Terms and Conditions
Terms Of Service
Issued effective 01 February 2010
Acceptance of terms
When using this website you may provide us with information about yourself or other matters. This website is not intended for users under the age of 16, and KDE does not knowingly collect personally identifiable information from users under the age of 16. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
When submitting content in any format, including text, photographs, graphics, video or audio, and placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), such content shall be considered non-confidential and you grant to KDE a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display in all existing or future media, and
Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including, but not limited to, rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of KDE and any other party authorised by KDE all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any communication or other material that you submit on the website.
In respect of submitting information on the website you agree that you will not post, transmit or otherwise publish on the website or to the website servers any material that:
restricts or inhibits any other user from using or enjoying the website;
- restricts or inhibits any other user from using or enjoying the website;
- is unlawful, threatening, libellous, defamatory, abusive, obscene,
- vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including without limitation any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
- violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trade mark or any other proprietary right, without first obtaining permission from the owner;
- contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it's servers and the Content thereon;
- contains any promotional material or advertising; or constitutes or contains false or misleading statements.
You expressly acknowledge and agree that KDE does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
KDE does not and cannot review or moderate all information posted to the website by users and is not responsible for such information. However, KDE reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason. KDE also reserves the right to ban a user at any time, without notice for any reason whatsoever.
If you are in doubt as to whether the content you wish to submit is appropriate, please contact [email protected] who can advise you on the issue.
General information only - non advisory
KDE does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums or other areas of the website.
KDE and its third party service providers do not make any warranties with respect to any of the merchandise featured or mentioned on the website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of KDE or its third party service providers.
The material on this site is provided as general information only. It is not intended as advice and must not be relied upon as such. Please be aware that although KDE attempts to keep the information on this website current and up-to-date, the information on this website may contain errors or omissions. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. KDE will not be liable for any loss incurred or accrued from relying upon any information on this website.
All content on the website including but not limited to text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof is owned or licensed by KDE, its suppliers or licensors unless expressly indicated otherwise.
The content is protected by Australian and international copyright and trade mark laws. Once content is published, you must not use, copy, modify, reproduce, publish, redistribute, upload to a third party or transmit the content without the prior written approval of KDE or the appropriate supplier or licensor of KDE, except in accordance with the below.
Strictly on the condition that you keep all content intact and in the same form as presented on this website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may:
- using an industry standard web browser, download and view the content for your personal, non-commercial use, or if you are an internet service and/or access provider, supply the content to your subscriber.
All other trade marks displayed on the website are registered and unregistered trade marks of KDE and others. Nothing contained on the website should be construed as granting any license or right of use of any trade mark displayed on the website without the express written permission of KDE or third-party owner. Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to a KDE website. However, such use requires the express written authorisation of KDE or the relevant third party, and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.
Advertising & links to third party websites
The website may contain hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of KDE, and KDE is not responsible for the contents of any linked website or any hyperlink contained in a linked website. KDE provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by KDE or its affiliates. By following a link to any such website you do so entirely at your own risk.
The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties. All third party advertising (including embedded hyperlinks) is paid for by the relevant third party and are not recommendations or endorsements by KDE or its affiliates unless expressly indicated otherwise.
In some instances, advertisements may contain representations or offers by third party advertisers, which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by KDE. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KDE shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on the website.
Disclaimer and limitation of liability
The Trade Practices Act 1974 (Cth) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by KDE of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). KDE does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
- All content and functionality is provided "as is" and without warranties of any kind, either express or implied.
- KDE may source or aggregate content from other sites and/or businesses via RSS Feeds. All content is credited to that particular provider, and every piece of content sourced via this method will point the end user to the sources site.
- KDE and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- KDE does not warrant that the information or functions contained in any content, or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits the content to you are free of viruses or any other harmful components,
- KDE does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of IDM) will IDM or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any content.
Governing law and entire agreement
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
Karissa Dalton Enterprises Pty Ltd
PO Box 779
Tweed Heads, NSW, 2015
Work +61 7 5526 0249