1) Agreement
By accessing and using Zone54, you agree to be bound by these terms and conditions.
We may change the Zone54 Terms at any time. If we do, an amended version of the Zone54 Terms will be posted on Zone54. You are responsible for ensuring that you regularly review the Zone54 Terms and your continued use of Zone54 after any changes are made to the Zone54 Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the Zone54 Terms, or otherwise become dissatisfied with your membership of Zone54, your only remedy is to immediately:
discontinue your use of Zone54; and/or
terminate your membership in accordance with the Zone54 Terms.
2) Membership
You must be at least 18 years old to become a member of Zone54. You must not attempt to register if you are under 18 years old. When registering as a member of Zone54, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account Settings. As a member, you are permitted to create one Zone54 profile for yourself. You must not create multiple member profiles. All personal information you provide to us will be treated in accordance with our Privacy Policy.
3) Termination and Suspension
You may terminate your membership of Zone54 at any time by logging into your account and selecting the 'account' > 'settings' > 'privacy' page and then selecting the 'delete profile' link.
We reserve the right to, without limitation, do any or all of the following in relation to your membership:
1. Suspend your membership;
2. Permanently or temporarily hide all or part of your member profile;
3. Modify your member profile;
4. Terminate your membership for any reason by providing notice to you by email;
5. Terminate your membership immediately without notice to you if you have committed a breach of the Zone54 Terms;
6. Deactivate your membership if you have not used Zone54 for a period of 6 months or more (from the date of last use) and/or permanently or temporarily block your access to all or part of Zone54.
4) Service and Features
As a member, you have the ability to access chargeable features and services available on Zone54 (such as Zone54 email, Zone54 instant messaging, subscription services or any other chargeable service or feature that becomes available from time to time).
Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on Zone54 under the account upgrade page. Any such additional terms and conditions form part of the Zone54 Terms. We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on Zone54.
We reserve the right to change the pricing for any chargeable service or feature on Zone54 at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of Zone54 or terminate your membership in accordance with the Zone54 Terms. Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on Zone54 will be stated GST inclusive.
In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.
While we use reasonable endeavours to ensure that Zone54 is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to Zone54 may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
5) Refunds
In no event will you be entitled to any refund of payments for chargeable services or features pre-paid by you. You agree that payments you make for our services provided are final and that refunds are not given. Also if you should cancel your membership with contact or SMS credits still valid, you voluntarily give up the right to be refunded any money to the value of unused credit or otherwise. We will review requests for refunds at our sole discretion.
6) Secure Access
You are responsible for maintaining the confidentiality and security of your Zone54 member name and password. You are wholly responsible for all activities that occur under your Zone54 member name and password. You agree to immediately notify Zone54 of any unauthorised use of your Zone54 account. You must ensure that you exit from your Zone54 account at the end of each session. Zone54 may at any time request a form of identification to verify your identity and/or your compliance with the Zone54 Terms.
7) Content
Any images, sounds, or text (Content) that you transmit or post on Zone54, or otherwise transmit to any other member of Zone54 by any other means, must be complete and accurate.
You agree not to post or transmit on Zone54, or otherwise transmit to any other member of Zone54 by any other means, Content that:
1. Is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
2. Is false or misleading in any way;
3. Infringes the rights of any third party;
4. You do not have a right to make available under any law or contractual obligation;
5. Is sexually explicit or contains sexual references / innuendo;
6. Pertains to group sexual activity or soliciting contact for the purpose of extra marital (martial, de facto or relationship) encounters or affairs;
7. Contains restricted or password only access pages, or hidden content; or
8. Contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
Without limiting the above, you must not transmit or post on Zone54, or otherwise transmit to any other member of Zone54 by any other means, any images that contain:
images of any person other than you;
9. Nudity or pornography
10. Images of animals;
11. A cartoon or illustration.
12. Commercial advertising, your own advertising or business details
13. Images covered by copyright for which you have no permission to publish
You are solely responsible for Content that you transmit or post on Zone54, or otherwise transmit to any member of Zone54 by any other means.
We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on Zone54, or otherwise transmitted to any member of Zone54 by any other means, by any person.
We reserve the right, but have no obligation, to review Content transmitted or posted on Zone54, or (where possible) otherwise transmitted to any member of Zone54 by any other means.
Without limiting your responsibilities under the Zone54 Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Zone54 Terms or otherwise has the potential to harm, endanger or violate the rights of any person.
We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on Zone54, or otherwise transmitted to any other member of Zone54 by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on Zone54, or otherwise transmitted to any other member of Zone54 by any other means.
8) Use of Zone54 and Prohibited Activities
You agree not to use Zone54 (or contact any other Zone54 member) to:
defame, abuse, harass, stalk, threaten or otherwise offend others;
engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
impersonate or create a profile for any person or entity;
promote, or provide information about, illegal activities or conduct;
promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
exploit any person under the age of 18, or to solicit information from anyone under 18; or
solicit money, passwords or personal information from any person.
You also agree not to use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of Zone54;
"frame" or "mirror" any part of Zone54 without our prior written authorisation;
use code or other devices containing any reference to Zone54 to direct other persons to any other web page;
except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Zone54 or cause any other person to do so.
Zone54 is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. Zone54 must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to Zone54 is prohibited.
We have no obligation to monitor any member's use of Zone54, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
9) Safe Interaction, Complaints and Disputes
Unfortunately, it is possible that other members of Zone54 may use Zone54 in violation of the Zone54 terms. For example, it is possible that another member may post or transmit on Zone54 Content that is obscene or offensive, or use Zone54 to harass you.
We take your online and offline security very seriously. We urge you to be cautious when interacting with other members of Zone54. You should carefully select the Content that you post or transmit on Zone54, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on Zone54, or otherwise transmit to any other member of Zone54 by any other means, will be considered non-confidential.
If you are experiencing problems with any other member of Zone54 and would like to make a complaint, please send us an email via the Contact Us (http://www.zone54.com.au/index.php?m=contactus) page.
Note that you can also use the Zone54 "blocking" feature if you wish to stop any other member from viewing your profile or contacting you.
We may record and store any information relating to any complaint made against you.
We reserve the right, but have no obligation, to monitor disputes between members of Zone54.
You agree to hold us harmless in connection with any dispute or claim that you make against any other member of Zone54.
10) Intellectual Property
We own and retain all proprietary rights in and relating to Zone54. Proprietary rights in and relating to Zone54 must not be used in any way without our prior written consent.
You warrant that any Content that you post or transmit on Zone54, or otherwise transmit to any other member of Zone54 by any other means, will not infringe the intellectual property rights of any third party.
Subject to our obligations under our Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on Zone54, or otherwise transmitted to any member of Zone54, other than their own Content, without the express written permission of the relevant owner.
If you believe that any Content has been posted or transmitted on Zone54, or otherwise transmitted to any member of Zone54 by any other means, in violation of your rights, please send us an email via the Contact Us (http://www.zone54.com.au/index.php?m=contactus) page.
11) External Activities
From time to time, Zone54 may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
External Activities may be subject to separate terms and conditions.
You acknowledge that you participate in any External Activities entirely at your own risk.
In relation to External Activities conducted by any third party (even if such third party has been contracted by us or Zone54 is associated with such activity) we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Zone54 Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
12) Third Party Websites and Advertising
From time to time, Zone54 may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of Zone54 and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave Zone54 entirely at your own risk.
From time to time, Zone54 may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
13) Limitation of Liability and Indemnity
You acknowledge that you use Zone54 at your own risk.
You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with Zone54, or any other members' use of or conduct in connection with Zone54, in any circumstance.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with Zone54, including any breach by you of the Zone54 Terms.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Zone54 Terms, might apply in relation to your use of Zone54.
To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for any chargeable service or feature on Zone54 purchased by you during the term of your membership.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
14) General
No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Zone54 Terms or your use of Zone54.
The Zone54 Terms represent the entire agreement between you and us regarding your use of Zone54.
If any provision of the Zone54 Terms is held to be invalid, the remainder of the Zone54 Terms shall continue in full force and effect. You agree that the Zone54 Terms will be governed by the laws of Australian Capital Territory.