Agreement Between User and Empire Collectables Australia
The websites ("Websites") of Empire Collectables Australia, include but are not limited to those in the .com, .net, .org, .co.uk, .co.nz, or .com.au namespace (eg. www.empire-collectables.com). These Websites are offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
Products
The nature of the Empire Collectables Australia business is that products are updated and revised frequently. Hence products may be altered or discontinued at any time. Empire Collectables Australia reserves the right to limit order quantity at any time without notice. Prices are subject to change without notice.
Personal and Non-commercial Use Limitation
These websites are for your personal and non-commercial use only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these websites without obtaining prior written approval of the proprietor of Empire Collectables Australia.
You may not use any part of the material on the websites of Empire Collectables Australia to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publications, Internet site or other means of distribution without obtaining prior written approval of the proprietor of Empire Collectables Australia.
You must not use any spider, screen scraper, robot, or other automated similar software or device ("Prohibited Device") to use or access the Site in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the Content, without the prior written approval of Empire Collectables Australia. Search engines may access and index content on the Websites provided that they obey the Robots Exclusion Standard and exclude documents with METATAG markings designed to preclude access including indexing, archiving or caching.
All HTML code contained in these Websites is owned by Empire Collectables Australia and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of this code is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Not to Provide Inaccurate or Deceptive Information
As a condition of your use of these Websites, you agree that you will not provide inaccurate or deceptive information when completing forms provided to enable you to enquire about or purchase goods or services.
Empire Collectables Australia reserves the right to monitor email traffic and report instances of fraudulent traffic to the relevant authorites.
Use of Bulletin Board, Chat Rooms, and Other Communications Forums
The aforementioned Websites may contain bulletin boards, chat rooms, or communication facilities (collectively, "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Empire Collectables Australia, and such communications shall not be considered reviewed, screened, or approved by Empire Collectables Australia. Empire Collectables Australia reserves the right for any reason to remove without notice, any contents of the Forums received from users, including without limitation bulletin board postings.
Empire Collectables Australia reserves the right to deny in its sole discretion any user access to its Websites or any portion thereof without notice.
Liability Disclaimer
The content on the aforementioned Websites has been derived from sources believed to be accurate and current. While every effort is made to ensure the reliability, accuracy and completeness of the Content, neither Empire Collectables Australia, it's employees or agents give any representation or warranty to the same; or warrant that any of the functions contained in any Content or that your Access will be uninterrupted or error-free.
The information, software, products, and services published on the aforementioned Websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Empire Collectables Australia and/or its respective suppliers may make improvements and/or changes to these Websites at any time.
Empire Collectables Australia and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained in these Websites for any purpose. All such information, software, products and services are provided "as is" without warranty of any kind. Empire Collectables Australia and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Empire Collectables Australia and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of these Websites or with the delay or inability to use these Websites, or for any information, software, products, and services obtained through these Websites, or otherwise arising out of the use of these Websites, whether based on contract, tort, strict liability or otherwise, even if Empire Collectables Australia or any of its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Linking to the Home Page
Empire Collectables Australia welcomes links to the home page of the Websites, provided that the link is a text link only which directs to the home page of said Websites and the link to the Websites is identified clearly as such on your site.
Linking Conditions
Any link to the Empire Collectables Australia must comply with these General Conditions and the link must not, in the opinion of Empire Collectables Australia, deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Websites, nor place the link in any context which may breach any laws, including but not limited to sections 52 and 53 of the Trade Practices Act (Cth) 1974. Empire Collectables Australia is not liable and you agree to indemnify Empire Collectables Australia to the extent that any such conduct is found to have occurred.
No other linking is permitted unless it is the subject of a separate specific written agreement between you and Empire Collectables Australia.
From time to time, you may notice unusual links appearing across hyperlinks on the Websites. These links are usually highlighted in text of a different colour and when followed also direct the user to other sites. As with other third party websites, the content of those sites is not endorsed or approved by Empire Collectables Australia in any way and are outside our control. These contextual advertising links appear because you have downloaded certain software programs that are designed to create hyperlinks from key words on any websites that users visit.
Links to other web sites
The Websites contain links to third party sites (“Linked Sites”). Linked Sites are not under the control of Empire Collectables Australia, and Empire Collectables Australia is not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (“Subsequent Link”). Empire Collectables Australia provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site.
You link to any Linked Site or Subsequent Site entirely at your own risk.
Registered Trademarks
Empire Collectables Australia product and/or services referenced herein are trademarks or registered trademarks of Empire Collectables Australia. Other product and company names mentioned herein may be the trademarks of their respective owners.
Copyright and Trademark Notices
All contents of these Websites are: Copyright Empire Collectables Australia 2004-2007 and/or its suppliers. All rights reserved.
Government and Statutory Charges
Please note that the prices of products displayed across the Websites, and their associated websites normally exclude Government and statutory charges, unless otherwise stated.
Governing Law
These General Conditions are governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from these General Conditions are subject to the exclusive jurisdiction of the courts in Victoria, Australia.
Modification of These Terms and Conditions
Empire Collectables Australia reserves the right to change at any time, at it's sole discretion and without prior notice, the terms, conditions, and notices under which these Websites are offered.
Any rights not expressly granted herein are reserved.
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