Terms & Conditions
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/17/2018.
ACCEPTANCE OF TERMS
Use of the website constitutes your acceptance of the Terms and Conditions.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a information website which has the following description:
To educate users about the branding process we undertake with clients, to explain the width of services we offer to our clients, to show examples of work we have completed for clients, to collect user information, to post helpful information in the form of blogs and newsletters.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Living Lines Branding Agency. At its discretion, Living Lines Branding Agency may offer additional Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Living Lines Branding Agency does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Living Lines Branding Agency shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Living Lines Branding Agency shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalisation settings.
GENERAL TERMS AND CONDITIONS
By using the website, including any software and content contained therein, you agree that use of the website is entirely at your own risk. The website is provided to you as a convenience to provide general information about the services available from Living Lines, but we do not guarantee the accuracy, or completeness of the information.
THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIVING LINES NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY.
Living Lines, or one of its customers, clients or affiliates, is the owner and/or authorised user of any trademark, registered trademark and/or service mark appearing on the website and is the copyright owner or licensee of the content and/or information on the website, unless otherwise indicated. Living Lines does not grant to you a license to any content, features or materials you may access on the website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on the website solely for your personal use or records. If you make other use of the website, except as otherwise provided above, you may violate copyright and other laws of Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. We do not grant any license or other authorisation to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the website.
All rights are reserved to Living Lines. All other trade names, trademarks, logos or service marks displayed on the website belong to their respective owners. We reserve the right to change any information on the website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within the website may provide you with access to other websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to the website” below.) The content of the website may vary depending upon your browser functionality and limitations. For example, you may access various Living Lines client websites by means of the “Case Studies” sections of the website.
CONDUCT OF USERS ON THE WEBSITE
All information submitted to the website, including but not limited to that which is included in any employment inquiries, shall be deemed and remain the property of Living Lines, and we shall be free to use, for any purpose, any and all such information or materials which any user provides to the website. We shall not be subject to any obligations of confidentiality regarding submitted information.
All users herein agree to insure and hold Living Lines Branding Agency, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Living Lines Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Living Lines' sites.
When using the website, you may not:
(1) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website or derived work which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright owner; or
(2) Upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derived works with respect thereto, as the website is copyrighted as a collective work under Australian copyright laws; or
(3) Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, material or soft wear obtained through the website for commercial purposes (other than as expressly permitted by the provider of such material); or
(4) Restrict or prevent any other user from using and enjoying the website; or
(5) Post or transmit any advertisements, solicitations, chain letters, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by the website) or engage in spamming; or
(6) Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
(7) Post or transmit any information or software which contains a virus, or other harmful component.
We have no obligation to monitor the website. You acknowledge and agree, however, that we do retain the right to monitor the website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
Living Lines Branding Agency shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Living Lines Branding Agency shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Living Lines Branding Agency or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Living Lines Branding Agency shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Living Lines Branding Agency's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorised by Living Lines Branding Agency or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Living Lines Branding Agency Services (e.g. Content or Software), in whole or part.
Living Lines Branding Agency herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarise work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorised access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Living Lines Branding Agency for use in accessing our Services.
In the event you have a dispute, you agree to release Living Lines Branding Agency (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Living Lines Branding Agency's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Living Lines Branding Agency and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
Living Lines Branding Agency may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorised manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorised manner.
You herein acknowledge, understand and agree that all of the Living Lines Branding Agency trademarks, copyright, trade name, service marks, and other Living Lines Branding Agency logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Living Lines Branding Agency. You herein agree not to display and/or use in any manner the Living Lines Branding Agency logo or marks without obtaining Living Lines Branding Agency's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Living Lines Branding Agency will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Living Lines Branding Agency may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorised on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorised by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorised to act on the copyright or intellectual property owner's behalf.
The Living Lines Branding Agency Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Living Lines Branding Agency
Attn: Copyright Agent
124 Hampden Road, Abbotsford, Sydney NSW Australia 2046
Telephone: (00 61) 2 9705 0088
This TOS constitutes the entire agreement between you and Living Lines Branding Agency and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Living Lines Branding Agency Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Living Lines Branding Agency Services, affiliate Services, third-party content or third-party software.
WAIVER AND SEVERABILITY OF TERMS
The Terms and Conditions and the relationship between you and Living Lines shall be governed by the laws of Australia, without regard to its conflict of law provisions. At any time, should Living Lines Branding Agency fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please report any and all violations of this TOS to Living Lines Branding Agency as follows:
Living Lines Branding Agency
124 Hampden Road, Abbotsford, Sydney NSW Australia 2046
Telephone: 00 61 2 9705 0088