Terms
& Conditions of Service
www.biaustralia.com.au
("the Service") is an online information
and communications service. By accessing or using
the Service, you agree to be bound by the terms
and conditions set forth below. If you do not wish
to be bound by these terms and conditions, you may
not access or use the Service. LabMedia, the administrators
of this service, reserves the right to modify this
Agreement at any time and such modifications shall
be effective immediately upon posting of the modified
agreement. You agree to review the Agreement periodically
to be aware of such modifications and your continued
access or use of the Service shall be deemed your
conclusive acceptance of the modified Agreement.
The use of information and links provided on this
site is at your own risk. While care has been taken
to ensure the accuracy of the data and advice, this
is no warranty or representation express or implied
by LabMedia or any other person giving their opinions
and/or advice in respect of the site as to the accuracy,
reliability or uninterrupted use of the site and
they shall not, jointly or severally, be liable
for any loss, injury, damage, costs or expense arising
from any error, omission, interruption, deletion,
defect, delay in operation or transmission, computer
virus, communication line failure, breach of contract,
tort, negligence, defamation, copyright infringement,
breach of intellectual property right or any other
cause of action.
Submitters are solely responsible for their own
submissions, and submitters agree not to include
any content in their submissions that is unlawful,
libellous, defamatory, grossly offensive, dangerous
or false, or any content that is protected by copyright
or other intellectual property right, without first
obtaining permission of the copyright owner or copyright
holder.
The submitter agrees to defend and hold LabMedia
and any other person who give their opinions and/or
advice on the site from and against all claims,
losses, damages, costs and expenses, including legal
fees on an indemnity basis, arising out of the use
of the site.
LabMedia shall have the right, but not the obligation,
to monitor the content on the site, including chat
rooms and forums, and LabMedia shall have the right
to remove or delete any material that LabMedia,
in its sole discretion, finds to be in violation
of any applicable laws, codes, rules or regulations.
LabMedia shall have the right to remove any material
submitted to or posted on the Service. Without limitation
to the foregoing, LabMedia shall have the right
to remove any material that LabMedia, in its sole
discretion, finds to be in violation of the provisions
hereof or otherwise objectionable or inappropriate
without having to assign any reason therefore.
The materials on the site are copyrighted by the
respective copyright holders and may be downloaded
and printed for personal use only. Permission to
print or electronically reproduce any document or
graphic in whole or in part for any reason is expressly
prohibited, unless prior written consent is obtained
from the respective copyright holder(s).
Conditions
of Membership
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You
are over the age of 18 years! |
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Only
one profile is permitted per person. |
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Your
profile will appear on www.biaustralia.com.au
and be accessible to all other members of the
web site. |
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You
can cancel or suspend your profile at any time. |
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You
will not include your contact information (email
addresses, website addresses, phone numbers,
etc.) in your profile. |
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You
will not promote any business or personal web
sites without our prior consent. |
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You
will use your own valid and active email address. |
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Any
photos you upload will be of yourself and/or
of persons who have given their consent for
you to upload their photos to biaustralia.com.au. |
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Any
persons depicted in photos you upload are over
the age of 18 years. |
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You
will not promote or endorse illegal activity. |
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You
will not solicit other members to engage in
illegal activity. |
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You
will not provide, advertise,
promote or sell any product and/or service for
financial gain on the site, or promote any service
that provide such services and/or products. |
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Use
of this web site and the service it provides
is subject to other Terms & Conditions as
presented throughout the web site. |
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You
will not use this service in an unfair and/or
compromising way, against either this service,
the providers of this service or persons using
this service. |
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If
you observe a breach of our Terms and Conditions
of Service, you must report them to the site's
administrators immediately via email at: members@biaustralia.com.au. |
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We
reserve the right to suspend or cancel, without
notice, your profile at anytime should we deem
it inappropriate for this web site. |
Member
Access and User Subscriptions
Access to the web site is via a user subscription,
available as both a free subscription, and a paid
subscription. Free subscription users will have
limited access to some sections of the web site.
Paid subscription users will have full access to
all sections of the web site, subjct to acceptable
use of the service.
Paid
subscription packages are available as 30 day packages,
90 day packages, 12 month packages and as 'Never-Expires'*
packages, at the rates advertised throughout the
web site.
*'Never-Expire'
packages are charged at a discounted 3 year subscription
rate and are valid for a period of 3 years. The
full access subscription then becomes complimentary.
The
same Terms and Conditions of Service apply to all
users of the site, regardless of their subscription
status.
User
Submitted Content Policy
LabMedia, as the providers and administrators of
this Service. ("us", "our" or
"we") provide tools that allow users ("you")
of this web site to interact with other users of
this web site by posting, viewing, commenting on,
or participating in web logs, discussion forums,
chat rooms, digital content sharing, and/or other
such features (collectively, "Community Features"
or "Community"). This Policy for User-Submitted
Content ("Policy") describes the terms
and conditions that are applicable to your use of
the Community Features, including the submission
of any content ("Content") that you provide
to a Community. This Policy applies to any web site
on which said content may be posted, including,
but not limited to, www.biaustralia.com.au ("web
site").
By
submitting content to this web site, you acknowledge
that the Terms and Conditions stated in this policy
apply to your interactions with any web site community
and that good and valuable consideration has been
provided to you. If you do no agree with these Terms
and Conditions, do not submit content to this web
site.
Content
Submissions
All
Content to the Community and the comments or opinions
expressed therein are those of their respective
contributors and do not necessarily represent the
views of LabMedia, its owners, management, or employees.
LabMedia is not responsible and expressly disclaims
all liability for the content of any contribution
submitted by users of the Community. Without limiting
the foregoing, LabMedia will not be held liable
for Content that may infringe a third party’s
copyright, trademark, or other intellectual property
right.
The
nature of some Content may be offensive, harmful,
or inaccurate, and in some cases may be mislabelled
or deceptively labelled. You agree that you are
fully responsible for any Content that you submit
to the Community. Without limiting the foregoing,
LabMedia reserves the right, but is not obligated,
to monitor all submissions and exercise editorial
control over all such submissions, including without
limitation the right to edit, take down or remove
any Content. LabMedia is not responsible for any
failure to monitor, review, edit and/or delete any
Content submitted to the web site through any Community
Feature.
All
Content are deemed to be provided on a non-confidential
basis. If you make a Contribution to a Community,
you understand and agree that we may publish your
Contribution in its entirety, as an edited version,
or not at all, in our sole discretion. We may remove,
alter, or otherwise edit Content that we deem inappropriate
for any reason, in our sole discretion. You bear
all privacy and other risks associated with using
the Community Features of this web site. Accordingly,
you should avoid posting personal information such
as home address or telephone number.
You
understand and agree that your username may be posted
along with your Content. To that extent, you do
not have the same degree of privacy or confidentiality
as you may receive in other areas of the web site.
Content
Ownership and Use
You
should submit all Content in electronic format through
the web site. Any Content submitted to or uploaded
through the web site shall become the property of
LabMedia. We have no obligation to retain any Content
sent to us. While LabMedia may use the Content,
it also has the right to erase, delete, throw away,
dispose of or destroy any Content sent to us in
any format without notice.
LabMedia
will decide in its sole discretion what Content
to use or not use. LabMedia makes no promise or
guarantee that any Content submitted will be used
in any manner. However, if Content is used, you
grant LabMedia (which includes any and all affiliates,
agents, contractors, licensees, sub-licensees, subsidiaries
or any third party who obtains the Content from
LabMedia) a worldwide, in perpetuity, non revocable,
royalty free, assignable, sub-licensable right to
use the Content, in any and all manners as determined
solely by LabMedia. For purposes of illustration
but not limitation, such uses may be for internal
purposes, posting on a web site, and marketing,
advertising, and promotion of products, merchandise,
goods or services in any and all media whether now
known or hereafter invented. You will have no right
of review and will not be paid any additional consideration
or fees as a result of the usage. You hereby warrant
and represent that you have the right to grant this
license on your own behalf and on the behalf of
any person who appears in the Content as well.
Further,
you hereby irrevocably in perpetuity, assign any
and all rights (Intellectual Property and other)
to the Content including copyrights which you or
any third party might hold to LabMedia. You understand
that by the grant of such rights, LabMedia is considered
the owner of all rights in the Content and may do
what it desires with the Content without any further
consent being required from you or any third party.
You warrant and represent that you are the copyright
owner of the Content or have acquired the necessary
rights from the copyright owner to grant this assignment
of right and that the consent of any other person
or entity is not required. Furthermore, by granting
any of the rights set out above, the rights of any
other person or entity are not being violated.
You understand that LabMedia is relying on your
representations and warranties. As such, in the
event of any claim of any kind or law suit or other
action by yourself or any third party taken against
LabMedia, or any third party using the Content with
the permission of LabMedia, based on our or any
such third party’s use of the Content and/or
a claimed breach of the representations and warranties
you make in this Agreement (whether said claim is
true or not or whether said claim is successful
or not), you will be solely responsible for all
costs, damages, judgments and expenses (including
reasonable attorney fees) which LabMedia or any
third party using the Content with LabMedia permission
incurs as a result of such a claim or action.
Privacy
Policy
LabMedia is committed to your privacy. The following
discloses our information gathering and dissemination
practices for this website: www.biaustralia.com.au.
Information is collected when you sign up for a
service that we provide. We may use customer contact
information from the registration form to send the
user information about our company and promotional
material from our carefully selected partners. Users
may opt-out of receiving future communications from
us at any time by contacting us with an opt-out
request. Your contact information and personal data
is never released to our partners or advertisers.
Demographic and profile data collected at our site
is used to tailor the visitor's experience at our
site. By knowing a little about our users, we are
able to deliver more relevant content and advertisements,
and hence a better service, to you. Any demographic
and profile data is disclosed only as aggregated
user statistics (eg. 50% of our users are male)
in order to describe our services to prospective
partners, advertisers, and other third parties,
and for lawful purposes.
We also run contests on our site in which we ask
contestants for their contact information (like
e-mail addresses) and demographic information (like
age). We may use contact data from our contests
to send users information about our company and
promotional material from our carefully selected
partners. Your contact information may also be used
to contact you when necessary, for instance, to
inform you about the procedures for the collection
of your prize. Your contact information and personal
data may also be released to the co-sponsors of
the contests to facilitate the collection of prizes.
Other than for the purposes described above, your
contact information and personal data is never released
to our partners or advertisers. Any demographic
and profile data is disclosed only as aggregated
user statistics to prospective partners, advertisers,
and other third parties, and for lawful purposes.
Data exchanged between ourselves and our members
across our network is stored and monitored for the
purpose of providing quality control over our product
and to ensure that our service is not being used
to conduct illegal activity that may or may not
be a threat to our web site, our company and/or
our member base.
Cookies
As part of offering and providing customisable and
personalised services, we use "cookies"
to store and track information. A cookie is a small
amount of data that is sent to your browser from
a web server and stored on your computer's hard
drive. "Cookies" assign a unique number
to the user that has no meaning outside the assigning
site. If you do not want information to be collected
through the use of cookies, there is a simple procedure
in most browsers that allows you to deny or accept
the cookie feature. You will be required to accept
"cookies" if you are prompted to log-in
or are using a customisable service on our site.
Advertising networks that serve ads onto our site
may also use their own cookies. We do not control
the use of "cookies" or the resulting
information by these networks.
Forums
You should note that any personally identifiable
information (eg e-mail addresses) that you disclose
on forums could be collected and used by third parties
to contact you or send unsolicited messages. We
do not have control over these activities.
Business
Risk
If your use of the service, or your future use of
the service, is deemed to be a risk to the providers
of the service and/or to the users of the service,
your use of the service may be restricted, removed
and/or denied.
Corrections
& Updates
You may change or modify information that you provided
to us previously by contacting us.
Security
While we strive to protect your personal information,
we cannot ensure or warrant the security of any
information that you transmit to us, and you do
so at your own risk.
Links
to other Sites
www.biaustralia.com.au also contains links to other
internet sites that have separate privacy and data
collection practices, independent of us. We are
not responsible and cannot be held liable for the
privacy practices or the content of such internet
sites.