Sprout Systems Pty Ltd,
ACCEPTABLE USE POLICY
Acceptance of Terms
Welcome to Sproutix. By using or registering for Sproutix, users and the entities or persons they represent (User or Users) agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use"). Sproutix reserves the right to change these Terms of Use from time to time and at its sole discretion, so please check back periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In addition, when you purchase a ticket with Sproutix, you agree to the terms of our Purchase Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use please do not use Sproutix.
Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of the Sproutix site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this site for any purpose other than to review movie and promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorized by Sproutix to do so. You also agree not to deep-link (linking to any other page than the Sproutix home page) to the site for any purpose, unless specifically authorized by Sproutix to do so.
Registration
In consideration of your use of the Sproutix Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (2) 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 Sproutix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sproutix has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Privacy Policy
Your Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.
Member Account, Password And Security
You will nominate a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify Sproutix of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Sproutix cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Access and use of password protected and/or secure areas of the web site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the web site may be subject to prosecution.
Rules of User Conduct
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent,invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Sproutix Terms of Use; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any employee or representative of Sproutix.
You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.
Sproutix is not responsible for screening, policing, editing, or monitoring the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Sproutix may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content. Notwithstanding the foregoing, neither Sproutix, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Sproutix, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or content on this web site.
User's Grant of Limited License
By posting or submitting content to any User-submit areas of this site, including discussion groups, you automatically grant, or warrant that the owner of such content has expressly granted, Sproutix and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sub-license, copy, distribute, have distributed, and promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Sproutix will not infringe or violate the rights of any third party. You also permits any other User to access, store, or reproduce the content for that User's personal use.
Third Party Sites
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under Sproutix control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by Sproutix, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Sproutix. These third party sites are not, and you acknowledge that Sproutix is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by Sproutix
Copyrights And Copyright Agents
Sproutix respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sproutix's Copyright Agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Proprietary Rights
You acknowledge and agree that the Sproutix.com.au web site is the copyrighted property of Sproutix, and you further acknowledge that the Sproutix.com.au web site may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively Content) that are protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Sproutix owns all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Sproutix, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Content, provided that the copies are made only for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Sproutix is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, except as provided in the preceding paragraph, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements on this site protected by copyright, or other proprietary right without the express written permission of Sproutix. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at info@sproutsystems.com.au
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPROUTIX, ITS SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL SPROUTIX, ITS SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPROUTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPROUTIX LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Sproutix, you agree to defend, indemnify, and hold harmless Sproutix and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Sproutix reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sproutix in asserting any available defences.
Acknowledgment
This Agreement represents the entire understanding between you and Sproutix regarding your relationship with Sproutix and supersedes any prior statements or representations.