TERMS AND CONDITIONS OF SUBSCRIPTION
You must read and agree to these terms and conditions before your subscription can be activated. Please read them carefully.
For good and valuable consideration, the sufficiency of which is acknowledged by you and Pacific Spitfires , you hereby agree to become a subscriber to Pacific Spitfires (the "Service"), and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are ("You" or "Subscriber"), and the owner of Pacific Spitfires website, P Lloyd Pacific Spitfires (the "Company"). Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide you all the privileges of a subscription to this site available to a Subscriber in good standing. This Agreement is subject to change by the Company at any time, and changes are effective upon notice to the Subscriber by e-mail or by posting at or via hyperlink to this site.
Pacific Spitfires – 12 months Membership with auto-renew for a further period until cancelled.
Today's charge is: $25 AUD for 12 months membership
At the companies discretion and for nil consideration, subscribers also gain full access to the website 'Antipodean Hawk' (http://www.antipodeanhawks.com) .
Pacific Spitfires – Membership is for a period of 12 months
Membership will auto-renew for a further period of 12 months unless cancelled prior to the end of the membership period.
The company employs a third-party subscription management system provided by PayPal (www.paypal.com). You will be required to provide your name, e-mail address, and credit card information to PayPal in order to subscribe to the site Pacific Spitfires.
The company reserves the right to terminate your Pacific Spitfires subscription if the company learns that you have provided false or misleading registration information.
The Company may terminate your Subscription at any time, and without cause. The company reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access Pacific Spitfires and/or any other service provided to you by the Company upon any breach by you of the Terms of Service. You agree to be personally liable for all charges incurred by you during or through the use of this site. Your liability for such charges shall continue after termination of your membership for any reason.
The company Terms of Service may modify these Terms of Service from time to time in its sole discretion. Each time you log on to Pacific Spitfires, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we will post a note on Pacific Spitfires stating that the Terms of Service has changed.
Pacific Spitfires may be modified with or without notice to you and without liability to you or any third party. If Pacific Spitfires is discontinued for any reason, subscriptions will not be refunded.
Subscriptions Are Non-Transferable: Subscriptions may not be assigned or transferred to any other person or entity. Nor may you provide any other person or entity access to your subscription, either directly or indirectly. This includes, but is not limited to, sending your username and/or password to other parties and making your user name and/or password available where others may access them. You must keep your password strictly confidential. Allowing others to gain unauthorized access to this site is a breach of this Agreement and a violation of law.
VIEWING, ACCESSING AND DOWNLOADING THE MATERIALS
You agree not to access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You further acknowledge that the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Materials, directly or indirectly.
You acknowledge that (i) the company permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights.
You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of the Materials in which you are directly or indirectly involved, including, but not limited to causing or enabling others to access, view, download, receive or otherwise use the Materials, directly or indirectly, shall constitute intentional infringement(s) of this site's and potentially others intellectual property rights and other rights in the Materials, and may also constitute a violation of the Companys copyrights and other rights.
You agree to be personally liable and fully indemnify the Company for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from the Service alone, or with or under the authority of, any other person(s), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, legal fees and costs, including, without limitation, damages resulting from prosecution.
LIMITED NON-EXCLUSIVE LICENSCE GRANTED TO SUBSCRIBER
Subject to the terms and conditions set forth herein, this site hereby grants you a limited, non-exclusive and non-transferable license to use the Materials during the period in which you are a current Subscriber in good standing. You may use the Materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if this site makes downloadable copies of the Materials available, you may make only a single copy of such Materials for your personal use and enjoyment.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Pacific Spitfires of any unauthorized use of your subscription and or password.
You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, de-compiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant you any rights to any software enhancements or updates of any kind.
Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through this site are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of this site, and all Materials and other matter used directly or indirectly in, at, by, through and/or with this site are protected by the copyright laws of Australia, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at this site shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Materials in your possession.
NO EXPRESS OR IMPLIED WARRANTIES
you understand and agree that any material and/or data downloaded or otherwise obtained through the use of the company is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
you understand and agree that the company does not guarantee the accuracy or completeness of any information in or provided in connection with the site. the company is not responsible for any errors or omissions or for the results obtained from the use of such information.
the company shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in the company. your participation is solely at your own risk. no advice or information, whether oral or written, obtained by you from the company, its employees, consultants and/or experts shall create any warranty not expressly made herein.
the company is not responsible for the content on the internet or world wide web pages that is contained outside pacific spitfires site.
As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against THE COMPANY with respect to such sites.
Remedies for Breach of these Terms by You. In the event that THE COMPANY determines, in its sole discretion, that you have breached any portion of these Terms of Service, reserves the right to discontinue your subscriptions(s) with Pacific spitfires and/or any other action which the Company deems to be appropriate.
If your subscription(s) with or ability to access Pacific spitfires and/or any other service provided to you by the Company is discontinued by the Company due to your violation of any portion of these Terms of Service, then you agree that you shall not attempt to re-register with or access Pacific spitfires and/or any other service provided by the Company through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, the Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections above without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The Company may assign its rights and obligations under these Terms of Service and upon such assignment the Company may be relieved of any further obligation hereunder.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Pacific Spitfires) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of the Company be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
the Company reserves the right to charge fees, surcharges and/or membership fees at any time.
LIMITATION OF LIABILITY
The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through this site.
You agree to indemnify and hold each of the Company., their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
The material on this website is unless stated otherwise, copyright © P Lloyd Pacific Spitfires and may not be reproduced without our express permission. You may view the website and download any part(s) of it to file or printer for a non-commercial purpose of private reference, research or study. The contents must not be used for any commercial purposes and the material or any part of it is not to be incorporated or distributed in any work or in any publication in any form without the prior written consent of P Lloyd Pacific Spitfires. For correspondence concerning copyright infringement, permissions requests and related enquiries, email@example.com
No reliance should be placed on the information on this site. While we endeavour to keep our information accurate and up to date, no warranty is given as to the accuracy of any information nor the performance or availability of the website. If you have specific queries you should contact us for guidance at firstname.lastname@example.org. Any term, warranty or condition express or implied or statutory to the contrary is excluded to the fullest extent permitted by law. P Lloyd Pacific Spitfires assumes no liability for any loss which may arise from reliance on information contained on this website or in respect of any error or omission of the website.
Notices from this site to Subscribers may be given by means of e-mail, communications from you to the Company may be made by e-mail. All questions, complaints, or notices to this site may be sent by means of e-mail email@example.com or other e-mail address as may be notified on the site.
You are responsible for providing all personal computer and communications equipment necessary to gain access to you Subscription. Access to and use of you Subscription is through the use of a username and password.
This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of this site, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under Australian law.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, LEAVE NOW!
Copyright© 2004-2016 – P Lloyd Pacific Spitfires - All Rights Reserved.
updated 8 November 2016
previous update 28 November 2015