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IndustryNetworker Terms of Service

YOUR USE OF THE INDUSTRYNETWORKER SITE ("SITE") AND SERVICES OFFERED BY INDUSTRYNETWORKER UNDER THIS AGREEMENT ("SERVICES") INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE OR SERVICE. INDUSTRYNETWORKER RESERVES THE RIGHT TO UPDATE THE TERMS OF THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING AN UPDATED VERSION OF THIS AGREEMENT TO THIS WEB PAGE, SO PLEASE CHECK THIS WEB PAGE FROM TIME TO TIME AS YOUR CONTINUED USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGED TERMS.

 

1. ACCEPTING THE TERMS

1.1 In order to use the Services, you must first accept the Terms.

1.2 You can accept the Terms by:

  1. clicking to accept or agree to the Terms, where this option is made available to you by IndustryNetworker in the user interface during Registration; or
  2. by actually using the Services without clicking accept. In this case, you understand and agree that IndustryNetworker will treat your use of the Services as acceptance of the Terms from that point onwards.

1.3 You agree that any use of the Site by you shall constitute acceptance of these Terms.

You agree that any use of the Site by you shall be in accordance with the following Terms and Conditions:

 

2. ELIGIBILITY

2.1 IndustryNetworker is exclusively for established and emerging members of the music, film, theatre, television, comedy, dance, radio and other entertainment industries worldwide. Individuals and groups who are involved in the entertainment industry are eligible to register an Account on the Site. The Site is not for fans, or those whose profession is not directly related to the entertainment industry or deemed relevant to the interests of the entertainment industry in some way. Any persons or groups who register an account and are deemed in IndustryNetworker's sole discretion to be ineligible in regards to the above may have their account terminated at any time and without notice.

2.2 Our Site is only available to individuals who are at least 18 years of age. By registering to use the Site, you represent and warrant that you are at least 18 years of age. We reserve the right to suspend or terminate your Account at any time and at our sole discretion without prior notice to you. Our Site is not available to any users who have had their Accounts suspended or terminated.  Unless you subsequently satisfy us in our absolute discretion, you are now eligible.

 

3. TERM

3.1 This Agreement will remain in full force and effect while you use this Site. If you breach this Agreement, we may suspend or terminate your Account at any time and without prior notice to you without liability howsoever arising.

3.2 Even after your Account is terminated, or you stop using the Site or our Services, certain terms of this Agreement will remain in effect, including but not limited to the license you grant to us and representations and warranties you make to us regarding any content posted on or through the Site, intellectual property, liability and indemnity.

 

4. REGISTRATION

    1. In order to gain access to features of the Site you are required to register as a User.
    2. You agree to give accurate and correct information at Registration and agree to keep us notified of any changes to your personal details. We will terminate any Account created on the basis of false or inaccurate information.
    3. You may register an individual or group.

4.4 Where you are a member of a group profile and provide your particulars or personal details during Registration, you, at our election, will be held solely responsible for the actions, Content and Profile of the group, whether it is "band/music group" or a "company/group" or otherwise as if you were the sole User.

4.5 You may only hold one individual and/or one group Profile at any one time. If you are found to be in breech of this restriction, all Accounts held by you will be terminated without notice.

 

5. PASSWORD AND SECURITY

When you complete our Registration process you will create a username and password that will enable you to access the Site. You agree to maintain the confidentiality of your username and password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your username and password. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security. You agree that IndustryNetworker cannot and will not be liable for any loss or damage arising from your failure to comply howsoever.

 

6. FEES AND PAYMENTS

Access to our Site and use of main features is free, although we may charge fees for various premium features and Services that we offer. We may, in our sole discretion, change this policy and charge for access to our Site and other features and Services, and we may, in our sole discretion, add, remove or change the features and Services we offer or the fees (including the amount or the type of fees) we are entitled or determine to charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, you agree by your continued use of the Site to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with this Agreement (e.g., overdrawn accounts, exceeding account limits, etc.) If IndustryNetworker terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).  Non-payment of a fee or fees by the due date for payment of the same entitles us to terminate your Membership without notice to you.

 

 

7. PRIVACY

You acknowledge and agree that you have read, understood and consent to the terms of our Privacy Policy as published on the Site, and amended from time to time.

 

8. SERVICES

 

8.1 IndustryNetworker makes certain Services available to individuals who register on the Site and general visitors to the Site (registered users and visitors are collectively referred to as "Users").

 

8.2 Users must create an online Profile. They may then search our User database, network with other users, post on "Noticeboards", post and search for "Jobs", apply for "Jobs", send "Messages" to Users and add other users as "Contacts".

 

    1. Services available on the site include:

 

8.3.1  Profile: When you join and use this Site to manage your career, you will create a "Profile" that includes information such as your name, skills, experience, services and examples of your work.

 

  1. Your Profile will be made available for viewing by those Users selected by you in your "Security Settings." You have the option to adjust your "Security Settings" or deactivate your Profile at any time by visiting your account settings and following the procedure for deactivation.
  2. By registering on the Site, you hereby consent to IndustryNetworker's creation, use and display of your Profile as described in this Agreement.
  3. You warrant that the information posted by you on to this site, and contained within your Profile, honestly and accurately describes yourself and your qualifications, experience, skills etc. and does not breach any other person or corporation's copyright or intellectual property.

 

8.3.2 Industry Directory: Your Profile can be searched by site users and visitors via our User database ("Industry Directory.")

 

8.3.3 Contact Requests: Registered Users can request to add other Users as "Contacts." They may be Users who you do not know personally. You have the right to choose who you add as a "Contact" and who can see your profile and personal details.

 

  1. You will receive email notifications when Users of the Site request that you become their Contact.
  2. You have the right to report any User or posting that you find inappropriate by e-mailing us via the Contact Us page.
  3. You are solely responsible for your interactions with other Users of the Site or Service and any dispute that may arise from you interactions with other Users.

 

8.3.4 Messages: Users of the Site may send you a message that will be stored in your inbox.

 

  1. You will receive email notifications when users of the Site send you a "Message".
  2. There is a limit on the amount of messages that can be held in your Networker inbox and outbox. Any messages exceeding the set limit will be sent to you designated email address.

 

8.3.5 Jobs: Paid and unpaid jobs and opportunities may be posted on the Site and searched and applied for via the Site by registered Users.

 

  1. We do not undertake any checks as to the validity, availability or accuracy of the vacancies offered on our Site. We exclude all liability in connection with any information that is provided by advertisers, recruiters and candidates who post the same. We do not make any representation whatsoever about any job postings or advertisements that are posted on the site or via a link to another website. You must satisfy yourself as to the suitability of any candidate, agency, employer, job or opportunity found through IndustryNetworker.
  2. Before you post any job you must read and agree to the Job Posting Rules.
  3. You may only apply for jobs in your current location (country/ region of residence.) Any Users found to have applied for jobs posted outside of their current location will be in breach of the Terms and may be reported.

 

8.3.6 Noticeboards:

IndustryNetworker makes certain forums available on the Site that allow registered Users the opportunity to post information on Noticeboards (collectively, "Forums").

 

  1. All information posted on the Noticeboards must be deemed appropriate for the Noticeboard category chosen by you. Any posts deemed inappropriate or posted in the wrong category may be deleted by Site moderators with no notice to you.
  2. All Noticeboard posts must be relevant to the entertainment industry. Posting, advertising or promoting goods, services or opportunities that are not deemed by us, relevant to the entertainment industry or to the integrity of the Site and our Users, will be deleted by without notice to you.
  3. Registered Users who participate in these Forums are solely responsible for the Content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g. name, email address, telephone number or other details) on or through these forums, such information is generally accessible to and may be collected and used by other registered Users, as well as visitors and other non-authorized parties, and may also appear in search engines and may result in unsolicited online and offline messages. Registered Users are strongly encouraged to exercise discretion when providing personal or contact details in and through Forums and agree they post such details at their own risk.

 

 

9. MODIFICATIONS TO THE SERVICE

 

IndustryNetworker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that IndustryNetworker shall not be liable to you or to any third party for any loss or damage arising out of any modification, suspension or discontinuance of the Service.

 

 

10. ACCEPTABLE USE AND CONTENT

10.1 You understand and agree that:

  1. all information, profiles, text, photographs, images, audio, film, web links or other materials ("Content"), whether publicly posted or privately transmitted, are your responsibility. This means that you, and not IndustryNetworker, are entirely responsible for all Content that you use, upload, post, email, transmit or otherwise make available via the Service.
  2. You must be the copyright holder or have permission from the copyright holder to upload the images/photos/ film/audio contained in your profile and all other Content posted by you on the Site.
  3. We do not control the content posted via the service, and we do not verify the accuracy of any Information provided by Site Members and, as such, does not guarantee the accuracy, integrity or quality of such content. By using the service, you may be exposed to content that is offensive, indecent or objectionable. IndustryNetworker will not be liable howsoever for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind suffered or allegedly suffered by you or any third party as a result of the exposure to or the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
  4. IndustryNetworker may review and delete any Content, including but not limited to posts, jobs, messages, photos, film, web links or profiles, (collectively, "Content") that in the sole judgment of IndustryNetworker violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.
  5. Even though you may request that your Content be removed from the Site, IndustryNetworker cannot guarantee that your Content will be removed, particularly from the Internet as search agents and other indexing services may retain and display a copy of a web page that IndustryNetworker has removed. Furthermore, Content we may have removed from the Site may persist in backup or cached copies on our servers for a reasonable period of time but may not be generally available to users of the Site.
  6. by posting your Content to the Site or Service, the Content including your name, links, photos and all other Content that you voluntarily post, add, or submit to the Site or through a Service, may be open to anyone on the Internet and may be found through search engines, scrapers, crawlers and aggregators.
  7. IndustryNetworker is a global site, however all Content (text) must be written in English only. Languages other than English are only permitted on the Site when describing a name i.e. the name of a person, event or credit.

10.2 You agree you will not:

  1. post or transmit through the Site any link to a site relating to illegal activities including (but not limited to) hacking, cracking or any other similar activity.
  2. Knowingly post or transmit through the Site any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  3. post or transmit through the Site any material that may be deemed to be libelous, defamatory, unlawfully threatening or unlawfully harassing of any person or corporation.  You indemnify us, to the fullest extent permitted by law, against any liability damages or claim made as a consequence of your publication of the information on the Site.
  4. post or transmit through the Site any material that is abusive, sexist, racist and/or threatening behaviour or any material which vilifies or is seen to constitute a personal attack against any User.
  5. post or transmit through the Site advertising except in the "Forums" in accordance with respective guidelines.
  6. contact Users using their email address or other contact details through the Site to advertise or promote any service or product. You may only advertise "services" in the appropriate forums provided. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site offering social networking or job opportunities, or any web site similar in nature to IndustryNetworker is expressly prohibited. Any User found to be soliciting other Users will have their membership terminated immediately and may be prosecuted.
  7. post or transmit through the Site anything that could cause distress or inconvenience. You will not cause any effect on the operability or security of the Site or cause disruption to our staff.
  8. post or otherwise make available on the Site any Content which you do not own without the express permission of the Copyright owner of the material.
  9. contact any User through the Site on behalf of someone else. Only registered Users are permitted to use contact information on the Site.
  10. copy, reproduce, alter, modify, or publicly display any information displayed on our Site (except for your information), or create derivative works from our Site (other than from your information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of IndustryNetworker or any other third party, except with the prior written consent of IndustryNetworker or the appropriate third party.
  11. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. You agree to report such violation to us immediately via the "Contact Us" page.
  12. transmit to Users any "junk mail", "chain letters," or unsolicited mass mailings or conduct any form of "spamming."
  13. post or transmit through the Site any Content that IndustryNetworker determines in its sole discretion, exploits people in a sexual or violent manner, constitutes pornography, child pornography or is adult in nature, contains nudity, depicts or contains rape, excessive violence, murder, or any other similarly offensive content or contains a link to an adult website.
  14. publicly post information that poses or creates a privacy or security risk to any person.
  15. post any photo or image that contains personally identifiable contact information such as name, phone number, email address, or web site URL.
  16. post any photo or image of other person without their express permission. 
  17. post or transmit through the Site any Content that constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  18. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on IndustryNetworker's infrastructure.
  19. "stalk" or otherwise harass another User by sending excessive messages, contact requests to users who have already declined your request or any other behaviour deemed as harassment.
  20. collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations.
  21. violate the Posting Rules.
  22. violate the Job Posting Rules.

 

 

11. LICENSE FROM INDUSTRY NETWORKER

11.1 IndustryNetworker gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by IndustryNetworker as part of the Services as provided to you by IndustryNetworker (referred to as the "Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Industry Networker, in the manner permitted by the Terms.

11.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by IndustryNetworker, in writing.

11.3 Unless IndustryNetworker has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

 

 

12. CONTENT LICENCE FROM YOU

12.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give IndustryNetworker a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Industry Networker to display, distribute and promote the Services.

12.2 You agree that this license includes a right for IndustryNetworker to make such Content available to other companies, organizations or individuals with whom Industry Networker has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

12.3 You understand that IndustryNetworker, in performing the required technical steps to provide the Services to our Users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit IndustryNetworker to take these actions.

12.4 You confirm and warrant to IndustryNetworker that you have all the rights, power and authority necessary to grant the above license and indemnify us from any liability howsoever arising in the event it is established you do not have such rights, power or authority.

 

13. CONSENT TO DISCLOSURE

13.1 You acknowledge and agree that IndustryNetworker may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

  1. comply with a current judicial proceeding, a court order or legal process served on us or our Site,
  2. enforce this Agreement,
  3. respond to claims that your information violates the rights of third parties;
  4. protect the rights, property or personal safety of IndustryNetworker, its employees, users and the public; or
  5. enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement.

13.2 We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

 

14. THIRD PARTY WEB SITES, SERVICES, GOODS AND ADVERTISING

You acknowledge and agree:

14.1 We are not responsible for the availability of any third party web site and we do not endorse and shall not be held responsible or liable for any content, advertising, information, services or products on or available from such web sites or material.

14.2 We are not responsible or liable for any dealings between you and third party advertisers, for goods or services found on or via the Site, including payment for and delivery of products and services and any other terms, conditions, warranties or representations associated with such dealings.

14.3 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

14.4 The manner, mode and extent of advertising on the IndustryNetworker Site is subject to change without specific notice to you.

14.5 In consideration of us granting you access to the Site and permitting you to use the Service, you agree that we may place such advertising on the Site and on any Site page, including but not limited to your Profile page.

 

15. PROPRETARY RIGHTS

You agree and acknowledge:

  1.  Industry Exposure Pty Ltd. owns and retains all proprietary rights to the industrynetworker.com Site. The Site contains copyrighted material, trademarks, and other proprietary information belonging to Industry Exposure Pty Ltd. and its licensors. You acknowledge and agree that Industry Exposure Pty Ltd. own all legal right, title and interest in and to the Services, including any intellectual property rights, including copyright, which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Industry Exposure Pty Ltd. and that you shall not disclose such information to any third party who is not a User without our prior written consent, which consent may be arbitrarily withheld at our discretion.

15.2 Unless otherwise agreed in writing by Industry Exposure Pty Ltd., nothing in the Terms gives you a right to use any of Industry Networker's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

15.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Industry Exposure Pty Ltd., then you agree that your use of such features shall be in compliance with that agreement and limited to the terms thereof.

15.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

15.5 Unless you have been expressly authorized to do so in writing by Industry Exposure Pty Ltd., you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

 

16. COPYRIGHTED MATERIAL

16.1 IndustryNetworker respects the intellectual property rights of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is IndustryNetworker's policy to terminate, in appropriate circumstances, the membership of repeat infringers.

16.2 If you believe any of your information or your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please let us know and provide us with the following information:

  1. an electronic or physical signature of the person or persons authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are either the copyright owner or are authorized to act on the copyright owner's behalf.

 

17. SUGGESTIONS AND IDEAS FOR IMPROVEMENT

17.1 IndustryNetworker is always improving its Services and developing new features. If you have ideas regarding improvements or additions to industrynetworker.com, we would like to hear them, however any submission will be subject to the Terms.

17.2 You waive any and all rights that you may have in the idea or any related materials and are representing and warranting to Industry Exposure Pty Ltd. that the idea and/or related materials are wholly original with you, and no one else has any rights in the idea and/or materials and that we are free to implement the idea and to use the materials if we so desire, as provided or as modified by Industry Exposure Pty Ltd., without obtaining permission or license from any third party, without payment to you unless otherwise agreed in writing by us.

 

18. LIABILITY & INDEMNITY

Notwithstanding and in addition to any indemnity expressly or impliedly given by these Terms to us, you, as a consequence of your acceptance of the terms, agree and acknowledge:

  1. INDUSTRYNETWORKER DOES NOT VERIFY THE ACCURACY OF ANY INFORMATION PROVIDED BY SITE MEMBERS AND DOES NOT PERFORM INTERVIEWS, COMPLETE POLICE CHECKS OR UNDERTAKE ANY TYPE OF BACK GROUND CHECKS OF SITE MEMBERS.
  2. WE ARE NOT LIABLE FOR ANY POSTING PLACED ANYWHERE ON THE SITE THAT HAS BEEN WRITTEN BY THE USERS OF THE SITE.
  3. WE ARE NOT RESPONSIBLE FOR, AND DO NOT ENDORSE, SUCH MATERIAL OR ANY DAMAGE ARISING THEREFROM.
  4. WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE CONTENT, ACCURACY, RELIABILITY OR TIMING OF ANY INFORMATION USED ON THE SITE HOWSOEVER ARISING.
  5. WHILE WE WILL ENDEAVOR TO MODERATE THE SITE TO REMOVE OBJECTIONABLE CONTENT, WE ARE NOT RESPONSIBLE FOR THE QUALITY, ACCURACY OR FITNESS OF THE MATERIAL AND WILL NOT BE RESPONSIBLE FOR ANY ERRORS, VIRUSES, INCOMPATIBLE SOFTWARE OR INTERRUPTION IN SERVICE OR ANY OTHER INTERNET SERVICE.
  6. WE DO NOT GUARANTEE UNINTERRUPTED AND/OR RELIABLE ACCESS TO ANY OF OUR ONLINE SERVICES AND WE MAKE NO GUARANTEES WHATSOEVER AS TO ITS OPERATION, AVAILABILITY, FUNCTIONALITY, OR IT WILL BE FREE OF ERROR OR DISRUPTION OR OTHERWISE.
  7. WE HAVE NO LIABILITY OR RESPONSIBILITY FOR THE STORAGE OR DELETION OF ANY MATERIALS THAT YOU SUBMIT, POST OR UPLOAD TO THE SITE.
  8. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO REFUSE OR TO ADD OR REMOVE ANY MATERIALS WITHOUT PRIOR NOTICE TO YOU.
  9. TO INDEMNIFY US AND KEEP US INDEMNIFIED, INCLUDING OUR DIRECTORS AND EMPLOYEES, IMMEDIATELY ON DEMAND, AGAINST ALL CLAIMS, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES) AND LIABILITY, ARISING FROM A BREACH OF THESE TERMS AND CONDITIONS BY YOU IN RESPECT OF ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE.  WITHOUT LIMITATION, SUCH INDEMNITY SHALL BE NOT ONLY AS TO DAMAGES BUT AS TO ALL OF OUR COSTS INCLUDING, NOT LIMITED TO, SOLICITOR AND CLIENT COSTS, AND PARTY/PARTY COSTS AND ANY OTHER COSTS OR EXPENSES PAID OR PAYABLE OR CLAIMED FROM US AS A CONSEQUENCE OF YOUR BREACH.
  10. TO THE EXTENT THAT IT IS LAWFUL TO DO SO, OUR LIABILITY TO YOU FOR ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING BUSINESS INTERRUPTION, LOSS OF INFORMATION, NON RECEIPT OF INFORMATION OR ANY OTHER PECUNIARY LOSS BUT OTHER THAN DEATH OR PERSONAL INJURY) SUFFERED BY YOU OR ANY THIRD PARTY SUFFERED AS A RESULT OF USING OR INABILITY TO USE THE SITE AND/OR OUR SERVICES IS LIMITED TO THE RE-SUPPLY OF THE SERVICES PROVIDED TO YOU OR THE VALUE OF THOSE SERVICES (AT OUR OPTION).
  11. YOUR INTERACTIONS WITH OTHER USERS, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, AND COMPLIANCE WITH TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE OTHER USER. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. YOU RELEASE INDUSTRYNETWORKER, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE ARISING OUT OF OR RELATED TO ANY DISPUTES WITH OTHER USERS.
  12. AS A SITE MEMBER YOU AGREE THERE IS NO EMPLOYMENT, INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP BETWEEN INDUSTRYNETWORKER AND YOU.

 

19. GOVERNING LAWS

19.1 Subject always to clause 19.2, You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and our Services. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the country in which you reside. 

19.2 Notwithstanding clause 19.1, You acknowledge this Agreement is governed by the laws of Western Australia and hereby submit to the non-exclusive jurisdiction of the courts of that State in relation to any claim or dispute arising out of the performance of this Agreement.

 

20. SEVERANCE

Should any part of this Agreement be held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.

 

21. ENTIRE AGREEMENT

These Terms represent the entire agreement between us, and are not capable of variation, modification or alteration unless we have modified, varied or altered them on the Site, or by separate and written agreement signed by you and us.

 

For any further details on these terms and conditions please contact us at info@industrynetworker.com

 

  1. Definitions

When reading these terms and conditions you should know that words have specific meanings. For clarity we have detailed these below:

"IndustryNetworker" means Industry Exposure Pty Ltd (ACN 127 550 252) an Australian Corporation as trustee for the B Steenholdt Family Trust and the L Steenholdt Family Trust.

"Web Site" or "Site" means our web site with the URL: www.industrynetworker.com and any other IndustryNetworker branded or co-branded websites (including sub-domains.)

"us", "we" or "our"  refers to IndustryNetworker;

"Account" or "Accounts" refers to the collection of data associated with your registered use of the Site (including but not limited to your Profile and Content) authenticated by a username and password.

"Registration" refers to the process of registering an account to become a Member of the Site.

"Site Members", "Members" and "Users" means all entities and individuals who register to the Site and non-registered visitors to the Site.

"you" or "your" means Site Members and any visitor to the Site.

"Content" means all information, text, photographs, audio, film, web links or other materials posted by you or any other User.

"Information" refers to all or any information on the Site, including information of Site Members.

"Service" or "Services" means the provision of our services pursuant to these Terms and Conditions.

"Membership" means your subscription to use our Services pursuant to these Terms and Conditions.

"Contact Us" refers to the Site page by which Users can contact IndustryNetworker moderators directly.

"Profile" means the page/s created by Users which includes information such as name, skills, experience, services and examples of work.

"Industry Directory" means our User database which can be searched by Site Users and visitors.

"Jobs" refers to all paid and unpaid job employment opportunities posted on the Site by Users.

"Contact" or "Contacts" refers to the act of becoming part of another User's industry contact list.

"Messages" refers to emails which may be sent from User to User, directed by and stored in our internal Message system.

"Forums" or "Noticeboards" refers to message boards made available on the Site for registered Users to post appropriate information.

"Posting Rules" refers to the rules that must be read and agreed to by Users before creating a Job posting (found in the Help page.)

"Job Posting Rules" refers to the rules that must be read and agreed to by Users before creating a Noticeboard posting (found in the Help page.)

"Security Settings" refers to the settings which can be adjusted by Users to protect their account security levels.

"Agreement" means the agreement between You and Us by your accepting the Terms in accordance with clause 1 of this deed.

"Terms and Conditions? or "Terms of Service" or "Terms" means the terms and conditions of this Agreement.

"Site Moderator" or "Moderators"  shall mean IndustryNetworker.

 

In this document unless the context otherwise requires:

(a)     words importing the singular include the plural and vice versa;

(b)     words importing any gender include the other genders;

(c)     references to persons include corporations incorporated associations and bodies politic;

(d)     references to a person include the legal personal representatives, successors and assigns of that person;

(e)     a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any other legislative authority having jurisdiction);

(f)      references to this or any other document include the document as varied or replaced, and notwithstanding any change in the identity of the parties;

(g)     references to writing include any mode of representing or reproducing words in electronic or tangible and permanently visible form and includes email and facsimile transmission;

(h)     an obligation of two or more parties shall bind them jointly and severally;

(i)      if a word or phrase is defined cognate words and phrases have corresponding definitions;

(j)      references to a person which has ceased to exist or has been reconstituted, amalgamated, reconstructed or merged, or the functions of  which have become exercisable by any other person or body in its place, shall be taken to refer to the person or body established or constituted in its place or by which its functions have become exercisable;

(k)     an obligation incurred in favour of two or more parties shall be enforceable by them jointly and severally;

(l)      any party which is a trustee is bound in its capacity as a trustee and personally.

(m)    reference to any thing (including, without limitation, any amount) is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them;

(n)     reference to a month and cognate terms means a period commencing on any day of a calendar month and ending on the corresponding day in the next succeeding calendar month but if a corresponding day does not occur in the next succeeding calendar month the period shall end on the last day of the next succeeding calendar month;

(o)     references to this document include its schedules and annexures (if any).

 

Headings are included for convenience only but shall be ignored in construing this document.

 

Time:

(a)        references to time are to local time in Western Australia;

(b)        where time is to be reckoned from a day or event, such day or the day of such event shall be excluded.

 

 

Date of Last Revision: January 21, 2010