Kennel Terms of Use

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Terms of Use
The Kennel network of websites ("Portal") is operated under license by "mDev solutions Pty Ltd (ACN 107901682) ("mDev solutions"). The Kennel and mDev solutions are not in any way connected by way of ownership or liability to the National Rugby League (“NRL”) or the Canterbury Bankstown Rugby League Football Club (“Bulldogs”). Your access to the Portal is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Portal (known collectively as "Terms of Use"). Your use of, and/or access to, the Portal constitutes your agreement to the Terms of Use. The Kennel reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Portal.
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General Terms

· Intellectual property and restrictions on use of content on the Portal
· Communication facilities and privacy policy
· User licence to The Kennel
· Advertising, links to third party websites and e-commerce offers
· Disclaimer and limitation of liability
· Termination
· Trademarks of The Kennel and its Affiliates
· Miscellaneous
· Specific terms relating to The Kennel's partners and suppliers
In addition to the terms in this document, there are also specific and additional terms which form part of the Terms of Use and which govern your use of, and access to, certain websites on the Portal. Since you are also bound by these specific terms, you should review them before using these particular sites as they become available to Portal users.

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Intellectual property and restrictions on use of Content on the Portal

All information, text, material, graphics, software and advertisements on The Kennel ("Content") are Copyright ©2003-5 mDev solutions, its suppliers and/or licensors unless expressly indicated otherwise on the the Portal. The Content is protected by Australian and international copyright and trademark laws. Content on The Kennel is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Portal or expressly authorised in writing by The Kennel or its Affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Portal (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Portal in any manner or for any purpose which is unlawful or in any manner which violates any right of The Kennel or an Affiliate or which is prohibited by the Terms of Use.
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Communication facilities

The Portal contains electronic bulletin boards, forums, chat rooms and other communication facilities which provide for feedback by users to The Kennel, real-time interaction between users (including individuals referred to as guests, members, moderators, super moderators and administrators) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:
· restrict or inhibit any other user from using or enjoying any Forum;
· post or transmit any unlawful, threatening, abusive, defamatory, libelous, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
· post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
· post or transmit any material of any kind which contains a virus or other harmful component;
· post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
· delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
· download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
The Kennel may from time to time monitor or review the contents of its Communication Facilities. While The Kennel reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in The Kennel's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, The Kennel has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is The Kennel responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as a guest, member, moderator, super moderator or administrator whose statements on the Portal are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications. This includes posts, emails, IP addresses, identifying information, private messages and MSN or other chat related messaging communications relating to The Kennel or it's members.
The Kennel is not a secure information system and information stored or transmitted by The Kennel may be accessible to system administrators, moderators, members, web hosting entities, ISPs and other voluntary roles at the Kennel as well as third parties in the case of reported posts, threads and disputes.
The Kennel reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
The Kennel reserves the right to cooperate fully with Club (Bulldogs) or the rugby league governing body (NRL) requests to disclose the identity or other information in respect of anyone posting, storing or transmitting any materials which may bring the portal, it's members, the game, club, it's players or officials into disrepute.

The Kennel reserves the right to cooperate fully with user requests to disclose the identity information (including IP address) or other information in respect of anyone posting, storing or transmitting any materials which may bring the portal, it's members, the game, club, it's players or officials into disrepute.

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User licence to The Kennel

By placing any information or other material on the Portal (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to license holder of The Kennel a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of The Kennel and any other party authorised by The Kennel all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request of The Kennel and your expense, you will execute and deliver to The Kennel such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
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Advertising, links to third party websites and e-commerce offers

The Portal contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of The Kennel, and The Kennel is not responsible for the contents of any linked web or any hyperlink contained in a linked website. The Kennel provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Kennel or its Affiliates. You link to any such website entirely at your own risk.
The Portal also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by The Kennel or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by The Kennel, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
The product prices listed in the shopping type sites ("Service") are the responsibility of the relevant retailer and are accurate at the time the retailer notifies The Kennel. They are subject to change without notice by the retailer. The Kennel is not liable for the prices or price changes, including where price changes have not been reflected on the Service sites. Your use of the Service is subject to The Kennel terms of use.
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Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by The Kennel of goods or services on the Portal which cannot be excluded, restricted or modified ("Non-excludable Rights"). The Kennel does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) The Kennel and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Kennel does not warrant that the functions contained in any Content or any Communications Facility or your access to the Portal will be uninterrupted or error-free, that any defects will be corrected or that the Portal or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) The Kennel does not warrant or make any representation regarding your access to, or the results of your access to, the Portal (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not The Kennel) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of The Kennel) will The Kennel or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Portal or any Content. You expressly acknowledge and agree that The Kennel does not exert control over users of the Portal (including individuals referred to on the Portal as guests, members, moderators, super moderators and administrators) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
You expressly acknowledge and agree that The Kennel may pass your details, including but not limited to user id(s), posting history, personal messaging, IP addresses, email addresses or registration details to any third party and is not liable for any damages that result from their use, misuse or misidentification. To the fullest extent permitted by law, The Kennel's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Kennel to the following:
· in the case of services supplied or offered by The Kennel, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
· in the case of goods supplied or offered by The Kennel, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
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Termination

The Terms of Use are effective until terminated by The Kennel, and The Kennel may terminate this agreement and your access to the Portal at any time without notice. In the event of termination, you are no longer authorised to access the Portal, but all restrictions imposed on you, licenses granted by you and all The Kennel disclaimers and limitations of liability set out in the Terms of Use will survive.
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Trademarks of The Kennel and its Affiliates

The trademarks listed below are trademarks of The Kennel its affiliates (where indicated) or simply certain trademarks which are regularly communicated by the users of The Kennel. All trademarks displayed on the Portal are trademarks of their respective owners. Nothing contained on the Portal should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of The Kennel, relevant The Kennel affiliate or third-party owner.
Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant website, but such use requires the express written authorisation of The Kennel or the relevant owner / licensor, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
mDev solutions Pty Ltd: mDev solutions, mDev solutions logo,The Kennel, The Kennel logo, Dogskin.
Canterbury Bankstown Rugby League Club: Bulldogs, Bulldogs logo.
National Rugby League Partnership: NRL
News Corporation: Foxsports, Daily Telegraph
Fairfax Press: Sydney Morning Herald

Microsoft Corporation: Microsoft, the Microsoft Internet Explorer logo, MS, MSN, Windows, Windows NT, Windows XP, Office

ninemsm: ninemsn, ninemsn logo

Hotmail Corporation: Hotmail

Nine Network Australia Pty Ltd: Wide World of Sports, The Footy Show, the Footy Show logo.


vBulletin: vBulletin
Cinvin: Cinvin


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Miscellaneous

The Kennel relies on your continued observance of these Terms of Use. If The Kennel suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify The Kennel for those losses, damages and costs.
The terms of this agreement apply to the full extent possible in relation to the supply by The Kennel of any content or services for the wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service").
This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
 
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