You acknowledge that we may monitor our websites
and agree that we may take any action with respect to your Content
in accordance with our Policy for Monitoring. The Policy for
Monitoring forms part of these Terms of Use. You must not use
one of our websites or Services if you do not accept the terms
of our Policy for Monitoring.
Our Policy for Monitoring is composed of our Privacy
Policy, and the other relevant details described in these
Terms of use.
Privacy
Our Privacy
Policy sets out the type of information we may collect about
you and the way in which we may use that information.
If you do not agree to the collection, disclosure
and use of information specified in our Privacy Policy, then
you must not use our websites or Services.
Your Links
You must not include links on any of your websites
that you may be hosting with us to other websites which may
contain content which contravenes the terms of these Terms of
Use.
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Intellectual Property & Copyrights
The totality of the intellectual property in the
text, images and software on our websites (including where included
in advertisements) is owned by us unless indicated otherwise.
You are not authorized to modify, copy, republish,
frame, or distribute any of our Content other than as expressly
provided.
Causes for Termination of Agreement
If you breach these Terms of Use or any associated
Service Agreement we may immediately issue a warning, temporarily
suspend, or permanently prevent your access to all or certain
parts of our websites or Services. In any event, we may terminate
the agreement between you and us ruled by these Terms of Use
(and your right to use any of the Services or the websites)
at any time and for any reason without prior notice to you.
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Our Liability Scope
We do not guarantee continuous, uninterrupted or
secure access to our websites and Services. Operation of our
websites and Services may be interfered with by numerous factors
outside of our control. However, we will do any reasonable effort
to provide a secure and safe environment for your information
and for your experience.
Except as provided by law, we provide our websites
and Services "as is", and without any warranty or
condition, expressed or implied. To the maximum extent permitted
by law, we specifically disclaim the implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement.
The views expressed on our websites do not necessarily
represent our views or those of our employees. We accept no
responsibility for any errors, omissions or viruses contained
on our websites or for the accuracy, suitability or otherwise
of the information on our websites. Furthermore, we accept no
responsibility for any links on our websites to webpages not
controlled, associated or affiliated with us. However, we will
do any reasonable effort to provide a reliable, secure and safe
environment for your information and for your experience.
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We will not be liable for any loss or damage you
suffer or liability you incur arising out of or in connection
with the use of our websites or the Services or the information
contained in it, including lost profits or any special, incidental
or consequential damages (however arising, including negligence).
To the extent that we are able to limit the remedies
available under these Terms of Use, we expressly limit our liability
for breach of a condition or warranty implied by virtue of any
legislation to the following remedies (the choice of which is
to be at our sole discretion):
(a) in the case of goods, any one or more of the
following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring
equivalent goods; or
- the payment of the costs of having the goods repaired; and
(b) in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied
again.
Nothing in these Terms of Use is intended to limit
or exclude any liability on our part, where and to the extent
that applicable law prohibits such exclusion or limitation.
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Indemnity
You indemnify us against any action, liability,
claim, loss, damage, proceeding, expense (including legal costs)
(Claim) suffered or incurred by us arising from, or which is
directly or indirectly, related to:
- your breach or non-observance of any term of this agreement;
- any breach or inaccuracy in any of your representations
or warranties; or
- any action or claim brought by a third party which relates
to all or any part of the Content.
In relation to a Claim, we may require you to conduct
the defense, including negotiations for settlement or compromise
prior to the institution of legal proceedings or modify, alter
or substitute any potentially infringing part of the Content
at your own expense, to render the Content non-infringing. You
must comply with any requirement notified to you in accordance
with this clause.
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Compliance with Laws
You must comply with all laws, statutes, ordinances
and regulations which apply to you in relation to your use of
our websites and Services.
What our Relationship is not
No agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship is intended or created
between you and us by these Terms of Use.
Notices to us
Except as explicitly stated otherwise, any notices
to us should be sent by e-mail to support@b-wave.com.au.
We will send notices to you to the e-mail address you provide
to us during the registration process. Any e-mail you send us
is considered received by us up to 24 hours after you have sent
it to us, unless the sending party is notified that the e-mail
address is invalid. However, we will try to attend to your e-mail
as soon as possible.
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General Considerations
These terms are to be governed by and construed
in accordance with the laws of the State of Victoria, Australia.
All users of our websites and our Services irrevocably submit
to the non-exclusive jurisdiction of the courts of the State
of Victoria, Australia. The provisions of these Terms of Use
can be the subject of severance, and if any provision of these
Terms of Use is held to be invalid or unenforceable, that provision
may be removed and the remaining provisions will be enforced.
Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent
of such section. Our failure to act with respect to a breach
of these Terms of Use by you or others does not waive our right
to act with respect to subsequent or similar breaches.
These Terms of Use may not be construed adversely
to us solely because we have prepared them.
These Terms of Use set out the entire understanding
and agreement between you and us with respect to its subject
matter.
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Community Duties and Type of Content
Some of our websites or services are based on specific
communities needs and standards they intend to serve, and are
committed to providing a user-friendly and welcoming environment.
Furthermore, our websites and services have broad appeal to
a wide ranging audience, (including children under guidance
and consent from their parents or guardians). Consequently,
certain types of messages, postings, information and content
("Content") will not be tolerated.
While we are not obliged to, and do not prescreen
our websites, we reserve the right to monitor your use of our
websites and any Content provided by you. Furthermore, we reserve
our right to take any action we consider necessary to protect
our initial intentions about our websites.
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Content which is not acceptable includes spam, chain
letters, flaming, Content which is fraudulent, impinges a third
party's intellectual property rights, impersonates another person
or entity, is unlawful, defamatory, libelous, threatening, intimidating,
harassing, harmful, hateful, abusive, tortuous, vulgar, obscene,
invasive of others' privacy, sexist, racist, of religious nature,
or advocating a religious position or a religious rightfulness
stance, homophobic, violent, degrading, attempts to solicit
personal information from another user, contains sexually explicit
language or images, advertises or promotes the sale of products
or services such as firearms, tobacco or alcohol, adult products
and services and any other products or services we consider
to be inappropriate, Content which in any way impinges on another
user's use or enjoyment of our websites or otherwise breaches
or encourages other users to breach our Terms of Use or Service
Agreements.
We will not accept language that may be offensive
in any way, which include the use of words such as: idiot, bloody,
stupid, imbecile, dumb, fool, liar, etc. This list is not exhaustive
and is only provided as examples of what kind of language will
not be acceptable. The inclusion of words, or phrases, or direct
or euphemistic styles that may be considered offensive, and
hence not acceptable, is unfortunately of a subjective nature,
for which we will remain the final judges to decide if any word,
phrase, or style may be consider offensive, and thus not acceptable
as part of the content of our sites or services.
By accepting our Terms of Use, you agree that we
may take any action in relation to your use of our websites
and services we deem necessary to maintain our Community Standards.
For example, we may:
- edit or delete any Content;
- issue you with a warning notice requiring that you refrain
from providing certain Content.
- suspend or permanently block your use of some or all of
our websites;
- notify any authorities;
- take legal action against you; or
- take any other action we consider necessary to maintain
our Community Standards.
If you find Content you consider breaches our Community
Standards, please contact policies@b-wave.com.au.
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Chatrooms - Service Agreement
This document is the Service Agreement in relation
to your use of any chat rooms that may be located at any of
our websites. This document forms part of the Terms of Use which
governs your use of our websites and Services.
You agree that you will not use any of our websites'
chat rooms to send, post, e-mail or otherwise transmit content
or engage in any behavior that:
- is not consistent with the specific chat room you have entered;
- includes offensive language or sexually explicit material;
- contains any material that contravenes our Policy for Monitoring
or Terms of Use;
- solicits personal information from another user;
- attempts to obtain another user's password;
- disrupts the flow of chat in any of our chat rooms;
- offers for sale any products or services; and
- links to content that breaches our Community Duties, Policy
for Monitoring or Terms of Use.
Furthermore, you agree that you will not:
- forward any information relating to another user without
the express consent of that user; and
- harass or stalk other users by continuing to attempt to
communicate with a user who has requested you to cease contacting
them.
For useful safety tips in relation to the use of
our chat rooms, please see our b-wave safety
tips.
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b-wave safety tips
It is better if you never:
- reveal personal information about yourself, your friends
or your family. Personal information includes information
such as full names, telephone numbers and home addresses;
- reveal your password to anyone if you have one. Remember
that we will never ask you for your password. In the case
of your password, if you have one, you must never reveal it
to anyone except to your parents or guardians, if you are
under the age of 18.
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Be careful if:
- you arrange to meet someone you have met in a chat room.
Remember that people who chat online may not be who they seem.
If you do arrange to meet someone, make sure you meet them
during the day or in a crowded, open place;
- you are requested to provide information about yourself,
your friends or you family. Consider what that information
might be used for, and why you are being asked for that information.
Always check other websites' privacy policies before providing
personal information;
- you download material such as software from the Internet.
Never download material from strangers and always check to
see if the material contains viruses;
- you are buying products or services online or when providing
details such as bank account and credit card details.
Do:
- tell a close friend or family member if you arrange to meet
someone you have met online. Make sure you tell them where
you are going and what time you expect to return;
- if you have a password, change it often;
- tell us if you find material on any of our websites, or
services, or hyperlinks connecting to other websites that
you may consider to be in breach of our Terms of Use, Service
Agreements Privacy Policy or Policy for Monitoring.
It is advisable:
- to buy products and services from providers as local and
near to you as possible;
- if you have to buy products or services from faraway sources,
to be sure to check references and previous histories of those
providers you plan to use.
- that if you arrange to meet with somebody you do not know,
that you try to get some kind of identification from that
person, or some way to verify that person is what she/he says
to be.
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Matchmaking board- Service Agreement
This document is the Service Agreement in relation
to your use of our 'matchmaking board'. This document forms
part of the Terms of Use which governs the use of our websites
and Services.
You must not use our 'matchmaking board' unless
you are over the age of 18. Please be aware that users of our
'matchmaking board' may engage in conversations about sex or
other adult themes. If you are likely to be offended you should
not use this service .
You agree that you will not use distribute any content
or engage in any behavior that:
- is not consistent with the specific chat room you have entered;
- includes offensive language or sexually explicit material;
- contains any material that contravenes our Policy for Monitoring
or Terms of Use;
- solicits personal information from another user;
- attempts to obtain another user's password;
- disrupts the flow of chat;
- offer for sale any products or services; and
- links to content that breaches our Community Standards,
Policy for Monitoring or Terms of Use.
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Furthermore, you agree that you will
not:
- forward any information relating to another user without
the express consent of that user; and
- harass or stalk other users by continuing to attempt to
communicate with a user who has requested you to cease contacting
them;
- solicit or enter paid sexual services;
- engage in buying/selling material of sexual nature that
contravenes any of the State of Victoria laws, or any of the
Commonwealth of Australia laws in that respect.
You agree that if you are requested to stop communicating
with a user, you will do so immediately.
For useful safety tips in relation to the use or
our chat rooms, please see our b-wave safety
tips.
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Matchmaking Board Warning
Remember, people may not be who they seem. If you
arrange to meet someone, remember to tell a close friend or
family member where you are going, who you are meeting and when
you expect to return, and please exercise maximum common sense
in any interaction.
Kids warning
Remember, you must be accompanied by a guardian
if you are under 18. Please ask your guardian to supervise you
now or stop using those of our websites that specify that requirement
until your guardian can supervise you.
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Accountability of our Agents and Business
Partners
Our trusted vendors and business partners may be
responsible for processing or handling some of the information
that we receive. These vendors and business partners are not
authorized to use such information for purposes beyond those
specified by us and are required to preserve the confidentiality
with which we treat such information.
If you feel that Bubblegum Productions or b wave Portal,
or any of our websites or services, or any of our agents, representatives
or employees, is violating these Terms of Use or any of our
other policies or specific agreements, please contact us via
e-mail at policies@b-wave.com.au, by
telephone at 1300 13 WAVE (in Melbourne, Australia), or by postal
mail at:
Bubblegum Productions, Pty.Ltd.,
Attention: Privacy Officer in Charge,
P.O. Box 1303,
Glen Waverley, VIC 3150
Australia
We will post any changes to these Terms of Use and
any of the other sets of policies or agreements 30 days before
their effective date so you will always know what information
you should be aware of before you use our websites or services.
You are responsible for periodically checking our web websites
for changes to these Terms of Use and any of the other sets of
policies or agreements. You may communicate to us any comment
to changes to these terms of use, or any other of our policies,
or agreements by sending an e-mail to policies@b-wave.com.au
