Antares Terms of Use

 

Please read the following terms and conditions which govern your use of and access to the website owned and operated by SpectrumLab Pty Ltd., located at http://www.acalink.net (the "Website") and your relationship with SpectrumLab Pty Ltd., its affiliates and subsidiaries associated with this Website (collectively "SpectrumLab"). Your use of this Website denotes your acceptance to the terms and conditions herein and the SpectrumLab Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

 

Modifications to these Terms of Use.

SpectrumLab may change the terms and conditions herein from time to time and at any time without notice to you by posting such changes on this Website. By using this Website after any changes to these terms and conditions, you agree to be bound by any such changes. Please periodically visit this section of the Website to review the current version of these Terms of Use.

 

International Information.

This Website may be accessed by users internationally and may contain reference or cross references to SpectrumLab products, programs and services that are not available in your country. Such references do not imply that SpectrumLab intends to make available in your country such products, programs or services or that such product may lawfully be used in or imported into your country.

 

Modifications to the Website.

SpectrumLab reserves the right to modify, revise, or discontinue the Website, or any features, functionality or services provided as part of or in connection with the Website, without prior notice.

 

Linking and Framing.

You are permitted to view the Website only in its full presentation form and are prohibited from "framing" the Website.

 

A. WEBSITE CONTENT

All text, graphs, audio, video and other content appearing on this Website are the property of SpectrumLab or SpectrumLab’s licensors. Except as may otherwise be provided for under the Website, SpectrumLab does not grant you a license to any information, data, software, photographs, graphics, features or other materials (collectively the "Content") you may access on this Website, including, without limitation, any patent, copyright, trademark, service mark or other intellectual property of SpectrumLab or any third party.

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED FOR IN THE WEBSITE, YOU MAY NOT FOR ANY PURPOSE DOWNLOAD, DISTRIBUTE, REVERSE ENGINEER, EXCHANGE, MODIFY, SELL, RENT, LOAN, TRANSMIT, OR SAVE A COPY OF ANY OF THE WEBSITE SCREENS OR CONTENT, EXCEPT AS OTHERWISE PROVIDED HEREIN. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

 

The use of any Content for commercial purposes without a Product License is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use the Content except as expressly provided herein.

SpectrumLab Products.

SpectrumLab reserves the right to discontinue products and other items provided on the Website, or change specifications at any time without notice or liability to any third party, subject to the Terms of any Product License entered into by the parties.

 

Third Party References.

References to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, and trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by SpectrumLab. Any views expressed by third parties on this Website are solely the views of such third party and SpectrumLab assumes no responsibility for the accuracy or veracity of any statement made by such third party.

 

Design and Layout.

The design of this Website is property of SpectrumLab. Elements of the Website, including, without limitation, logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.

 

Objectionable Content.

The Website is a commercial web service not containing any pornographic or any other objectionable material.  However, you acknowledge that by using the Website, you may access content that you may consider offensive, indecent or objectionable. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any Content.

 

Software.

Any software referenced on the Website is copyrighted work of SpectrumLab and/or its suppliers or licensors. Use of such software is governed by the terms of any end-user license agreement that accompanies or is included with the software ("EULA"). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the EULA.

 

Links to Third Party Websites.

This Website may contain links to or be access through links on world wide websites of third parties. Such third parties are not agents of SpectrumLab.  SpectrumLab does not have responsibility for the contents, availability, operation or performance of websites of SpectrumLab third parties, or any other web sites to which this Website may be linked to or from which this website may be accessed.  SpectrumLab does not author, edit or monitor these links or web sites. You acknowledge and agree that SpectrumLab is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with your use of or reliance on any such content available on external web sites or sources.

 

A. FORUMS; USER POSTED CONTENT

 

Forums and User Submissions.

You may be allowed to post materials or information (including, without limitation, resumes, personal information, graphics, images, opinions, comments, questions, product feedback, audio, and musical recording) on certain portions of the Website ("User Submission(s)"). A User Submission is intended to be publicly available to all users of the Website. By using these areas of the Website and posting or transmitting to SpectrumLab for posting such User Submissions, you thereby acknowledge and agree that all User Submissions are publicly available to any viewer of the Website. You further acknowledge and agree that SpectrumLab shall have no responsibility, liability, or obligation to you with regard to the User Submissions, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to SpectrumLab itself. Without limiting the foregoing, you agree that the User Submissions are exempt from the application of SpectrumLab’s Privacy Policy and SpectrumLab has no obligation to maintain the privacy of any User Submissions.

 

Monitoring User Submissions.

SpectrumLab does not pre-screen or have an obligation to monitor User Submissions. However, You acknowledge and agree that  SpectrumLab  shall, in its sole discretion, retain the right to monitor the Website and refuse to post, edit, move or remove any User Submissions, in whole or in part, that  SpectrumLab, in its sole and absolute discretion, deems unacceptable, undesirable, inappropriate or in violation of these Terms of Use.  SpectrumLab may also disclose any information, as it may deem necessary or appropriate to satisfy any law, regulation or other governmental requires to operate the Website properly, to protect SpectrumLab, its customers or users of the Website.  SpectrumLab does not accept any responsibility or liability for the accuracy of or omissions in any User Submissions. Inclusion of User Submissions on this Website does not imply any endorsement by SpectrumLab of the User Submissions.

 

Use of User Submissions.

SpectrumLab is not involved in any transactions between the users who submit User Submissions, and the users who view or use such information. Without limiting the generality of foregoing,  SpectrumLab  is not responsible for any employment, hiring, purchase, lease, rent or other decisions whatsoever made by any person or entity with regard to the User Submissions contained in the Website. Further, please note that SpectrumLab cannot confirm that anyone is who they say they are. You assume all risks relating to and dealings you may undertake with anyone you encounter through the Website.

 

User Conduct.

By posting User Submissions to the Website, you agree to the following conduct guidelines and warrant that:

You will not post anything on the Website that violates the intellectual property rights of others, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights. If you believe that any User Submission infringes your copyrights, you may provide a notification of claimed copyright infringement to SpectrumLab.

 

You will not impersonate any other person, or submit false or inaccurate information about yourself. Your account registration must contain complete and accurate information, including your real name.  You will not post any threatening, harassing, libelous, false, misleading, defamatory, offensive, obscene, or pornographic material, or any material that would violate any applicable laws or regulation. You will not post any chain letters or "spam." You also will not post any advertising, surveys, promotional materials, contents, or any other form of solicitation except in areas specifically designated for such purposes. You will not post serial numbers, activation keys, "cracks," or any other information intended for software piracy or unlicensed use of software. You will not post any threatening, harassing, insulting, defamatory or offensive text about another user. You will not post, upload, transmit, or distribute any content or post any links to third party websites that contain software viruses or any other code, files, or programs designed to interrupt, destroy, modify or limit the functionality of another computer, software or the Website.

 

License to use User Submissions.

By submitting User Submissions for publication on the Website, you grant to SpectrumLab, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sub-license, non-exclusive right to use, reproduce, display, modify, distribute, and create derivative works based upon (in any format whatsoever) the User Submissions for any purpose. You also hereby authorize any third party who lawfully accesses the User Submissions via the Website to make an electronic copy or print in hard copy the User Submissions, or portion thereof, solely for such third party's internal reference purposes within such third party's organization.

 

Links within User Submissions.

If your User Submission includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to  SpectrumLab  a worldwide, royalty-free, sub-license, non-exclusive right to display the Posted Links for so long as the User Submission is available on the Website.  SpectrumLab requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link.  SpectrumLab reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever. Inclusion of any links (Posted Links or others) in User Submissions does not imply any endorsement by or responsibility of SpectrumLab with regard to the contents of sites related to Posted Links.

 

User Feedback.

Except for User Submissions and personal information, if you transmit or otherwise provide to SpectrumLab any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary.  SpectrumLab shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to  SpectrumLab , you are deemed to grant  SpectrumLab  a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.

 

 

C. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION

 

Disclaimer.

THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTRRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY OCNTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM SPECTRUMLAB THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

 

NEITHER  SPECTRUMLAB  NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF  SPECTRUMLAB  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (I) YOUR USE OF THE WEBSITE, (II) YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE, (IV) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF  SPECTRUMLAB  OR ANY THIRD PARTY ON THE WEBSITE, OR (VI) OUT OF ANY BREACH OF ANY WARRANTY.

 

Because some countries or states do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of  SpectrumLab, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the maximum extent permitted by such state law.

 

Reservation of Rights.

All Content made available on the Website shall be deemed and remain the property of  SpectrumLab, and  SpectrumLab  shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information or Content which any user makes available through this Website.  SpectrumLab shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by SpectrumLab in writing or required by law.

 

Indemnity.

You agree to indemnify and hold SpectrumLab harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or any user of your account or related to any violation of these terms and conditions by you or any users of your account.

 

Violations of Terms of Use.

You acknowledge that SpectrumLab has the right, in its sole discretion, to terminate your access to the Website, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of SpectrumLab, interfere with any other user's access or use of the Website, or if SpectrumLab decides that your use is otherwise detrimental to SpectrumLab, the Website, or SpectrumLab’s suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact SpectrumLab office@acalink.net. SpectrumLab may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report.  SpectrumLab does not have any obligation or liability to you for the performance or nonperformance of those activities.

 

Copyrights and Trademarks.

Except where otherwise specified, the contents of the Website are Copyright © 2010 SpectrumLab Pty Ltd. All rights reserved. The logo, Antares™ and the SpectrumLab™ Logo are trademarks of SpectrumLab Pty Ltd.

 

The contents of the Website are subject to protection under Australian, U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside the normal functions of the Website without prior written consent of SpectrumLab.

 

All other marks and names mentioned herein may be trademarks of their respective companies.

Please direct any questions or comments to SpectrumLab in the form of an email (office@acalink.net).

 

Consent to Electronic Form of Contract.

BY YOUR ACCESS AND USE OF THIS WEBSITE, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by SpectrumLab. You acknowledge that you have the necessary hardware and software to access these provisions as posted on SpectrumLab’s web sites and will maintain such hardware and software throughout your use of this Website. You may remove your consent to the electronic form of contracting with SpectrumLab, but in that event, you must provide notice pursuant to these provisions and your authorization to use and access this Website is immediately terminated.

 

General.

The laws of the State of New South Wales, Australia and the United States shall govern use of this Website. Users agree that any action, suit, or proceedings arising from or related to use of the Website shall be brought exclusively in the federal or state courts in the State of Utah without regard to choice of law or conflicts of law provisions. The failure of SpectrumLab to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision and the other provisions of these terms and conditions shall remain in full force and effect.