IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE
You agree that the Site itself, as well as all content [including but not limited to web pages, emails, documents, video files, sound recordings, webinars, podcasts, presentations, public events, training courses and materials, graphics, photos, images, artwork, tools, apps, software, products, services, advertisements and/or other materials made available in the Site by the Company or other third parties, as well as the look and feel of all of the foregoing, collectively referred to as the “Content”] are maintained by the Company for your personal use and information and are the property of the Company and/or its third party providers.
Any unauthorized use of the Content may violate the Company’s Intellectual Property rights, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property or other proprietary information without the express written consent of the Company or third party owner.
When sharing on social media or linking to our Site YOU ARE PERMITTED TO USE OUR HEADLINES, and you are authorised to ONLY LINK DIRECTLY TO OUR CONTENT and YOU MAY NOT INSERT any intermediate page, landing page, splash page or any other content in-between. With the express exception outlined in this paragraph:
- No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company.
- Modification of the Content or use of the Content for any other purpose is a violation of the Intellectual Property and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
- You may not distribute, modify, transmit or use the Content of the Site or any Content for public or commercial purposes without the express written permission of the Company.
All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Site, including without limitation the names and trademarks “Marino Rocks Social Café Restaurant™” are either the property of, or used with permission by, the Company.
The Company respects the copyright, trademark and all other intellectual property rights of others. The use of any third party trademarks in the Site is not intended to imply any connection between the Company and the trademark proprietor or any of its products or services, nor any endorsement of the Site by the trademark proprietor, or endorsement of Content by the trademark proprietor.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced in the Site or in any Content in any way, please immediately notify the Company at contact us. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Please go to our Disclaimers page
Disruption of Service
The Company does not warrant that use of the Site will be uninterrupted or error free, that defects will be corrected, or that this Site, the Content, and/or the materials available on this Site are free from bugs or viruses or other harmful components.
The Company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including but not limited to your web service provider service, Paypal/PayflowPro or Stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider.
THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY.
User Generated Content
User generated content [“User Content”] refers to comments posted on our blogs, social networks, message boards or forums, testimonials, suggestions, or any other types of submissions to the Company about the Company or the Site, including but not limited to notes, text, drawings, images, designs, audio, video, or computer programs. You warrant and represent that you own or otherwise have all necessary rights to the User Content, it does not contain any malicious code, and each person depicted has provided their consent.
User Content shall become, and shall remain, the sole property of the Company. No User Content shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Liability and Indemnity
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT PRODUCTS, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, THE PRODUCTS AND/OR RELATED MATERIALS, THE INABILITY TO USE SITE PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY AND EACH OF ITS DIRECTORS, OFFICERS EMPLOYEES, AND AGENTS, HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO (i) YOUR BREACH OF THIS AGREEMENT, (ii) ANY VIOLATION BY YOU OF THE LAW OR THE RIGHTS OF ANY THIRD PARTY, (iii) ANY MATERIALS, INFORMATION, WORKS AND/OR OTHER CONTENT OF WHATEVER NATURE OR MEDIA THAT YOU POST OR SHARE ON OR THROUGH THE SITE, (iv) YOUR USE OF THE SITE OR ANY PRODUCTS THAT THE COMPANY MAY PROVIDE VIA THE SITE, AND (v) YOUR CONDUCT IN CONNECTION WITH THE SITE, CONTENT, PRODUCTS OR SERVICES OR WITH OTHER USERS OF THE SITE, CONTENT, PRODUCTS OR SERVICES.
The Company reserves the right to assume the exclusive defence of any claim for which the Company is entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK.
This agreement shall be governed by and construed in accordance with the laws of the State of South Australia, AUSTRALIA, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the State and Australian Federal courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
In accordance with the US Office of Foreign Assets Control (OFAC) regulations the Company cannot trade with certain countries – check with the US Treasury for the most recent information.
Headings are provided for your convenience only.
Name: MARINO ROCKS COMMUNITY CO-OPERATIVE LIMITED
Address: 1 MARINE PARADE | MARINO SA 5049 | AUSTRALIA
Last Updated: 19 April 2022
Copyright © 2022 Marino Rocks Social Café Restaurant