responsible for any content provided by its user or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of the Manningham YMCA. If you post any original content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the Site, you give us the royalty-free, irrevocable, perpetual, worldwide right to use, or allow others to use, distribute, reproduce or otherwise use the content in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. The Manningham YMCA is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the terms. We urge all users to maintain their own back up versions of any content they submit to the site.
Privacy
We believe that your privacy and the privacy of all our users is important. Please review our privacy policy. If you are 12 or under you should not post information about yourself without the permission of a parent or guardian.
Disclaimer of Warranties
The Manningham YMCA does not claim that the site will be error free,
un-interrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The Manningham YMCA does not and cannot guarantee that links associated with the index will be accurate or active at the time of search. The site and its contents are delivered on an "as is" basis. The Manningham YMCA cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. The Manningham YMCA disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. The Manningham YMCA will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive and consequential damages.
To the fullest extent permitted by law, the Manningham YMCA disclaims all representations and warranties (express, implied, statutory or otherwise) including, without limitations, the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights.
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| Under no circumstances will the Manningham YMCA, its parent or subsidiaries, any of the companies it is affiliated with, or any of its content providers be liable to you (or any third party making claims through you) for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the Manningham YMCA services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Manningham YMCA's services, resulting from loss of, unauthorised access to or alteration of a users transmission or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if the Manningham YMCA had been advised of the possibility of such damages.
Indemnity and release
You understand that you are personally responsible for your behaviour whilst on site, and agree to hold harmless and indemnify the Manningham YMCA and its parent, subsidiaries, affiliates, and their officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any king that we may incur in connection with a third party claim or otherwise, in relation to your use of the site. This includes, without limitation, an infringement by the user or any other user of its account, of any intellectual property rights of a person or an entity and also your use of the site to provide to another site or to upload content or other information to the site.
Intellectual property
This Site is Copyright 2004 the Manningham YMCA. All rights reserved. Nothing on this site, or use of Services, will be construed as conferring any license or other rights under the intellectual property or other proprietary rights of the Manningham YMCA, its parent or subsidiaries, affiliates or other third party.
Waiver of Legal Right
If a user breaches any of these terms and conditions of use, and the Manningham YMCA has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of the Manningham YMCA's legal rights. Any waiver of any provision of these terms and conditions of use will only be effective if it is in writing and signed by the Manningham YMCA.
Governing Law
Unless expressly stated to the contrary, these terms and conditions of use and the services offered by the Manningham YMCA are governed by the laws of Victoria, Australia. The user consents to the exclusive jurisdiction of Victorian courts regarding any disputes that arise in connection with these terms of service or the site and services. These terms and conditions of use constitute the entire agreement between the Manningham YMCA and the user. |
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