Terms & Conditions

General

The website at www.babyboomers.com.au (the "Site") is owned by Babyboomers Pty Ltd. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site. We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Service, as modified. 

 

Intellectual Property Rights

(A) Babyboomers Pty Ltd Licence to You. This Site and all the materials contained on them are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Sites for personal non- commercial use only. You may only use this Site and the materials on it as authorized by us. You may not use the Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Sites) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these
Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by emailing info@babyboomers.com.au.

(B) Your License to Babyboomers Pty Ltd. By posting or submitting any material (including, without limitation, text, photos and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are thirteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission. When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, username, member name or email address, as we deem appropriate.

(C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Sites in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by Mail to Babyboomers Pty Ltd, Level 26, 44 Market Street, Sydney NSW 2000, or by email to info@babyboomers.com.au. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site. Please include the following information in your written notice:

(1) a detailed description of the copyrighted work that is allegedly infringed;

(2) a description of the location of the allegedly infringing material on the Site;

(3) your contact information, including your address, telephone number, and, if available, email address;

(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;

(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and

(6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

(D) Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by Babyboomers Pty Ltd. However, you may not frame or inline link to any of the content of the Sites, or incorporate into another website or other service any of our material or intellectual property without the written permission of Babyboomers Pty Ltd.

Message Boards and Other Interactive Features

These Sites may include interactive features, including, but not limited to, message boards, web logs, email services, and areas that allow uploading of user-generated content (the "Interactive Features"). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information or files that you or others may provide through the Site. This Site, including their Interactive Features, shall be used for lawful purposes only; you shall not:

• Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Sites.

• Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.

• Use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

• Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred or physical harm of any kind against any group or individual.

• Gain unauthorized access to the Site, or any account, computer system, or network connected to these Site, by means such as hacking, password mining or other illicit means.

• Obtain or attempt to obtain any materials or information not intentionally made available through these Site.

• Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

• Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.

• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites.

We shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the message boards or other Interactive Features of the Sites. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the message boards or other Interactive Features of the Site, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Sites. We are not responsible for any offensive, defamatory or obscene posting made on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Sites or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. Neither we nor any third- party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features of the Site.

Registration and Passwords

To access certain features of the Site, we may ask you to provide personally identifiableinformation such as your name, email address, zip code, and date of birth. You will provide true,accurate, current and complete information about yourself for any registration form located on theSite. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, inour sole discretion, suspend or terminate your account and refuse all current or future use of theSite. Our use of any personally identifiable information you provide to us as part of theregistration process is governed by the terms of our Privacy Policy.
You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. 

Use of Directories

The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information. 
 

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Disclaimers

The Site may provide links to web site maintained by third parties. Any information, products, software, or services provided on or through third-party site are controlled by the operators of such site and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY
ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE
CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITE IS ATTHE USER'S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. 
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software. Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.