This website ("Site") is provided by Mpowa Pty Ltd, trading as Netpage Holdings ("Netpage"). The Site provides you with: (a) the ability to manage and share clippings taken by you from certain publications by using the Netpage Viewer software application (the App); and/or (b) the ability to access clippings shared with you by another person.
Separate terms govern use of the App. You can view those terms from within the App itself.
1. Your access to and use of the Site is conditional upon your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms. If you do not agree to these Terms, you must not use this Site.
2. You are responsible for obtaining access to the Site, which may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees.
3. Use of the Site and some of its features may require registration via the App or Site. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration process (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Netpage has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Netpage has the right to suspend or terminate your account and refuse any and all current or future use of the Site or the App (or any portion thereof).
4. If you register, you will create a password during the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Netpage of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Netpage cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
7. Your use of the Site is at your sole risk. You understand and agree that the Site is provided on an "as is" and "as available" basis, and that Netpage assumes no responsibility for the Site failing, or for the timeliness, deletion, mis-delivery or failure to store any clippings or personalization settings.
8. You understand that all magazine content the makes up the clippings on the Site (Content) are the sole responsibility of the provider from whom such Content originated. This means that the content provider is entirely responsible for that Content. Netpage does not control the Content, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Netpage be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content shared, emailed, transmitted or otherwise made available via the Site.
9. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content.
10. You acknowledge and agree that the Site, Content and any necessary software used in connection with the Site ("Software") are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The provision of the Site, Software and Content does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
11. Netpage grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
12. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Content. You agree not to access the Site by any means other than through the interface that is provided by Netpage for use in accessing the Site.
13. All copyright and other proprietary notices on Content must be retained on all copies thereof. You may only use the Content for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Site or the Content. Except as expressly permitted by applicable law or as authorized by the App, Netpage or the applicable content provider (such as a publisher), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Content, in whole or in part. The owners of the Content reserve all rights not granted by these Terms.
14. You acknowledge that Netpage and/or the content providers who provide the Content may establish general practices and limits concerning your use of the Site or Content, including without limitation the maximum number of times that Content may be shared in a given period of time. You further acknowledge that Netpage reserves the right to modify these general practices and limits from time to time.
15. Without limiting section 14, you understand that the Content may include security components, or other security measures (such as a sign-in process), that permit digital materials to be protected. You may not attempt to override or circumvent any of these security components or measures.
16. The Site or Content may provide links to other World Wide Web sites or resources. You acknowledge and agree that Netpage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
17. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that Netpage shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
18. To the maximum extent permitted by law, Netpage and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any representations or warranties in relation to the Site or the Content, whether express or implied, including without limitation: (a) as to the accuracy or completeness of the Site or Content; (b) that the Site or Content will meet your requirements; © that the Site or Content will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software; (d) that Netpage endorses any internet site linked from the Site or any third party products or services referred to on the Site; (e) that the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations or (f) any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
19. Netpage shall not be liable for any loss or damage, howsoever caused, incurred in connection with the Site, including without limitation, where such loss or damage occurs as a result of reliance placed upon any information on the Site, including the Content.
20. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 18 and 19 may not apply to you.
21. The information on the Site is subject to change without notice to you. Netpage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Netpage shall not be liable to you for any modification, suspension or discontinuance of the Site (or any part thereof).
22. Unless explicitly stated otherwise, any new features that augment or enhance the Site, shall be subject to these Terms.
23. You agree that Netpage may, without prior notice to you, immediately terminate, limit or suspend your access to the Site or any Content. Cause for such termination, limitation or suspension of access shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines; (b) requests by providers of Content; © requests by law enforcement or other government agencies, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations or suspensions of access shall be made in Netpage's sole discretion and that Netpage shall not be liable to you for such decisions.
24. You agree to indemnify and hold harmless Netpage and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to your breach of any of these Terms, including any attempt by you to override or circumvent any of security components or security measures referred to in section 15.
25. Netpage may amend these Terms at any time without notice to you, and your continued use of the Site constitutes acceptance of the amended Terms. You can review the most current version of the Terms at any time at: http://www.netpage.com/terms.html.
26. The Site and its use are governed by the laws of New South Wales, Australia.s
27. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
28. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Netpage's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.