560 lines
33 KiB
PHP
560 lines
33 KiB
PHP
<x-layout>
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<x-mast>Terms and Conditions</x-mast>
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<x-container class="pt-8">
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<p class="mb-2">
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Please read these terms carefully. By accessing or using our website
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and online servers, you agree to be bound by these terms and
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conditions. Do not use this site or our other online services if you
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if you do not agree to all of these terms. If you have any questions
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regarding the use of our site, please contact us. These Terms and
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Conditions ("Terms") apply to your access to, and use of the website
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(stemmechanics.com.au) and online services (collectively, the
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"Sites") of STEMMechanics. ("STEMMechanics"). The Terms do not alter
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in any way the terms or conditions of any other agreement you may
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have with STEMMechanics, or our subsidiaries or affiliates, for
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products, services or otherwise. If you are using the Sites on
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behalf of any entity, you represent and declare that you are
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authorized to accept these Terms on such entity's behalf and that
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such entity agrees to indemnify you and STEMMechanics for its
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violations of these Terms.
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</p>
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<x-heading class="mt-8">1. Eligibility, registration & account</x-heading>
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<p class="mb-2">
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You must be 18 years of age to use the Website. If you are under 18
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years of age you must have the permission of your parent or guardian
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to use the Site.
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</p>
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<p class="mb-2">
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Until you are 18 years old, by using our online services you certify
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that your parents or legal guardian has consented to your use and
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agreed to these Terms and Conditions on your behalf, and you
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acknowledge and agree that your use of our online services is at
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their discretion. We may require your parents or legal guardian to
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provide a written acknowledgement of these Terms and Conditions on
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your behalf before we provide you with part of all of our online
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services.
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</p>
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<p class="mb-2">
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You also represent and warrant that you (a) have not previously been
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suspended or removed from the Sites; (b) do not have more than one
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Site account.
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</p>
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<p class="mb-2">
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In consideration of your use of the Sites, you agree to (a) provide
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accurate, current and complete information; (b) maintain and
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promptly update your account information; (c) maintain the security
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of your account credentials; (d) not share your account credentials
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with others; and (e) promptly notify STEMMechanics if you discover
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or otherwise suspect any security breaches related to the Sites.
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</p>
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<x-heading class="mt-8">2. Ownership of site content</x-heading>
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<p class="mb-2">
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Unless otherwise indicated on our Sites, the Sites and all content
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and materials therein, including but not limited to the
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STEMMechanics logo and all designs, text, graphics, pictures,
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information, data, software, sound files, other files and the
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selection and arrangement thereof (collectively, "Site Content") are
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the proprietary property of STEMMechanics or our affiliates,
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licensors, suppliers or users and are protected by international
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copyright laws.
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</p>
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<p class="mb-2">
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You are granted a limited, nonexclusive, non-sublicensable license
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to access and use the Sites and electronically copy (except where
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prohibited without a license) and print hard copy portions of the
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Site Content for your informational, non-commercial and personal
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use. Such license is subject to these Terms and excludes: (a) any
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resale of the Sites or Site Content; (b) the collection and use of
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any product listings, pictures or descriptions; (c) the
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distribution, public performance or public display of any Site
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Content; (d) modifying or otherwise making any derivative uses of
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the Sites and the Site Content, or any portion thereof; (e) use of
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any data mining, robots or similar data gathering or extraction
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methods; (f) downloading (other than page caching) of any portion of
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the Sites, the Site Content or any information contained therein,
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except as expressly permitted on the Sites or pursuant to separate
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terms; or (g) any use of the Sites or the Site Content other than
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for its intended purpose. Any other use of the Sites or the Site
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Content, without the prior written permission of STEMMechanics, is
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strictly prohibited and will terminate the license granted herein.
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Unless explicitly stated herein, nothing in these Terms shall be
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construed as conferring any license to intellectual property rights,
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whether by estoppel, implication or otherwise. This license is
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revocable at any time.
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</p>
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<x-heading class="mt-8">3. Hyperlinks</x-heading>
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<p class="mb-2">
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You are granted a limited, non-exclusive right to create a text
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hyperlink to the Sites for non-commercial purposes, provided such
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link does not portray STEMMechanics or any of our products and
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services in a false, misleading, derogatory or otherwise defamatory
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manner and provided further that the linking site does not contain
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any adult or illegal material or any material that is offensive,
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harassing or otherwise objectionable. This limited right may be
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revoked at any time. You may not use a STEMMechanics logo or other
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proprietary graphic of STEMMechanics to link to the Sites without
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the express written permission of STEMMechanics. Further, you may
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not use, frame or utilize framing techniques to enclose any
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STEMMechanics logo or other proprietary information, including the
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images found at the Sites, the content of any text or the
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layout/design of any page or form contained on a page on the Sites
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without STEMMechanics' express written consent.
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</p>
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<p class="mb-2">
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STEMMechanics makes no claim or representation regarding the
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quality, content, nature or reliability of third-party websites
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accessible by hyperlink from the Sites, or websites linking to the
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Sites. Such sites are not under the control of STEMMechanics and
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STEMMechanics provides these links to you only as a convenience. The
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inclusion of any link does not imply affiliation, endorsement or
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adoption by STEMMechanics of any site or any information contained
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therein. When you leave our Sites, you should be aware that our
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terms and policies no longer govern. You should review the
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applicable terms and policies, including privacy and data gathering
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practices, of any site to which you navigate from the Sites.
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</p>
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<x-heading class="mt-8">4. User content</x-heading>
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<p class="mb-2">
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The Sites may include discussion blogs, profiles, product reviews or
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other interactive features or areas (collectively, "Interactive
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Areas"), in which you or other users create, post, transmit or store
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any content, such as text, photos, video, graphics or code on the
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Sites ("User Content"). User Content is publicly-viewable and
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includes your profile information and any content you post pursuant
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to your profile, but it does not include your stemmechanics.com.au
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account information (also known as "Your STEMMechanics Account" or
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"Your Account") or information you submit in order to make a
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purchase. You agree that you are solely responsible for your User
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Content and for your use of such Interactive Areas, and that you use
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the Interactive Areas at your own risk.
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</p>
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<p class="mb-2">
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By using any Interactive Areas, you agree not to post, upload to,
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transmit, distribute, store, create or otherwise publish or send
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through the Sites any of the following:
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</p>
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<ul class="mb-2 list-disc pl-8">
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<li class="mb-2">
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User Content that is unlawful, defamatory, obscene,
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pornographic, indecent, lewd, suggestive, harassing,
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threatening, abusive, inflammatory, fraudulent or otherwise
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objectionable;
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</li>
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<li class="mb-2">
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User Content that would constitute, encourage or provide
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instructions for a criminal offense, violate the rights of any
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party or that would otherwise create liability or violate any
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local, state, national or international law;
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</li>
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<li class="mb-2">
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User Content that displays, describes or encourages usage of any
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product we sell in a manner that could be offensive,
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inappropriate or harmful to STEMMechanics or any user or
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consumer or that is contrary to any instructions or warnings
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relating to the product (safety concerns can be reported here);
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</li>
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<li class="mb-2">
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User Content that may impinge upon or violate the publicity,
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privacy or data protection rights of others, including pictures,
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videos, images or information about another individual where you
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have not obtained such individual's consent;
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</li>
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<li class="mb-2">
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User Content that makes false or misleading statements, claims
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or depictions about a person, company, product or service;
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</li>
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<li class="mb-2">
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User Content that does not clearly and prominently disclose any
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material connections you may have to STEMMechanics or
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third-party brands or sellers (for example, if you receive free
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products or services or are a paid blogger or employee);
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</li>
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<li class="mb-2">
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User Content that may infringe any patent, trademark, trade
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secret, copyright or other intellectual or proprietary right of
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any party;
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</li>
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<li class="mb-2">
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User Content that impersonates any person or entity or otherwise
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misrepresents your affiliation with a person or entity;
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</li>
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<li class="mb-2">
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Viruses, malware of any kind, corrupted data or other harmful,
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disruptive or destructive files or code; and
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</li>
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<li class="mb-2">
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User Content that, in the sole judgment of STEMMechanics,
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restricts or inhibits any other person from using or enjoying
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the Sites or which may expose STEMMechanics or our users to any
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harm or liability of any type.
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</li>
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</ul>
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<p class="mb-2">
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Enforcement of the Terms, however, is solely in our discretion and
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the absence of enforcement of these Terms in some instances does not
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constitute a waiver of our right to enforce the Terms in other
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instances. In addition, these Terms do not create any private right
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of action on the part of any third party or any reasonable
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expectation or promise that the Sites will not contain any content
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that is prohibited by such Terms. Although STEMMechanics has no
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obligation to screen, edit or monitor any of the User Content posted
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on the Sites, STEMMechanics reserves the right, and has absolute
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discretion, to remove, screen or edit any User Content posted or
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stored on the Sites at any time and for any reason without notice,
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and you are solely responsible for creating backup copies and
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replacing any User Content you post or store on the Sites at your
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sole cost and expense.
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</p>
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<p class="mb-2">
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Any use of the Sites in violation of these Terms may result in,
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among other things, termination or suspension of your rights to use
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the Sites.
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</p>
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<x-heading class="mt-8">5. Rights in user content</x-heading>
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<p class="mb-2">
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Except as otherwise provided herein, on the Sites or in a separate
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agreement with us (such as the rules of a STEMMechanics photo
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sharing contest), STEMMechanics claims no ownership or control over
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any User Content. However, by submitting or posting User Content on
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the Sites, you grant STEMMechanics and our subsidiaries and
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affiliates a nonexclusive, royalty-free, world-wide, perpetual,
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irrevocable, transferable, and fully sublicensable right to use,
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reproduce, modify, adapt, publish, translate, create derivative
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works from, distribute, perform and display such User Content on the
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Sites and on third-party sites and in all other media or formats,
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whether currently known or hereafter developed, for any purpose and
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without any compensation to you. You also grant users of the Sites
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the right to access your User Content in connection with their use
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of the Sites. If you choose to remove your User Content, the license
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granted above will automatically expire; however, you acknowledge
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that there may be exceptions (for example, you cannot delete a vote
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you submitted that has already been counted or your purchase
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history). In addition, we may retain archived copies of your User
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Content and cached copies of your User Content may still be
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available for some period of time.
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</p>
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<p class="mb-2">
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By posting User Content to the Sites, you represent and warrant that
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(a) such User Content is non-confidential; (b) you own and control
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all of the rights, title and interest in and to the User Content or
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you otherwise have all necessary rights to post and use such User
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Content to the Sites and to grant the rights to STEMMechanics that
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you grant in these Terms; (c) the User Content is accurate and not
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misleading or harmful in any manner; and (d) the User Content, and
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your use and posting thereof in connection with the Sites, do not
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and will not violate these Terms, our Site Rules, any other
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applicable STEMMechanics terms, guidelines or policies or any
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applicable law, rule or regulation.
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</p>
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<x-heading class="mt-8">6. Feedback</x-heading>
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<p class="mb-2">
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Separate and apart from User Content, you have the ability to submit
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questions, comments suggestions, reviews, ideas, plans, designs,
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notes, proposals, drawings, original or creative materials and other
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information regarding the Sites, STEMMechanics and our products or
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services (collectively "Feedback"). You agree that Feedback is
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non-confidential and shall become the sole property of
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STEMMechanics. STEMMechanics shall own exclusive rights, including
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all intellectual property rights, in and to such Feedback and shall
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be entitled to the unrestricted use and dissemination of the
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Feedback for any purpose, commercial or otherwise, without
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acknowledgment or compensation to you. Do not send us Feedback if
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you expect to be paid or want to continue to own or claim rights in
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them; your idea might be great, but we may have already had the same
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or a similar idea and we do not want disputes.
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</p>
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<x-heading class="mt-8">7. User conduct</x-heading>
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<p class="mb-2">
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You agree that you will not violate any law, contract or
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intellectual property or other third party right or commit a tort
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and that you are solely responsible for your conduct while accessing
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or using the Sites. You also agree to abide by our Site Rules and
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that you will not:
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</p>
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<ul class="mb-2 list-disc pl-8">
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<li class="mb-2">
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Use the Sites in any unlawful manner or in any manner that could
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damage, disable, overburden or impair the Sites;
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</li>
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<li class="mb-2">
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Send unsolicited or unauthorized advertising, solicitations,
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promotional materials, spam, junk mail, chain letters and
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pyramid schemes, or harvest or collect email addresses or other
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contact information of other users from the Sites for the
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purposes of sending spam;
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</li>
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<li class="mb-2">
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Use any robot, spider, crawler, scraper or other automated means
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or interface not provided by us to access the Sites or to
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extract data;
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</li>
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<li class="mb-2">
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Reverse engineer any aspect of the Sites or do anything that
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might discover source code or bypass or circumvent measures
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employed to prevent or limit access to any area, content or code
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of the Sites (except as otherwise expressly permitted by law);
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</li>
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<li class="mb-2">
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Solicit personal information from anyone under 18 or solicit
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passwords or personally identifying information for commercial
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or unlawful purposes;
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</li>
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<li class="mb-2">
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Use or attempt to use another's account without authorization
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from STEMMechanics;
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</li>
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<li class="mb-2">
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Attempt to circumvent any content filtering techniques we employ
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or access any service or area of the Sites that you are not
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authorized to access;
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</li>
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<li class="mb-2">
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Engage in any harassing, intimidating, predatory or stalking
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conduct;
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</li>
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<li class="mb-2">
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Develop any third-party applications that interact with User
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Content and our Sites;
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</li>
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<li class="mb-2">
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Interfere with or damage the operation of the Sites or introduce
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to the Sites or its users any viruses, malware, corrupted data
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or other harmful, disruptive or destructive files or code; or
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</li>
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<li class="mb-2">
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"Frame" our Sites or otherwise make it look like you have a
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relationship to us or that we have endorsed you for any purpose.
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</li>
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</ul>
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<p class="mb-2">
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In addition to the above rules, you also agree to abide by any
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additional STEMMechanics rules in relation to any organised Forum,
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Chat, Game and/or Realm Servers.
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</p>
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<p class="mb-2">
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STEMMechanics has no obligation to monitor any user conduct on the
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Sites, and STEMMechanics reserves the right and has absolute
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discretion to monitor any user conduct on the Sites at any time and
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for any reason without notice. STEMMechanics does not approve or
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endorse any user-posted meetings or events referenced on the Sites
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and STEMMechanics recommends exercising caution before contacting or
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meeting anyone (online or offline) that is unfamiliar to you.
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</p>
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<x-heading class="mt-8">8. No third-party beneficiaries</x-heading>
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<p class="mb-2">
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These Terms are for the benefit of, and will be enforceable by, the
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parties only. These Terms are not intended to confer any right or
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benefit on any third party or to create any obligations or liability
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of a party to any such third party.
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</p>
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<x-heading class="mt-8">9. Indemnification</x-heading>
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<p class="mb-2">
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To the fullest extent permitted by applicable law, you agree to
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defend, indemnify and hold harmless STEMMechanics and our
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subsidiaries and affiliates, and our respective, directors,
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employees, independent contractors, service providers and
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consultants, from and against any claims, damages, costs,
|
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liabilities and expenses (collectively, "Claims") arising out of or
|
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related to (a) your access to and use or misuse of the Sites; (b)
|
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any User Content you post, upload, use, distribute, store or
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otherwise transmit on or through the Sites; (c) any Feedback you
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provide; (d) your violation of these Terms; and (e) your violation
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of any rights of another.
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</p>
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<x-heading class="mt-8">>10. Disclaimers</x-heading>
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<p class="mb-2">
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Except as expressly provided, the Sites, Site Content, User Content
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and services provided on or in connection with the Sites
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(collectively, "Complete Site") are provided on an "AS IS" and "WITH
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ALL FAULTS" basis without representations, warranties or conditions
|
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of any kind, either express or implied. STEMMECHANICS DISCLAIMS ALL
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OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS,
|
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IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
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WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS
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FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND
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NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING
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OR COURSE OF PERFORMANCE. STEMMechanics does not represent or
|
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warrant that the Complete Site is accurate, complete, reliable,
|
|
current or error-free. STEMMechanics does not represent or warrant
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that the Sites or our servers are free of viruses or other harmful
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components.
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</p>
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<p class="mb-2">
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The Site Content, including, but not limited to, STEMMechanics
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videos and "Expert Advice" articles, is general in nature and must
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be used with an appreciation for the differing capabilities among
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individual users and the differing demands placed on equipment and
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techniques by the wide variety of circumstances that can be
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encountered in outdoor recreation. The information is not a
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substitute for in-person guidance by a qualified instructor.
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</p>
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<x-heading class="mt-8">11. Liability</x-heading>
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<p class="mb-2">
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To the fullest extent permitted by applicable law, in no event shall
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the STEMMechanics parties be liable for any special, indirect,
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incidental or consequential damages, including, but not limited to,
|
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loss of use, loss of profits or loss of data, whether in an action
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in contract, tort (including, but not limited to, negligence) or
|
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otherwise, arising out of or in any way connected to the access or
|
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use of the complete site, your online or offline interactions with
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other site users, or otherwise related to these terms, including but
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not limited to any damages that result from events beyond our
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reasonable control, such as interruptions to all or portions of the
|
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complete site, deletion of files or email, errors or omissions,
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defects, viruses, delays in operation or transmission or failure of
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performance, whether or not resulting from acts of god,
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communications failure, theft, destruction or unauthorized access to
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an STEMMechanics party's records, programs or services.
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</p>
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<x-heading class="mt-8">12. Modifications to site</x-heading>
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<p class="mb-2">
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STEMMechanics reserves the right to modify or discontinue,
|
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temporarily or permanently, the Sites or any features or portions
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thereof without prior notice.
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</p>
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<x-heading class="mt-8">13. Termination</x-heading>
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<p class="mb-2">
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You may terminate the Terms at any time by closing your account,
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discontinuing your use of the Sites and providing STEMMechanics with
|
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a notice of termination. STEMMechanics reserves the right, without
|
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notice and in our sole discretion, to terminate your right to use
|
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the Sites, or any portion of the Sites, and to block or prevent your
|
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future access to and use of the Sites or any portion of the Sites.
|
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</p>
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<x-heading class="mt-8">14. Severability</x-heading>
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<p class="mb-2">
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|
If any provision of these Terms shall be deemed unlawful, void or
|
|
for any reason unenforceable, then that provision shall be deemed
|
|
severable from these Terms and shall not affect the validity and
|
|
enforceability of any remaining provisions.
|
|
</p>
|
|
<x-heading class="mt-8">15. Ordering online</x-heading>
|
|
<p class="mb-2">
|
|
Upon completing your order and submitting it through the checkout
|
|
system, an order reference number will be issued to you via a
|
|
confirmation email. We will not process your order until it has
|
|
passed our internal validation procedures, for the purpose of
|
|
preventing credit card or payment fraud. Upon processing your order
|
|
and receiving payment we will send you a confirmation email which is
|
|
your Tax Invoice. We reserve the right to refuse service or supply
|
|
of the products or to terminate the contract and/or your account at
|
|
our sole discretion. If we cannot process your order after receiving
|
|
payment, we will contact you using the details entered at the
|
|
checkout. By placing an order with stemmechanics.com.au, you declare
|
|
that will not be on-selling the product(s) to another person(s) for
|
|
financial gain.
|
|
</p>
|
|
<p class="mb-2">
|
|
In the instance that you need to cancel or edit your order of a
|
|
physical item; if you fail to notify us before your order has been
|
|
dispatched, you can incur a return to sender delivery fee of $25. To
|
|
avoid any fees associated when cancelling/editing your order, you'll
|
|
need to notify receive confirmation from a STEMMechanics customer
|
|
support team member before the order has been dispatched from our
|
|
premises.
|
|
</p>
|
|
<p class="mb-2">
|
|
Digital items cannot be cancelled or edited after receiving payment.
|
|
</p>
|
|
<x-heading class="mt-8">16. Pricing & availability</x-heading>
|
|
<p class="mb-2">
|
|
All prices are shown in Australia dollars (AUD). All items are
|
|
subject to availability and we reserve the right to impose quantity
|
|
limits on any order, to reject all or part of an order and to
|
|
discontinue products or services without notice, even if you have
|
|
already placed your order. All prices are subject to change without
|
|
notice. Prices displayed on the Sites may vary from those in the
|
|
store or from store-advertised prices. All purchases on applicable
|
|
products include GST at the rate of 10%.
|
|
</p>
|
|
<x-heading class="mt-8">17. Errors</x-heading>
|
|
<p class="mb-2">
|
|
We attempt to be as accurate as possible and eliminate errors on the
|
|
Sites; however, we do not warrant that any product, service,
|
|
description, photograph, pricing or other information is accurate,
|
|
complete, reliable, current or error-free. In the event of an error,
|
|
whether on the Sites, in an order confirmation, in processing an
|
|
order, delivering a product or service or otherwise, we reserve the
|
|
right to correct such error and revise your order accordingly if
|
|
necessary (including charging the correct price) or to cancel the
|
|
order and refund any amount charged. Your sole remedy in the event
|
|
of such error is to cancel your order and obtain a refund.
|
|
</p>
|
|
<x-heading class="mt-8">18. Out of stock / pre-order items</x-heading>
|
|
<p class="mb-2">
|
|
If the colour or size you want is not listed in the "Choose Your
|
|
Colour/Size" drop-down box on the Product Information page, it is
|
|
not then available for ordering. Please check back later. If the
|
|
colour or size you want has an Out of Stock label, it is on
|
|
backorder and available for pre-order. Sometimes we will not know in
|
|
advance that product is unavailable, so when you place items in your
|
|
Cart you will be asked if you would like to pre-order them. If you
|
|
indicate yes, the item will be sent to you once it becomes
|
|
available. Note that some items may be backordered or unavailable
|
|
even if the Sites indicate that they are in-stock, and adding an
|
|
item to your Cart does not guarantee the availability of that item.
|
|
If you have items on pre-order that you would like to cancel, please
|
|
contact us.
|
|
</p>
|
|
<x-heading class="mt-8">19. Agreement to Conduct Transactions Electronically; Recording; Copies</x-heading>
|
|
<p class="mb-2">
|
|
You agree that all of your transactions with or through the Sites
|
|
may, at our option, be conducted electronically from start to
|
|
finish, and that any oral conversations may be recorded. If we
|
|
decide to proceed non-electronically, those transactions will still
|
|
be governed by the remainder of these Terms unless you enter into
|
|
different terms provided by us. You are responsible to print or make
|
|
an electronic a copy of these Terms and any other contract or
|
|
disclosure that we are required to provide to you.
|
|
</p>
|
|
<x-heading class="mt-8">20. Payment</x-heading>
|
|
<p class="mb-2">
|
|
We currently accept Visa and Mastercard online. Only valid credit
|
|
cards or other payment method acceptable to us may be used and all
|
|
refunds will be credited to the same card or, in our discretion,
|
|
other method. By submitting your order, you represent and declare
|
|
that you are authorized to use the designated card or method and
|
|
authorize us to charge your order (including taxes, delivery costs,
|
|
handling and any other amounts described on the Sites) to that card
|
|
or other method. If the card (or other method) cannot be verified,
|
|
is invalid, or is not otherwise acceptable, your order may be
|
|
suspended or cancelled automatically.
|
|
</p>
|
|
<x-heading class="mt-8">21. Third-party sellers / on-sellers (buying & selling)</x-heading>
|
|
<p class="mb-2">
|
|
You may not place orders with the intention to immediately
|
|
on-forward the products to another person in a business transaction
|
|
(via marketplaces such as eBay etc), without the express written
|
|
permission of STEMMechanics.
|
|
</p>
|
|
<p class="mb-2">
|
|
In the instance that you, a customer who has received a
|
|
STEMMechanics order via an on-forwarder, then you forfeit your right
|
|
to make; a) a warranty claim or b) refund or exchange with
|
|
STEMMechanics. As per Australian Consumer Law or Consumer Guarantee,
|
|
the reseller who has conducted the transaction must address the
|
|
warranty and refunds directly with the manufacturer at their own
|
|
cost and loss.
|
|
</p>
|
|
<p class="mb-2">
|
|
If a reseller who has conducted the transaction is requesting that
|
|
STEMMechanics send the product directly to the customer then they
|
|
are engaging in Misleading Breach of the Law. The two laws are:
|
|
Section 18 of the act which relates to Passing Off, and Trading on
|
|
the Goodwill of Another Business - and, section 29 1 G which relates
|
|
to Affiliation (misleading the customer that the seller works for
|
|
the Retailer, in this case STEMMechanics). This can be made obvious
|
|
by the reseller's customer receiving a Tax Invoice for the products
|
|
with STEMMechanics letterhead and other documentation supplied by
|
|
STEMMechanics Outdoors, misleading the customer to think they are
|
|
buying from a reputable store instead of a reseller, often just a
|
|
consumer. Exceptions to this would be if the reseller has an ABN or
|
|
ACN that relates solely and specifically to reselling products
|
|
purchased from a Retailer, to their customer base. They will still
|
|
be responsible for warranty and after sales service but this is
|
|
allowed under the Law.
|
|
</p>
|
|
</x-container>
|
|
</x-layout>
|