Terms of Service
1. User's Acknowledgment and Acceptance of Terms
2. Eligible Users
You may not use the Site if (i) you are not at least 18 years old, or (ii) you lack legal capacity to enter into legally binding contracts in your country, or (iii) use of the Site or Services is prohibited by law in the country where you are located.
4. Site Content Use
The Content may be used solely for informational, personal, non-commercial purposes. Without the prior written consent of , or unless specifically allowed by certain paid Services, Users are not allowed to copy, download, print, distribute, republish, sell or otherwise use or make the Content available to others. You may not use the Site or any Services provided through or in connection therewith to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct any illegal activity;
5. Intellectual Property
Except materials provided by you and accepted by us (“your data”), you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. Except as to your data, all content, database information, data and services available on, and collected as a whole through this Site, are property of privatedomain.me, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. Certain names, products or services that may be mentioned in the Site may be the trademarks of their respective owners. All rights are reserved. privatedomain.me respects the intellectual property of others.
6. Reservation of Rights / Service
privatedomain.me reserves the right to limit or refuse Users access to the Site or any Service. privatedomain.me reserves the right to change the requirements for accessing the Site and the Services at any time and for any reason at its sole discretion, including changes to membership fees or other fees for Services. privatedomain.me reserves the right to alter, suspend, or discontinue the Site or any of the Services at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. privatedomain.me may at any time block your access to the Site if: i. You have breached any provision of the TOS (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the TOS); ii. privatedomain.me is required to do so by Law (for example, where the provision of the Site, Services or Content to you is, or becomes, unlawful and we are served with a court subpoena); iii. The provision of the Site or Services to you by privatedomain.me is, in privatedomain.me's opinion, no longer commercially viable; or iv. privatedomain.me has elected to discontinue the Site or Services (or any part thereof) privatedomain.me shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.
7. Third Party Web Sites
The Site may provide links to third-party web sites, which are not under the control of privatedomain.me. privatedomain.me makes no representations about third-party web sites. privatedomain.me is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. The inclusion of such links does not imply that privatedomain.me endorses, recommends, or accepts any responsibility for the content of such sites. privatedomain.me shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of a third-party web site or any information or materials received from a third-party web site.
8. Termination and Terms
You remain bound by these terms and conditions until and unless the TOS is properly terminated. You may terminate the TOS provided that you have no outstanding payment or other obligations due to privatedomain.me. privatedomain.me may terminate the TOS and/or your access to the Site or any Services at any time, with or without cause or notice, and without liability. Notwithstanding termination of the TOS by you or by privatedomain.me, the provisions in this TOS shall remain in full force and effect. Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in or through the Site and privatedomain.me is under no obligation to maintain any such data or information.
9. LIABILITY DISCLAIMER, WARRANTY AND INDEMNIFICATION
YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING ANY DATA PROVIDED, IS AT YOUR SOLE RISK. THE ACCURACY, CONDITION AND AVAILABILITY OF THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. privatedomain.me EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. privatedomain.me MAKES NO WARRANTY THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL privatedomain.me, ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TOS (HOWEVER ARISING, INCLUDING GROSS NEGLIGENCE). WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY IN THIS SECTION, THE LIABILITY OF privatedomain.me, AND/OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED IN ALL CIRCUMSTANCE TO $1.00. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD privatedomain.me AND ANY PARENT, SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, AGENT, AND EMPLOYEE (EACH AN “INDEMNITEE”) HARMLESS FROM ANY LOSS, LIABILITY, EXPENSE, CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS' FEES) (COLLECTIVELY “CLAIM”), ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH (i) ANY ACT OR OMISSION BY YOU, INCLUDING, YOUR USE OF THE SITE OR ANY SERVICES OR YOUR BREACH OF THIS TOS OR ANY OTHER AGREEMENT WITH ANY THIRD PARTY OR WITH privatedomain.me, INCLUDING ONE INCORPORATED BY REFERENCE, (ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF privatedomain.me OR ANY THIRD PARTY, INCLUDING ANY ALLEGED OR ACTUAL VIOLATION OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, AND/OR (iii) ANY ACT OR OMISSION ON THE PART OF ANY INDEMNITEE
These TOS shall be governed by and construed in accordance with the laws of Western Australia without regard to the conflict of laws principles thereof. You expressly agree to submit to the exclusive personal jurisdiction of the courts sitting in the city Perth. If any part of the TOS is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. Unless otherwise specified herein, these TOS constitute the entire agreement between you and privatedomain.me with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and privatedomain.me with respect to the Site or Services. No waiver is caused by any failure or delay to exercise or enforce any right or provision of these TOS. You may not assign or delegate all or any part of your rights or obligations hereunder to any third party absent our express consent and any such assignment shall not relieve you of your obligations. privatedomain.me may freely assign or delegate all or any part of its rights or obligations under these TOS without prior notice or consent.