OZVENTURES WEB SITE

TERMS OF USE AGREEMENT

THE OZVENTURES WEB SITE (THE "SITE") IS AN ONLINE INFORMATION SERVICE PROVIDED BY OZVENTURES ("OZVENTURES "), SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET OUT BELOW. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. OZVENTURES MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

COPYRIGHT, LICENSES AND IDEA SUBMISSIONS
THE ENTIRE CONTENTS OF THE SITE ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. THE OWNER OF THE COPYRIGHTS AND TRADEMARKS IS OZVENTURES, ITS AFFILIATES OR OTHER THIRD PARTY LICENSORS. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. YOU MAY PRINT AND DOWNLOAD PORTIONS OF MATERIAL FROM THE DIFFERENT AREAS OF THE SITE SOLELY FOR YOUR OWN NON-COMMERCIAL USE PROVIDED THAT YOU AGREE NOT TO CHANGE OR DELETE ANY COPYRIGHT OR PROPRIETARY NOTICES FROM THE MATERIALS. YOU AGREE TO GRANT TO OZVENTURES A NON-EXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE, WITH THE RIGHT TO SUB-LICENSE, TO REPRODUCE, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY AND PUBLICLY PERFORM ANY MATERIALS AND OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED PRODUCTS AND SERVICES) YOU SUBMIT TO ANY PUBLIC AREAS OF THE SITE (SUCH AS BULLETIN BOARDS, FORUMS AND NEWSGROUPS) OR BY E-MAIL TO OZVENTURES BY ALL MEANS AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. YOU ALSO GRANT TO OZVENTURES THE RIGHT TO USE YOUR NAME IN CONNECTION WITH THE SUBMITTED MATERIALS AND OTHER INFORMATION AS WELL AS IN CONNECTION WITH ALL ADVERTISING, MARKETING AND PROMOTIONAL MATERIAL RELATED THERETO. YOU AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST OZVENTURES FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT IN YOUR COMMUNICATIONS TO OZVENTURES. YOU ACKNOWLEDGE THAT YOU ARE FULLY RESPONSIBLE FOR THE LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY AND COPYRIGHT OF ALL YOUR SUBMISSIONS AND YOU HEREBY REPRESENT AND WARRANT THAT YOUR SUBMISSIONS DO NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY.

TRADEMARKS
PUBLICATIONS, PRODUCTS, CONTENT OR SERVICES REFERENCED HEREIN OR ON THE SITE ARE THE EXCLUSIVE TRADEMARKS OR SERVICEMARKS OF OZVENTURES. OTHER PRODUCT AND COMPANY NAMES MENTIONED IN THE SITE MAY BE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.

USE OF THE SITE
THESE TERMS OF USE WILL APPLY TO EVERY ACCESS OF THE OZVENTURES WEBSITE AND EACH ACCESS OF INFORMATION FROM OZVENTURES WILL BE A SEPARATE, DISCRETE TRANSACTION BASED ON THE TERMS CURRENT AT THE TIME. YOU UNDERSTAND THAT, EXCEPT FOR INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY OZVENTURES, OZVENTURES DOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION, PRODUCTS OR SERVICES ON THE INTERNET IN ANY WAY. EXCEPT FOR OZVENTURES IDENTIFIED INFORMATION, PRODUCTS OR SERVICES, ALL INFORMATION, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ON THE INTERNET GENERALLY ARE OFFERED BY THIRD PARTIES, THAT ARE NOT AFFILIATED WITH OZVENTURES. YOU ALSO UNDERSTAND THAT OZVENTURES CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJANS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. OZVENTURES PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OZVENTURES SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OZVENTURES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OZVENTURES HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

THIRD PARTY SITES
YOU MAY BE TRANSFERRED TO ONLINE MERCHANTS OR OTHER THIRD PARTY SITES THROUGH LINKS OR FRAMES FROM THIS SITE. YOU ARE CAUTIONED TO READ SUCH SITES' TERMS AND CONDITIONS AND/OR PRIVACY POLICIES BEFORE USING SUCH SITES IN ORDER TO BE AWARE OF THE TERMS AND CONDITIONS OF YOUR USE OF SUCH SITES. THESE SITES MAY CONTAIN INFORMATION OR MATERIAL THAT IS ILLEGAL, UNREASONABLE OR THAT SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE. THESE OTHER SITES ARE NOT UNDER THE CONTROL OF OZVENTURES, ARE NOT MONITORED OR REVIEWED BY OZVENTURES, AND OZVENTURES IS NOT AWARE OF THE CONTENTS OF SUCH SITES. YOU ACKNOWLEDGE THAT OZVENTURES IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF THE CONTENTS OR ANY TRANSMISSIONS RECEIVED THROUGH SUCH SITES. THE INCLUSION OF SUCH A LINK OR FRAME DOES NOT IMPLY ENDORSEMENT OF THIS SITE BY OZVENTURES, ITS ADVERTISERS OR LICENSORS, ANY ASSOCIATION WITH ITS OPERATORS AND IS PROVIDED SOLELY FOR YOUR CONVENIENCE. YOU AGREE THAT OZVENTURES AND ITS LICENSORS HAVE NO LIABILITY WHATSOEVER FROM SUCH THIRD PARTY SITES AND YOUR USAGE OF THEM.

LIMITATION OF LIABILITY
IN NO EVENT WILL OZVENTURES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OZVENTURES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OZVENTURES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

OZVENTURES MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH YOU MAY ACCESS THROUGH THIS ONE OR WHICH MAY LINK TO THIS SITE. WHEN YOU ACCESS A NON-OZVENTURES WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM OZVENTURES, AND THAT OZVENTURES HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE. IN ADDITION, A LINK TO A OZVENTURES WEB SITE DOES NOT MEAN THAT OZVENTURES ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF SUCH WEB SITE.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OZVENTURES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE.

THIRD PARTY RIGHTS
THE PROVISIONS OF THE PARAGRAPHS "USE OF THE SITE" AND "INDEMNIFICATION" ARE FOR THE BENEFIT OF OZVENTURES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE. EACH OF THESE INDIVIDUALS OR ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THOSE PROVISIONS DIRECTLY AGAINST YOU ON ITS OWN BEHALF.

TERMINATION
THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY WITHOUT NOTICE AT ANY TIME FOR ANY REASON. THE PROVISIONS OF PARAGRAPHS "COPYRIGHT, LICENSES AND IDEA SUBMISSIONS", "USE OF THE SITE", "INDEMNIFICATION", "THIRD PARTY RIGHTS" AND "MISCELLANEOUS" SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

MISCELLANEOUS
THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF AUSTRALIA APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED IN AUSTRALIA. YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING BETWEEN OZVENTURES AND YOU FOR ANY PURPOSE CONCERNING THIS AGREEMENT OR THE PARTIES' OBLIGATIONS HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION SITTING IN AUSTRALIA . ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. OZVENTURES'S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY PROVISION OF THIS AGREEMENT. OZVENTURES MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Copyright © 2004 OZVENTURES - All Rights Reserved.