1. Introduction

Aspellonyou.com is an online service for individuals ("Service") available over the Internet. Upon notice published through the Service or otherwise, Aspellonyou.com may modify this Agreement at any time. You agree and continue to agree to use the Aspellonyou.com Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.

2. General Terms

2.1 Use

By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, Aspellonyou.com may terminate your right to access the service.

2.2 Discontinue Use

Aspellonyou.com may discontinue or alter any aspect of the Service, including, but not limited to: -
(i) Restricting the availability and/or scope of the Service for certain platforms and operating systems;
(ii) Restricting the times the service is available;
(iii) Restricting the amount of use permitted; and
(iv) Restricting or terminating any User's right to use the Service, at Aspellonyou.com's sole discretion and without prior notice or liability.

2.3 Charges

You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service.

2.4 Content

You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and Aspellonyou.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. Aspellonyou.com and the Aspellonyou.com logo are trademarks of DBS Administration Pty Ltd. All other trademarks appearing on the Service are trademarks of their respective owners.

2.5 Responsibility

Aspellonyou.com claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of its Service. Aspellonyou.com encourages its users to determine and abide by the restrictions the authors and providers of linked-to Web sites have placed upon use of the information contained in those Web sites.

2.6 Conduct of User

You will not engage in any conduct that in the discretion of Aspellonyou.com restricts or inhibits any other person from using or enjoying the Service. You agree to use the Service only for lawful purposes. You certify that you are an individual (e.g., not a corporation) and at least eighteen (18) years of age or have specific permission from a parent or legal guardian to use the Service. You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

2.7 Variation of Server

Aspellonyou.com may elect to electronically monitor the Service for adherence to the Terms of Service and may disclose any Content, records or electronic communication of any kind: -
(i) To satisfy any law, regulation or authorized governmental request;
(ii) If such disclosure is necessary to operate the Aspellonyou.com Service; or
(iii) To protect the rights or property of Aspellonyou.com or its partners.

2.8 Rights of Aspellonyou.com

Aspellonyou.com reserves the right to prohibit conduct, communication or Content which it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law.

3. Disclaimer of warranty and limitation of liability

3.1 Aspellonyou.com's services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation any Aspellonyou.com software licensed to you and the results obtained through the service. Specifically, Aspellonyou.com disclaims any and all warranties, including without limitation:
1) Any warranties concerning the availability, accuracy or content of information, products or services; and
2) Any warranties of title or warranties of merchantability or fitness for a particular purpose. You agree that use of the service is entirely at your own risk.

3.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Aspellonyou.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

3.3 Neither Aspellonyou.com nor any of its companies, associated companies, employees, directors, partners, agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the service.

3.4 You agree to indemnify and hold Aspellonyou.com, its companies, associated companies, employees, directors, partners, agents, affiliates and content partners harmless from any dispute, which may arise from a breach of terms of this agreement. You agree to hold companies, associated companies, employees, directors, partners, agents, affiliates harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to customer's violation of this agreement, including the terms of service or any content placed on the service by you.

4. Miscellaneous

4.1 Governing Law

This Agreement shall be construed and controlled by the laws of the State of Queensland, Australia. Further, the laws of the State of Queensland will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Queensland.

4.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Aspellonyou.com representatives and you. Aspellonyou.com may amend or modify this Agreement or impose new conditions at any time upon notice from Aspellonyou.com to Customer as published through the Service. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

4.3 Independent Contractors

The parties are independent contractors. This Agreement shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.

4.4 Section Headings

The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this agreement.