Welcome to InShape NewsFlash. The following are the terms and conditions for use of this website which can be accessed from various sources, such as the web, mobile phones, RSS feeds, and PDAs. The terms and conditions of InShape NewsFlash apply to all site content and applications, regardless of how the site is accessed.
A) Use of the InShape NewsFlash Site
Tricia L. Snell (INSHAPE NEWS) is the owner and operator of this Site.
Users of this Site (SITE USER) agree to be bound by these Terms & Conditions, which are subject to change at INSHAPE NEWS’ sole discretion. By using this site you acknowledge and accept the Terms & Conditions of this site, as they exist at that time.
B) Intellectual Property
All intellectual property in relation to content on this Site belongs to INSHAPE NEWS or its affiliates. By using this site the SITE USER in no way whatsoever obtains any interest in that intellectual property. All content, including but not limited to the text, pictures, videos, and other materials, are protected by Australian and international copyright and other intellectual property laws that are applicable at the time of publication. Therefore, as a SITE USER you may not do anything that interferes with or breaches those laws.
The INSHAPE NEWS logo, the logos of the INSHAPE NEWS’ sites and the newspaper mastheads on the INSHAPE NEWS sites are registered trademarks of INSHAPE NEWS or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
C) Liability & Indemnity
INSHAPE NEWS does not exclude any rights and remedies in respect of goods or services under the Trade Practices Act 1974 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, INSHAPE NEWS excludes all rights, remedies, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:
(1) INSHAPE NEWS does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at INSHAPE NEWS’ sole discretion and without notice.
(2) INSHAPE NEWS will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph C(4).
(3) INSHAPE NEWS does not warrant hyperlinks or that they will be uninterrupted or error free. This includes defects such as viruses and bugs.
(4) In using INSHAPE NEWS, you indemnify INSHAPE NEWS and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Party Content & Links
(5) INSHAPE NEWS contains third party content which is subject to the third party’s terms and conditions of use. Nothing on this Site should is to be considered as a licence or right for you to use that content.
(6) INSHAPE NEWS include links to third party sites which are not related to INSHAPE NEWS and as such INSHAPE NEWS has no control or interest and in relation to those sites. Thus, the appearance links on INSHAPE NEWS does not in any way whatsoever indicate any relationship between INSHAPE NEWS and that third party or any endorsement by INSHAPE NEWS of that third party or its products or services.
(7) By submitting content to INSHAPE NEWS in any format such as text, photographs, graphics, video or audio, you grant INSHAPE NEWS a non-exclusive, royalty-free, perpetual licence to publish that content.
(8) You agree that INSHAPE NEWS can use that content in any way, now and in the future. INSHAPE NEWS also reserves the right not to use the content you submit.
(9) You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
(10) You indemnify INSHAPE NEWS against any and all legal fees, damages and other expenses that may be incurred by INSHAPE NEWS as a result of a breach of the above warranty.
(11) You waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
(12) Users will not use this site for any purpose or in any way which is unlawful, with these Terms & Conditions being governed by and interpreted in accordance with the laws of South Australia.
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