Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the web site or use any services. If these terms and conditions are considered an offer by manual-surf.com, acceptance is expressly limited to these terms.
1. Your manual-surf.com Account. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Manual-Surf of any unauthorized uses of your account or any other breaches of security. manual-surf.com will not be liable for any acts by You, including any damages of any kind incurred as a result of you using any of our services.
2. Responsibility of Contributors. If you post material to the Web site, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (any such material), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
3. Fees and Payment. Optional premium paid services and or products available on the Web site. By selecting a premium service you agree to pay Manual-Surf the monthly or annual subscription fees (or fees as) indicated for that service. Payments will be charged on the day you sign up for a premium service or purchase a product and will cover the use of that service / Product for a monthly, annual or lifetime period as indicated. Premium service fees & Monies paid for products are not refundable due to the digital nature of said product & services.
4. Responsibility of Web site Visitors. Manual-Surf has not reviewed, and cannot review, all of the material, including computer software, posted to the Web site, and cannot therefore be responsible for that material''s content, use or effects. By operating the Web site, Manual-Surf does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Manual-Surf disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Web sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which manual-surf.com links, and that link to manual-surf.com. Manual-Surf does not have any control over those non-Manual-Surf web sites and web pages, and is not responsible for their contents or their use. By linking to a non-Manual-Surf web site or web page, Manual-Surf does not represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Manual-Surf disclaims any responsibility for any harm resulting from your use of non-Manual-Surf web sites and web pages.
6. Copyright Infringement. As Manual-Surf asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by manual-surf.com violates your copyright, you are encouraged to notify Manual-Surf. Manual-Surf will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Manual-Surf or others, Manual-Surf may, in its discretion, terminate or deny access to and use of the Web site. In the case of such termination, Manual-Surf will have no obligation to provide a refund of any amounts previously paid to Manual-Surf.
7. Intellectual Property. This Agreement does not transfer from Manual-Surf to you any Manual-Surf or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Manual-Surf. manual-surf.com, the manual-surf.com logo, and all other trademarks, service marks, graphics and logos used in connection with manual-surf.com, or the Web site are trademarks or registered trademarks of Manual-Surf or Manual-Surf licensees. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Manual-Surf or third-party trademarks.
8. Changes. Manual-Surf reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Manual-Surf may also, in the future, offer new services and/or features through the Web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. Manual-Surf may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your manual-surf.com account (if you have one), you may simply discontinue using the Web site. Notwithstanding the foregoing, if you have a Premium Services account, such account can only be terminated by Manual-Surf if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Manual-Surf notice to you thereof; provided that, Manual-Surf can terminate the Web site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Web site is provided "as is". Manual-Surf and its suppliers and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Manual-Surf nor its suppliers and licensees, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
11. Limitation of Liability. In no event will Manual-Surf, or its suppliers or licensees, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interpretation of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Manual-Surf under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Manual-Surf shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Indemnification. You agree to indemnify and hold harmless Manual-Surf, its contractors, and its licensees, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys'' fees, arising out of your use of the Web site, including but not limited to out of your violation this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between Manual-Surf and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Manual-Surf, or by the posting by Manual-Surf of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of Western Australia, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Australia. Except for claims for injunction or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in Perth, Western Australia, in the English language and the arbitrary decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys'' fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties'' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.