ACCEPTANCE
OF TERMS
Pambula
SLSC.com ("Pambula SLSC") makes this Web site (the "Site"), including
all information, documents, communications, files, text, graphics,
software, and products available through the Site (collectively, the
"Materials") and all services operated by Pambula SLSC and third parties
through the Site (collectively, the "Services"), available for your
use subject to the terms and conditions set forth in this document
and any changes to this document that Pambula SLSC may publish from
time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation,
use of any of the Services, downloading of any Materials, or merely
browsing the Site, you agree to and are bound by the Terms of Use.
Pambula SLSC reserves the right to change the Terms of Use and other
guidelines or rules posted on the Site from time to time at its sole
discretion, and will provide notice of material changes on the home
page of the Site.
Your continued use of the Site, or any Materials or Services accessible
through it, after such notice has been posted constitutes your acceptance
of the changes. Your use of the Site will be subject to the most current
version of the Terms of Use, rules and guidelines posted on the Site
at the time of such use.
You should periodically check the "Terms of Use" link on the Site's
home page to view the then current terms. If you breach any of the
Terms of Use, your authorization to use this Site automatically terminates,
and any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately destroyed.
INTELLECTUAL
PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent, and/or
other intellectual property laws, and any unauthorized use of the
Materials or Services at this Site may violate such laws and the Terms
of Use.
Except as expressly provided herein, Pambula SLSC and its suppliers
do not grant any express or implied rights to use the Materials and
Services. You agree not to copy, republish, frame, download, transmit,
modify, rent, lease, loan, sell, assign, distribute, license, sublicense,
reverse engineer, or create derivative works based on the Site, its
Materials, or its Services or their selection and arrangement, except
as expressly authorized herein.
In addition, you agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered
by Pambula SLSC, you shall be subject to any posted guidelines, rules,
or licenses applicable to such Services and to the Terms of Use. Such
guidelines, rules, or licenses may contain terms and conditions in
addition to those in the Terms of Use.
In addition to the Materials and Services offered by Pambula SLSC,
this Site also makes available materials, information, and services
provided by third parties (collectively, the "Third Party Services").
The Third Party Services are governed by separate license agreements
that accompany such services. Yesmailer offers no guarantees and assumes
no responsibility or liability of any type with respect to the Third
Party Services, including any liability resulting from incompatibility
between the Third Party Services and the Materials and Services offered
by Pambula SLSC. You agree that you will not hold Pambula SLSC responsible
or liable with respect to the Third Party Services or seek to do so.
Use of Software.
The software and accompanying documentation that is made available
to download from this Site is the copyrighted and/or patented work
of Yesmailer and/or its suppliers. Use of the software is governed
by the terms of the license agreement that accompanies or is included
with such software. You will not be able to download or install any
software that is accompanied by or includes a license agreement unless
you agree to the terms of such license agreement. If you do not agree
to such terms, you will not be able to use the software. Absent a
license agreement that accompanies the software, use of the software
will be governed by the Terms of Use.
You agree that you will not decompile, reverse engineer, or otherwise
attempt to discover the source code of the software available on the
Site. Use of Pambula SLSC Content and User Content. Except as indicated
to the contrary elsewhere on this Site, you may view, download, and
print the Pambula SLSC Content and User Content available on this
Site subject to the following conditions:
1. The Pambula SLSC Content and User Content may be used solely for
personal, informational, and internal purposes.
2. The Pambula SLSC Content and User Content may not be modified or
altered in any way.
3. The Pambula SLSC Content and User Content on the Site may not be
distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained
in the Pambula SLSC Content and User Content.
5. Pambula SLSC reserves the right to revoke the authorization to
view, download, and print the Yesmailer Content and User Content available
on this Site at any time, and any such use shall be discontinued immediately
upon notice from Pambula SLSC.
6. The rights granted to you constitute a license and not a transfer
of title.
IMPORTANT
EXCEPTIONS:
Various sections of the Site, may from time to time showcase the work
of creative professionals. Such works belong to their creators, may
be protected by copyright or other proprietary laws, and are for display
purposes only. Accordingly, you may not download or print these works
unless there is a notice associated with the work expressly permitting
such uses. The rights specified above to view, download, and print
the Pambula SLSC Content and User Content available on this Site are
not applicable to the design or layout of this Site. Elements of this
Site are protected by trade dress and other laws and may not be copied
or imitated in whole or in part.
TRADEMARK
INFORMATION
The trademarks, logos, and service marks ("Marks") displayed on this
Site are the property of Yesmailer or other third parties. You are
not permitted to use the Marks without the prior written consent of
Pambula SLSC or such third party that may own the Marks.
PROHIBITED
COMMUNICATIONS
You may submit only User Content or Design Content to the Site that
is (a) owned by you, (b) submitted with the express permission of
the owner or within the scope of the license to such content, or (c)
in the public domain. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, harassing, libelous,
offensive, defamatory, obscene, or pornographic materials, or other
materials that would violate any law or the rights of others, including,
without limitation, laws against copyright infringement, and rights
of privacy and publicity. Violation of these restrictions may result
in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available
through it, you agree: not to disrupt or interfere with any other
user's enjoyment of the Site or affiliated or linked sites; not to
upload, post, or otherwise transmit through the Site any viruses or
other harmful, disruptive, or destructive files; not to create a false
identity; not to use or attempt to use another's account, password,
service, or system without authorization from Yesmailer; not to access
or attempt to access any Content which you are not authorized to access;
not to disrupt or interfere with the security of, or otherwise cause
harm to, the Site, or any Services, Materials, system resources, accounts,
passwords, servers, or networks connected to or accessible through
the Site or any affiliated or linked sites.
WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE
IN A WRITTEN AGREEMENT BETWEEN YOU AND Pambula SLSC OR YOU AND A THIRD
PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE,
AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, Pambula SLSC MAKES NO WARRANTY THAT
(i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE
SITE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE,
OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES,
OR TYPOGRAPHICAL ERRORS.
Pambula SLSC MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS
SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED
HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND YESMAILER MAKES NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT
(i) Pambula SLSC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY
FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH
THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD
PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE;
(ii) YESMAILER MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT
ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES;
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR
OWN RISK; AND
(iv) Pambula SLSC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH
YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS
FROM SUCH ACTIVITIES. YESMAILER ASSUMES NO LIABILITY FOR ANY COMPUTER
VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER
FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED
THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Pambula SLSC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES
ARE LIMITED TO NINETY (30) DAYS. PERSONAL INFORMATION AND PRIVACY
To learn about how Pambula SLSC protects your personal information,
such as your name and address, refer to the Pambula SLSC Online Privacy
Policy. Except as set forth in the Privacy Policy or in the Terms
of Use, your personal information will be deemed to be confidential.
With the exception of certain types of Content, any non-personal information
or material sent to Pambula SLSC will generally be deemed to NOT be
confidential. You understand and agree that we may disclose information
about you if we have a good faith belief that we are required to do
so by law or legal process, to respond to claims, or to protect the
rights, property, or safety of Pambula SLSC or others, or as stated
in our Privacy Policy. Please be aware that your browser may be required
to accept cookies in order for you to use certain services.
LIMITATION OF LIABILITY IN NO EVENT, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL Pambula SLSC, ITS SUBSIDIARIES, AFFILIATES, AGENTS,
OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT Pambula SLSC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS
SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY
ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES,
ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY
SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED,
OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS
SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTIFICATION OF COPYRIGHT INFRINGEMENT
Pambula SLSC will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others.
INDEMNITY
AND LIABILITY
You agree to indemnify and hold Pambula SLSC, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of content you
submit, post to, or transmit through the Site (including, without
limitation, any Content or computer viruses), your use of the Site,
your connection to the Site, your violation of the Terms of Use, or
your violation of any rights of another person or entity.
GOVERNING
LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Pambula SLSC from
its offices within the state of NSW, Australia. By accessing this
Site, you and Pambula SLSC agree that all matters relating to your
access to, or use of, this Site shall be governed by the statutes
and laws of the State of New South Wales, without regard to the conflicts
of laws principles thereof. You and Pambula SLSC also agree and hereby
submit to the exclusive personal jurisdiction and venue of the State
of NSW, Australia with respect to such matters.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all
related documents have been drawn up in English. C'est la volonté
expresse des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers
posted on the Site constitute the entire agreement between Yesmailer
and you with respect to your use of the Site. If for any reason a
court of competent jurisdiction finds any provision of the Terms of
Use, or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to effect the
intent of the parties as reflected by that provision, and the remainder
of the Terms of Use shall continue in full force and effect. Any failure
by Pambula SLSC to enforce or exercise any provision of the Terms
of Use or related right shall not constitute a waiver of that right
or provision. The section titles used in the Terms of Use are purely
for convenience and carry with them no legal or contractual effect.
