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Terms
of Service
The following terms of service govern
your use of this web site published by Fox
Plays. Please note that these terms of service may change from time to
time and you are advised to refer to them on a regular basis.
Restricted
Access
You are not permitted to access this web site unless you are at least
eighteen years of age.
Restricted
Use
You may not use this Fox Plays web site for any purpose, commercial or
otherwise, other than for the purpose for which it is intended. If you
wish to co-brand this web site, you must obtain prior written approval from Fox
Plays. This same restriction applies if you wish to invite or
encourage another party to co-brand this site. You may not add a
hyper-link to this site. The terms of service define
co-branding as the ways and means
to display a name,
trademark, logo or any other means or type of attribution or
identification of
any
party in such a manner as is reasonably likely to give a user the
impression that such other party has the right to display, publish, or
distribute this site or content which is accessible within this site.
Furthermore you
agree to co-operate with Fox Plays in causing any unauthorized
co-branding, framing or hyper-linking immediately to cease.
Information
Provided
If you provide certain information in
order to
purchase any goods or services from this web site, or if you provide
information in order to request
information, you are required to provide current, correct and complete
details and if Fox Plays believes you have failed to provide current,
correct or complete details, Fox Plays has the right to refuse you
access to this site or its content and resources and to terminate or
suspend your
access at any time.
Information
of a Proprietary
Nature
The information on this web site and on any web site owned and operated
by Fox Plays is the proprietary
information of Fox Plays and Fox Plays retains all right, title, and
interest in said content. Consequently, no part of the
content may be copied, distributed,
republished, uploaded, posted, or transmitted in any way without the
prior written approval of Fox Plays. As a bona fide purchaser of the
item for sale on this web site, you may print out a copy of the content
but solely for your personal use. In doing so, you may not
change or remove or cause to be removed or changed, any copyright,
trademark, trade name, service mark, or any other proprietary notice or
legend appearing on any of the content. Modification, variation
or use of
the content except as expressly provided in these Terms of Service
violates Fox Play's intellectual property rights. Neither title nor
intellectual property rights are transferred to you by access to this
site.
Hyper-Links
Any and all hyper-links provided on this web site which are not owned
and operated by Fox Plays, are links provided as a service to
purchasers and such links are not connected to Fox Plays in any way
commercial or otherwise. Fox Plays has not examined these hyper-links
in complete detail and Fox Plays is not responsible for the content of
these sites to which we have provided links or hyper-links. Purchasers
linking to these sites do so at their own risk and Fox Plays makes no
representations or warranties about the content,
completeness or accuracy of these hyper-links or the sites hyper-linked
to this site. In addition, the inclusion of any hyper-link to a
third-party site does not necessarily imply endorsement of that site by Fox Plays.
Communications
If you choose to communicate with Fox Plays and provide any comments,
suggestions or remarks regarding this web site, you hereby grant Fox
Plays the right to display any such comments, suggestions or remarks as
part of our promotion of this web site without incurring any
liability for royalties or any other consideration or payment of any
kind, and
will not incur any liability as a result of any similarities that may
appear in future Fox Plays operations.
Fox Plays will treat any personal information that you submit through
this site in accordance with its Privacy Policy as set forth on this
site. See Privacy Policy.
Disclaimer
It is most important that you accept and understand that Fox Plays
cannot and does not guarantee or
warrant that files available for downloading from the Internet will be
free of viruses, worms, Trojan horses or other code or codes which may
contain and pass on
contaminating or destructive properties. You are responsible for
safeguarding your hardware, software and files. You are solely
responsible for the establishment of the necessary procedures and
safeguards to satisfy your
particular requirements for accuracy of data input and output. You are
responsible for maintaining a means external to this site for the
reconstruction of any
lost data. Fox Plays does not assume any responsibility or risk
for your use of the Internet.
The content of this web site is not necessarily complete and
up-to-date. Information obtained by using this site is
not exhaustive and does not cover all issues, trends, developments,
topics, or facts that may
be relevant to your goals of writing and selling your plays.
If you choose to use this web site and its content, you do so at your
own risk. The content of this web site is set out and provided “as
is” without warranties of any kind, either expressed
or implied. Fox Plays disclaims all warranties, including any
implied warranties of merchantability, fitness for a particular
purpose, title or non-infringement. Fox Plays does not warrant
that the functions or content contained in this site will be
uninterrupted or error-free, or that defects will be corrected, or that
this site or the server that makes it available are free of viruses or
other harmful components. Fox Plays does not warrant or make
any representation regarding use, or the result of use, of the content
in terms of accuracy, reliability, or otherwise. The content of this
web site may
include technical inaccuracies or typographical errors, and Fox Plays
may
make changes or improvements at any time. You, and not Fox Plays,
assume the entire cost of all necessary servicing, repair or
correction in the event of any loss or damage arising from the use of
this web site or its contents. Fox Plays makes no warranties that your
use of the content will not infringe the rights of others and assumes
no
liability or responsibility for errors or ommisions in such content.
In this web site owned and operated by
Fox Plays, all the information was
created over a period of time and consequently such content may be
relevant only up
to the date when the information was posted on this web site, and Fox
Plays does not undertake any obligation to update
such information after it is posted or to remove such information from
this site if it is not, or is no longer, accurate or complete.
Limitation On
Liability
Fox Plays, its agents, affiliates, service and content providers,
directors, employees and representatives will not be liable for any
incidental, indirect, direct, punitive, actual, special,
consequenmtial, exemplary or other damages, including loss of revenue
or income, pain and suffering, emotional distress, or similar danages,
even if Fox Plays has been advised of the possibility of such damages.
Whatever the outcome or outcomes, under no circumstances or in no event
will the overall or collective liability of Fox Plays and its agents, affiliates, service and content
providers,
directors, employees and representatives to any party regardless of the
form of action be it in contract, tort or whatever, be in excess of
A$100 or the amount the customer has paid to Fox Plays for the goods
and services provided via this web site out of which liability may
arise.
Indemnity
You, the purchaser, will indemnify and hold Fox Plays, its
subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors harmless from any breach of these
Terms of Use
by you, including any use of content other than as expressly authorized
in these Terms of Use. You agree that Fox Plays and its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors will have no liability in connection with
any such breach or
unauthorized use, and you agree to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses, and legal fees
of Fox Plays and its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors in connection therewith. You will
also
indemnify and hold Fox Plays and its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors harmless from and against
any claims brought by third parties arising out of your use of the
information accessed from this site.
Trademarks
Any trademarks, service marks, and logos appearing in this web site are
the
property of Fox Plays or the party that provided the trademarks,
service
marks, and logos to Fox Plays. Fox Plays and any party which provided
trademarks, service marks and logos to Fox Plays retain all rights with
respect to any of their respective trademarks, service marks, and logos
appearing in this site.
Information You Provide
Regarding this web site, you may not
post, send, submit, publish, or transmit any material which
violates any law or
may be considered to violate any law; advocates illegal
activity or discusses an intent to commit an illegal act; advertises any
commercial activity such as offering for sale products or services or
otherwise engages in any commercial activity such as conducting raffles
or contests, displaying sponsorship banners, and/or soliciting goods or
services except as may be specifically authorized on this site; is indecent, obscene or
pornographic; does not pertain
directly to this site;
threatens or abuses
others, libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or
harm children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise; infringes any
intellectual property or other right of any entity or person, including
violating anyone’s copyrights or trademarks or their rights of
publicity; violates any law or
may be considered to violate any law;
impersonates or
misrepresents your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise the origin of
the content; solicits funds,
advertisers or sponsors; includes programs
which contain viruses, worms and/or Trojan horses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications; disrupts the normal
flow of dialogue, causes a screen to scroll faster than other users are
able to type, or otherwise act in a way which affects the ability of
other people to engage in real time activities via this site; includes MP3 format
files;
amounts to a
'pyramid' or similar scheme; disobeys any policy
or regulations established from time to time regarding use of this site
or any networks connected to this site; or contains hyper-links
to other sites that contain content that falls within the descriptions
set out above. You do not have the
right to post, including proprietary material of any third party;
Although under no obligation to do so,
Fox Plays reserves the right
to monitor use of this site to determine compliance with these Terms of
Use, as well the right to remove or refuse any information for any
reason. Notwithstanding these rights, you remain solely
responsible for the content of your submissions. You acknowledge
and agree that neither Fox Plays nor any third party that provides
content to Fox Plays will assume or have any liability for any action
or
inaction by Fox Plays or such third party with respect to any
submission.
Security
Any
passwords used for this site are for individual use only. You will
be responsible for the security of your own password or passwords (if
any). Fox Plays will be entitled to monitor your password and, at
the discretion of Fox Plays, may require you to change it. If you
use a password which
Fox Plays considers insecure, Fox Plays will be entitled to require the
password to be changed and/or terminate your account.
You
are prohibited from using any facilities or services provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed
for compromising security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited. If you become
involved in any violation of system security, Fox Plays reserves the
right to release your details to system administrators at other sites
in order to assist them in resolving security incidents. Fox
Plays reserves the right to investigate suspected violations of these
Terms
of Use.
Fox
Plays reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing Fox Plays to
disclose
the identity of anyone posting any e-mail messages, or publishing or
otherwise making available any materials that are believed to violate
these Terms of Use.
By
accepting this agreement, you waive and hold harmless Fox Plays from
any claims resulting from any action taken by Fox Plays during or as a
result of its investigations and/or from any actions taken as a
consequence of investigations by either Fox Plays or any law
enforcement authority.
Miscellaneous
The Terms of
Use as set out in this document will be interpreted and governed in accordance with
laws of the Commonwealth of Australia in the state of Victoria,
notwithstanding any
principles of conflicts of law. You specifically consent to
personal jurisdiction in the state of Victoria in connection with any
dispute
between you and Fox Plays arising out of these Terms of Use or
pertaining
to the subject matter hereof. The parties to these Terms of Use
each agree that the exclusive venue for any dispute between the parties
arising out of these Terms of Use or pertaining to the subject matter
of these Terms of Use will be in the state and federal courts in
Victoria, Australia. If any part of these Terms of Use is
unlawful, void or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining
provisions. These Terms of Use constitute the entire agreement among
the parties relating to this subject matter. Notwithstanding the
foregoing, any additional terms and conditions on this site will govern
the items to which they pertain. Fox Plays may revise these Terms
of Use at any time by updating this posting.
Last Updated: March 9, 2007
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