AGREEMENT BETWEEN YOU AND WILD SYSTEMS PTY LTD
World Pedigrees is a service operated by Wild Systems
Pty Ltd, ABN 85 065 845 927 ("Wild Systems") that makes it easy to share pedigree data.
These Terms of Use constitute a legal agreement between
you and Wild Systems. You must accept without modification all of the terms,
conditions, and notices contained in these Terms of Use in order to access and
use the World Pedigrees Services. If you do not accept these Terms of Use in
their entirety, you may not access or use the World Pedigrees Services.
Portions of the World Pedigrees Services may be
governed by posted guidelines, rules, or other terms and conditions. All such
guidelines, rules, and terms and conditions are hereby incorporated by reference
into these Terms of Use. In the event of a conflict between such other
guidelines, rules, and terms and conditions and these Terms of Use, the Terms of
Use shall control. However, the World Pedigrees Privacy Statement, discussed in
the Privacy and Personal Information section below,
supersedes any conflicting language in these Terms of Use and/or any other
guidelines, rules, and terms and conditions published on the World Pedigrees
Services with respect to the subject matter covered by the World Pedigrees
Privacy Statement.
MODIFICATION OF THESE TERMS OF USE
Wild Systems may wish to update or change the terms,
conditions, and notices for the World Pedigrees Services from time to time to
reflect changes in the Services, changes in the laws affecting the Services, or
for other good reasons. You understand that Wild Systems reserves the right to
make these changes and that you are responsible for regularly reviewing these
terms, conditions, and notices. Continued access to or use of the World Pedigrees
Services after any such change shall constitute your consent to such change.
Unless explicitly stated otherwise, any new features that change or improve the World Pedigrees
Services shall be subject to the Terms of Use, as modified from time to time.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the World Pedigrees Services for your
own personal and non-commercial purposes.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services that are part of the World Pedigrees
Services except as expressly provided in these Terms of Use.
PRIVACY AND PERSONAL INFORMATION
You may be required to have a World Pedigrees account to
use some World Pedigrees Services. To set up an account, you must provide
information about yourself and update this information as necessary in order to
keep it current.
You are responsible for maintaining the confidentiality
of your password and account information. Furthermore, you are responsible for
all activities that occur in your account and you agree to notify Wild Systems
immediately of any unauthorized use of your account. Wild Systems is not
responsible for any loss that you may incur as a result of any unauthorized
person using your account or your password.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the World Pedigrees
Services may contain links to other Web sites ("Linked Sites"). The
Linked Sites are not under the control of Wild Systems and Wild Systems is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site. Wild Systems is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Wild Systems of the site or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and terms of use
posted at the Linked Sites.
You are solely responsible for any dealings with third
parties (including advertisers) who support the World Pedigrees Services or are
identified in the Web pages that are part of the World Pedigrees Services,
including the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the World Pedigrees
Services, you agree that you will not use the World Pedigrees Services for any
purpose that is unlawful or contrary to these Terms of Use. You also may not use
the World Pedigrees Services in any manner that could damage, disable,
overburden, or impair the World Pedigrees Services or interfere with any other
party's use and enjoyment of them. You may not attempt to gain unauthorized
access to any World Pedigrees account, computer systems or networks associated
with the World Pedigrees Services. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the World Pedigrees Services.
TERMS OF USE FOR WORLD PEDIGREES PARTICIPATING SITES
AND SERVICES
These Terms of Use apply to you whenever you access or
use any World Pedigrees Services. When you use the World Pedigrees Services to
gain access to any World Pedigrees participating site or service, the terms and
conditions associated with that site or service may also apply to you. Please
refer to the applicable terms of use associated with each participating site or
service that you visit.
DATA YOU SUBMIT
You warrant that you own copyright in any data submitted to us, or
that it is information which is in the public domain, and
that it does not
infringe any existing copyright or any other rights of any third party and
that you have full authority to enter into this Agreement and grant the
rights granted to Wild Systems without resulting in a breach of any obligation you
may have.
You retain copyright to data you have submitted to Wild Systems.
Two types of data can be submitted, i.e. downloadable data and browseable
data. Downloadable data is data which is intended for others to download
as a complete file. Browseable data is data which is intended only to be
viewed on a web site and can not be downloaded as a complete file. When
submitting your data you should indicate which type of data you are
submitting.
If you submit downloadable data then
you grant to Wild Systems a non-exclusive, worldwide, irrevocable, royalty-free license to
use or modify those files for any purpose including publishing on-line. If
you submit browseable data, then you grant to Wild Systems a non-exclusive, worldwide, irrevocable, royalty-free license to
use that data only for publishing online as a browseable database.
Wild Systems may modify the data or combine it with other data. In such an
event you agree that Wild Systems owns copyright to the resulting data.
DATA AVAILABLE ON THE WORLD
PEDIGREES
SERVICES
All data that is made available
to view and/or download from the Web pages that are part of the World Pedigrees
Services ("Data") is owned by and is the copyrighted work of Wild Systems
and/or its suppliers. Except for personal use of the data, any
reproduction or redistribution of the Data is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED .
All Data is supplied "as
is" without any warranty as to its accuracy or completeness and any
use of this Data is entirely at the users own risk.
LIABILITY DISCLAIMER
WILD SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE WORLD PEDIGREES SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WILD
SYSTEMS
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WILD SYSTEMS AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE WORLD PEDIGREES SERVICES, WITH THE DELAY OR INABILITY
TO USE THE WORLD PEDIGREES SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED
THROUGH THE WORLD PEDIGREES SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
WORLD PEDIGREES SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF WILD SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE WORLD PEDIGREES SERVICES, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
WORLD PEDIGREES
SERVICES.
CUSTOMER SUPPORT
Wild Systems provides information about how to use the World Pedigrees
Services on the Web pages that are part of the Services. If you have any
questions about the World Pedigrees Services or any problems that you would like
to report, please email us at support@breedmate.com.
TERMINATION AND RESTRICTION OF ACCESS
Wild Systems reserves the right, in its sole discretion,
to terminate your access to the World Pedigrees Services or any portion thereof
at any time, without notice.
Wild Systems may also terminate or suspend your access
to the World Pedigrees Services for inactivity, which is defined as failing to
sign in to the Services for an extended period of time, as determined by Wild Systems.
Upon termination of your World Pedigrees account, your right to use the World Pedigrees
Services immediately ceases.
GENERAL
These Terms of Use are governed by the laws of the State
of New South Wales, Australia. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Sydney, New South Wales, Australia. in all
disputes arising out of or relating to the use of the World Pedigrees Services.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Wild Systems as a result of these Terms of Use or use of
the World Pedigrees Services.
Wild Systems may assign these Terms of Use, in whole or
in part, at any time. Wild Systems's performance of this agreement is subject to
existing laws and legal process, and nothing contained in these Terms of Use is
in derogation of Wild Systems's right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the World Pedigrees
Services or information provided to or gathered by Wild Systems with respect to
such use. You agree to indemnify and hold Wild Systems, its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the World Pedigrees
Services. If any part of these Terms of Use are determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms of Use shall continue in effect. These Terms of Use,
including the documents expressly incorporated by reference above, constitute
the entire agreement between you and Wild Systems with respect to the World Pedigrees
Services and such agreements supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and Wild Systems with respect to the World Pedigrees Services. A printed version
of these Terms of Use and of any notices given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
INTELLECTUAL PROPERTY NOTICES
All contents of the World Pedigrees Web Site are:
Copyright © 2003 by the Wild Systems Pty Ltd and/or its suppliers, c/o
Wild Systems Pty Ltd, PO Box 2395 Carlingford, NSW, 2118, AUSTRALIA.
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people,
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Wild Systems may have patents, patent applications,
trademarks, copyrights, or other intellectual property rights covering subject
matter in the World Pedigrees Services, including the Web pages that are part of
the World Pedigrees Services. Except as expressly provided in these Terms of
Use, the provision of the World Pedigrees Services and the furnishing of such
Web pages to you does not give you any license to these patents, trademarks,
copyrights, or other intellectual property. Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Notifications of claimed copyright infringement should
be emailed to us at support@breedmate.com.
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