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Terms and Conditions of Use
Terms & Conditions:
1.	Agreement

1.1.	These terms and conditions apply to the use of this web site, including the use of the information services offered on this web site.  

1.2.	In using this web site, you agree to be bound by these terms and conditions.  

1.3.	If you do not accept these terms and conditions, you must refrain from using this web site.  

1.4.	These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

2.	Terminology

2.1.	In these terms and condition, the expressions “we”, “us” and “our” are a reference to CBN Media Pty Ltd ACN 084 044 584, the owner of the web site located at: www.cybershack.com

3.	Membership

3.1.	In order to be able to access some of the information offered on this web site and to post information in the discussion forum, you must become a member.  To become a member, you must complete your registration details in the manner described on the web site and in the discussion forums.

3.2.	We reserve the right to terminate your membership at any time if you breach these terms and conditions.

3.3.	You agree to ensure that your registration details are true and accurate at all times.  Specifically, you must notify us of any change to the registration details as originally supplied.

3.4.	Upon registration, you will be provided with a password and account designation.  If required, you agree to pay for our services in the manner specified on the web site.

4.	Member’s Obligations

4.1.	By registering as a member of our discussion form, you agree to abide by the following terms and conditions:

4.1.1.	You acknowledge that nay information or material submitted by you to the discussion forum is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;

4.1.2.	When you submit material to the discussion forum, you assign all copyright which subsists in such material to us;

4.1.3.	You are responsible for protection the confidentiality of your password (if any);

4.1.4.	You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;

4.1.5.	You agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members;

4.1.6.	You agree not to impersonate any other person;

4.1.7.	You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;

4.1.8.	You agree not to post or transmit any unsolicited advertising or promotional materials;

4.1.9.	Any material which you post may be removed by us from the discussion forum without notice at any time;

4.1.10.	You will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;

4.1.11.	You will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

4.1.12.	You accept that any material or information provided by you may be posted in the discussion form for any other member or guests to read;

4.1.13.	All information provided by us pursuant to these terms and conditions is provided in good faith.

4.1.14.	You accept that any information provided by us in the discussion forum is general information and is not in the nature of advice.

4.1.15.	We derive all information in the discussion forum from sources which we believe to be accurate and up to date as at the date of publication.  We nevertheless reserve the right to update this information at any time. 

4.1.16.	We do not make any representations or warranties that the information provided by us in our discussion forum is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.  You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.

4.1.17.	We do not accept any liability for the accuracy or content of any material posted by other member of the discussion forum.  We are not liable for any loss resulting for any action taken or reliance made by you on any information or material posted by another member;

4.1.18.	We do not accept any responsibility or liability for any information or material which you submit to the discussion forum, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the discussion forum;

4.1.19.	We do not warrant that we will response to questions or comments submitted by you to our discussion forum;

4.1.20.	If you download any material from the discussion forum, you acknowledge that we are not liable to you for any loss or damage, however cause, arising for the downloading or subsequent use of the downloaded material.  You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works form any downloaded material.  IN addition, you may not commercialise any information, products or services from the downloaded material.

5.	Information Service

5.1.	All information provided by us pursuant to these terms and conditions is provided in good faith.

5.2.	You accept that any information provided by us is general information and is not in the nature of advice.

5.3.	We derive our information from sources which we believe to be accurate and up to date as at the date of publication.  We nevertheless reserve the right to update this information at any time. 

5.4.	In addition, we do not make any representations or warranties that the information that we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.  

5.5.	We are not liable for any loss resulting from any action taken or reliance made by you on any information, comments or material posted by us.

5.6.	You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.

5.7.	You agree to use our information service for lawful purposes only.

6.	Disclaimer

6.1.	We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use or of reliance on information contained on or accessed through this web site.

6.2.	To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.  Where legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed include but our liability will be limited for a breach of that condition or warranty to one or more of the following:

6.2.1.	If the breach relates to goods;

6.2.1.1.	The replacement of the goods or the supply of equivalent goods; or

6.2.1.2.	The repair of such goods; or

6.2.1.3.	The payment of the cost of replacing the goods or of acquiring equivalent goods; or

6.2.1.4.	The payment of the cost of having the goods repaired; and

6.2.2.	If the breach relates to services;

6.2.2.1.	The supplying of the services again; or

6.2.2.2.	The payment of the costs of having the services supplied again.

7.	Exception to disclaimer

7.1.	This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

8.	Specific warnings

8.1.	You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

8.2.	You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

8.3.	Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, not do we undertake to keep this web site updates.  We do not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

8.4.	We do not give you any assurances that any information contained on this web site will be suitable for your purposes or that it will be error-free.  You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

8.5.	Our editorial control is limited to the selection of material to make available on this web site.  Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

9.	Third party information

9.1.	Where the information made available over this service contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice not the accuracy or reliability of that opinion or advice.  We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information. 

9.2.	Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with those advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

10.	Copyright

10.1.	Copyright in this web site (including all text, graphics, logos, icons, sound recordings, video recordings and software is owned or licensed by us.  Information procured from a third party may be the subject of copyright owner by that third party.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

10.1.1.	Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

10.1.2.	Commercialise any information, products or services obtained from any part of this web site;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

11.	Trade marks

11.1.	Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.

11.2.	If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.  You must not use any of our trade marks:

11.2.1.	In or as the whole or part of your own trade marks;

11.2.2.	In connected with activities, products or services which are not ours;

11.2.3.	In a manner which may be confusing, misleading or deceptive; or

11.2.4.	In a manner that disparages us or our information, products or services (including this web site).

12.	Restricted use

12.1.	Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use.  You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited.  Without limited the foregoing, you may not without our written permission on-sell information obtained from this web site.

13.	Linked web sites

13.1.	This web site may contain links to other web sites (“linked web sites”).  Those links are provided for convenience only and many not remain current or be maintained.

13.2.	We are not responsible for the content or privacy practices associates with linked web sites.

13.3.	Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operations of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

14.	Privacy Policy

14.1.	We undertake to comply with the terms of our privacy policy which is annexed to these Terms and Conditions.

15.	Security of information

15.1.	Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.

15.2.	Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.

15.3.	Accordingly, any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we received your transmission, we will take reasonable steps to preserve the security of such information.

16.	Termination of access

16.1.	Access to this web site may be terminated at any time by us without notice.  Our disclaimer will nevertheless survive any such termination.

17.	Governing law

17.1.	These terms and conditions are governed by the laws in forces in the State of New South Wales, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

18.	General

18.1.	We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances that are beyond our reasonable control.

18.2.	If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

18.3.	In any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continues in full force.

19.	To return to the web site

19.1.	To return to the web site, http://www.cybershack.com/user/register.  By doing so, you acknowledge that you have read, understood and accepted the above terms of use.

20.	Privacy Policy

20.1.	We may collect site visitors’ contact information (like their email addresses).  Unless you object, this information may be used:

20.1.1.	To send news, information about our activities and general promotional material which we believe may be useful to you;

20.1.2.	To monitor who is accessing the web site or using services offered on the web site; and

20.1.3.	To profile the type of people accessing the web site.

20.2.	If you do not wish to have your personal information used in this manner or for any other specific purpose, you can email us accordingly.

20.3.	We utilize “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site.  A cookie does not identify you personally but it does identify your computer.  You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

20.4.	We will not sell or otherwise provide your personal information to a third party, or make use of your personal information, for any purpose which is not incidental to your use of this web site or the services offered therein.  For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

20.5.	If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measure to observe your request but we may still use or disclose information if:

20.5.1.	We subsequently notify you of the intended use or disclosure and your do not object to that use or disclosure;

20.5.2.	We believe that the use or disclosure is reasonable necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

20.5.3.	We are required by law to disclose the information.

20.6.	We will endeavor to preserve the content of any email you send us if we believe we have the legal requirement to do so.

20.7.	Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

20.8.	Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

20.9.	All personal information which we collect (including your contract details and, if relevant credit card details) is kept confidential to the best of our ability.  You will appreciate, however, that we cannot guarantee the security of transmission.

20.10.	We consider it the responsibility of parents to monitor their children’s use of our web site.

20.11.	You are entitled to have access to any personal information relating to you which you have previously supplied to us over this web site.  You are entitled to edit or delete such information unless we are required by law to retain it.

20.12.	If you wish to comment on or query our privacy policy, or it you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us at contact@cbnmedia.com.au
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