Terms &
Conditions of Web Site Use
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 therefor.
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).
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.
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 commited 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.