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Terms of Use

Please read the following Terms of Use carefully before using any of the websites (each website a "G’day Frank Site" and collectively, the "G’day Frank Sites") operated by R. F. Mackrill & S. K. Mackrill  (Australian Partnership trading as "G’day Frank"). By visiting any G’day Frank Sites or by participating in any of the interactive activities offered on any G’day Frank Site, you agree to be bound by these Terms of Use. Please note that we may, in our sole discretion, modify these Terms of Use without notice to you. Therefore, please continue to review these Terms of Use when using any of the G’day Frank Sites. By continuing to access and use any G’day Frank Site after the Terms of Use have been modified, you will be deemed to have agreed to such modifications.

 

1. Registration and Passwords

Registration is not required to browse the G’day Frank Sites. However, certain features offered on the G’day Frank Sites may require you to submit certain personal information, such as your name, your postal address, your e-mail address, and billing information. When you submit such information on a G’day Frank Site you represent that you are at least 18years of age and that you have the authority to register with such site. When you register we may assign you a login ID and request that you choose a password. You are responsible for maintaining the confidentiality of your login ID and password. You shall be responsible for any use of your login ID and password. In addition, you agree to pay all charges, including taxes, duties or other fees, incurred by you or anyone using your login and/or password.

 

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2. Your Submissions and User Conduct

The G’day Frank Sites may invite users to communicate with one another via chat areas and bulletin boards. Some G’day Frank Sites may also enable users to submit materials to be viewed by or shared with other users. Any communication and/or submission(s) (collectively, "Submissions") made on any G’day Frank Site, including, but not limited to, any notes, reviews, bulletin board postings, ideas, suggestions, concepts, artwork, photographs and sound and video files will become the property of G’day Frank and can be used in any manner or form throughout the world without any time or other restrictions. G’day Frank shall be entitled to edit such Submissions as it sees fit, and it shall have no obligation to use material submitted. You are solely and fully responsible for the content of any of your Submissions to any G’day Frank Site. Your Submissions must strictly conform to the following guidelines:

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  • Your Submissions to the G’day Frank Sites must originate with you and be accurate and current. Your Submissions must not infringe any third-party rights, including, but not limited to, copyright, trademark, publicity, or privacy rights.

  • Your Submissions must not be fraudulent, libellous, defamatory, obscene, pornographic, harassing, abusive, threatening, racially offensive, offensively directed towards people based on their gender or sexual orientation or be otherwise objectionable. If there is any question as to what constitutes objectionable material under these Terms of Use, G’day Frank is the final arbiter of what does or does not constitute objectionable material.

  • Your Submissions must not be harmful to minors in any way.

  • Your Submissions must not advertise or solicit funds.

  • Your Submissions must not use the G’day Frank Sites to advocate or offer instructions as to illegal activities or to violate any applicable laws.

  • You may not make Submissions if you are under the age of 18.

 

Your Submissions must not be in violation of the guidelines set forth in these Terms of Use. Any such violation shall be a material breach of these Terms of Use. G’day Frank will remove from any G’day Frank Site without prior notice any Submissions that violate any provision of these Terms of Use and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violations. In addition, G’day Frank may immediately and without prior notice terminate the right to access the G’day Frank Sites of any user who violates these Terms of Use.

 

You further agree that you will not circumvent our security features, corrupt any content or files on or obtained from any G’day Frank Site, interfere with or in any way disrupt our service or servers, or networks connected to our service or servers, or otherwise violate any applicable law or regulation or these Terms of Use.

 

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3. Downloading Material from the G'day Frank Sites

You are permitted to download only those materials specifically available to download from any G’day Frank Site for your personal use. Any material available for downloading from a G'day Frank Site may not be used for any other purpose other than your personal non-commercial home use. You must not remove any notices or credits on the downloaded materials or delete, add, or otherwise modify the content of any such downloaded materials, unless you have prior written permission from G’day Frank to do so.

 

 

4. Ownership of Materials on the G'day Frank Sites

The G’day Frank Sites and all the materials published or otherwise incorporated on the sites ("Content"), such as text, button icons, interfaces, images, software, illustrations, video clips, audio clips, and other video and audio files are owned exclusively by G’day Frank or by others that have licensed their materials to G’day Frank. The Content is therefore protected by copyright, trade secrets, or by other proprietary rights. You may not copy, download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the Content except as stated in these Terms of Use, on any G’day Frank Site, or with the prior written consent of the owners of the Content.

 

In addition, any of the tradenames, trademarks, service marks and logos (collectively referred to as "Trademarks") that appear on the G’day Frank Sites are owned by G’day Frank or others that have licensed their use to us. Other Trademarks will occasionally be added to the G’day Frank Sites. These Trademarks may not be used in any manner without the prior written consent of their respective owners.

 

 

5. Partner Sites/Linked Sites

The G’day Frank Sites may provide links to other websites for your convenience and enjoyment. Please note that if you access other websites through such links you do so at your sole risk. G’day Frank does not review, endorse, or control any content, advertising, products, services, or other materials on or available through those sites, nor is it responsible for any viruses, Trojan horses, or other items of a potentially destructive nature that they may contain. Your correspondence or business dealings with advertisers, partners, or other third parties through any G’day Frank Site, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that G’day Frank and the G’day Frank Sites will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the link to their sites on any G’day Frank Site.

 

 

6. Disclaimer

G’DAY FRANK IS NOT RESPONSIBLE FOR YOUR USE OF ANY CONTENT FOUND ON OR THROUGH ANY G’DAY FRANK SITE, INCLUDING, WITHOUT LIMITATION, ADVERTISING AND LINKS. BY USING ANY G’DAY FRANK SITE YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT THE CONTENT IS OFFERED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU IN FULL.

 

The G’day Frank Sites and each of their publishers’ respective vendors, agents, licensees, officers, directors, shareholders and employees, shall not be liable for any and all injuries, actions, claims, liabilities, damages, losses, costs or expenses, including reasonable outside attorneys’ fees, arising as a result of your or your child’s use of the G’day Frank Sites. G’day Frank makes no guarantee of availability of service and it reserves the right to suspend, withdraw, change or discontinue any functionality or feature of the G’day Frank Sites. 

 

G’DAY FRANK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN ADVISED OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES).

 

G’day Frank reserves the right to monitor Submissions by those who use the G’day Frank Sites, but it is not obliged to do so. G’day Frank disclaims any responsibility for the Content submitted by users on or through any area of the G’day Frank Sites including, without limitation, chat areas, bulletin boards, and e-mail. G’day Frank cannot and does not seek to limit the opinions and views of our users and such opinions and views, therefore, should not be taken to represent those of G’day Frank. G’day Frank does not represent that the Content and features on or offered through the G’day Frank Sites are appropriate or available for use in all countries.

 

G’day Frank reserves the right to terminate this agreement and/or refuse service to you at any time without notice for any reason.

 

 

7. Infringement and Regulatory Complaints

G’day Frank is committed to respecting the intellectual property rights of others. It will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing it to disclose the identity of anyone downloading or posting materials, or otherwise using this Web Site in violation of applicable laws. If you believe that your proprietary rights, including copyright, have been infringed by any Content posted by users of any G’day Frank Site, please notify G’day Frank. If G’day Frank receives such notice it will promptly respond to, remove, or disable access to, the material that is claimed to be infringing or to be the subject of any infringing activity.

 

When notifying G’day Frank of any claimed infringement, you must provide the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the copyright owner whose work you claim has been infringed;

  • a description of the work you claim has been infringed;

  • a description of the work you claim to be infringing as well as information reasonably sufficient to permit us to locate the material;

  • your address, telephone number, and, if available, your e-mail address;

  • a statement of your good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

  • a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

8. Privacy

Any personal or other information submitted by you and all other Submissions to any of the G’day Frank Sites are subject to our Privacy Policy.

 

 

9. Miscellaneous

You are solely responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the G’day Frank Sites. If any part or portions of these Terms of Use shall be declared invalid, void or unenforceable, the remaining Terms of Use shall remain in full force and effect and shall be interpreted as closely as possible to the manner in which they were written. If any dispute arises between you and us regarding these Terms of Use, the dispute will be governed by the laws of New South Wales, Australia and subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. These Terms of Use set forth the entire agreement regarding all of the matters contained herein and should supersede all prior agreements or negotiations concerning the subject matter of these Terms of Use.

 

 

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