Welcome to the Advance.org website, a site owned and operated by Advance - Global Australians.
I. ONLINE CONDUCT
User agrees to use the Advance.org Website only for lawful purposes. User is prohibited from posting on or transmitting through the Advance.org Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Advance.org is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Advance.org Website (collectively "Content") provided by User (e.g., through a chat, post, or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Advance.org may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Advance.org Website. Advance.org may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Advance.org Website; or (iii) to protect the rights or property of Advance.org and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Advance.org Providers") and any other User.
Advance.org reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Advance, the Advance.org Website, the communities that make up the Advance.org Website, or any rights of Advance.org or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Advance.org Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Advance.org Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Advance.org Website.
”Advance.org”, “Advance”, “Advance - Global Australians”, “Advance - Global Australians. Global Networks” are all trademarks or service marks of Advance.org or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Advance.org and its licensors used on the Advance.org Website may not be used without prior written consent of Advance.org or its licensor, as the case may be. Without limiting the foregoing, no Advance.org trademark or trade dress may be used in connection with any product or service that is not Advance.org's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Advance.org.
a. Proprietary Rights
User acknowledges that the Advance.org Website contains 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 U.S. copyright laws, and Advance.org owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Advance.org Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used with permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Advance.org Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Advance.org at firstname.lastname@example.org by submitting Content to any User-submit areas, including, without limitation, any User reviews, message board posts, blog posts or participation chats, User automatically grants, or warrants that the owner of such Content has expressly granted Advance.org Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute 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. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Advance.org Website retains any and all rights which may exist in such Content.
c. Third-Party Content
Advance.org is a distributor and not a publisher of Content supplied by third parties and Users. Advance.org has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Advance.org or its affiliates or any of their officers, directors, employees, or agents. No Advance.org Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Advance.org Website represents the opinions and judgments of the respective third party providing such Content. Advance.org neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Advance.org Website by anyone other than Advance.org. Under no circumstances shall Advance.org, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Advance.org Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Advance.org Website.
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Advance.org Website to either a foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
Advance.org does not intend the Advance.org Website to be used by minors under the age of 13. Furthermore, Advance.org does not market the Advance.org Website for use by minors under the age of 13. Advance.org relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Advance.org Website are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
Advance.org may suspend or terminate any User's access to all or any part of the Advance.org Website including any account thereon, without notice, for any reason in Advance.org's sole discretion, including without limitation Advance.org's belief that such access would violate any applicable law or would be harmful to the interests of any Advance.org Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Advance.org account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Advance.org account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
The advance.org website is provided by advance.org providers on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each advance.org provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, no advance.org provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Advance.org website, or the information, content, materials or products included thereon; (ii) that the Advance.org website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Advance.org website; or (iv) that the advance.org website, its servers, or e-mail sent from or on behalf of advance.org are free of viruses or other harmful components.
No Advance.org provider guarantees the continuous, uninterrupted or secure access to the Advance.org website or any related services. The operation of the Advance.org website may be interfered with by numerous factors outside the control of any Advance.org provider.
Under no circumstances shall any advance.org provider be liable for any damages that result from the use of or inability to use the Advance.org website, including but not limited to reliance by a user on any information obtained from the advance.org website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Advance.org's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the advance.org website.
No Advance.org provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the advance.org website or the purchase of any product therefrom, even if such Advance.org provider has been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.
X. APPLICABLE LAW; JURISDICTION
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Advance.org Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.
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