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Terms of Use

   

Terms of Use


Welcome to Focus360. The following are the Terms of Use (these "Terms") that govern use of the Focus360 web sites (collectively, the "Site"). When we say the "Site" we are also referring to the all sections of the Site including, but not limited to sections where you can purchase memberships and products. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Focus360 and each of their respective subsidiaries (collectively "Focus360" or "we") reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms, Focus360 may terminate your use of the Site, bar you from future use of the Site, cancel tickets you receive through the site, cancel your ticket order, and/or take appropriate legal action against you.



Permitted Use


You agree that you are only authorized to visit, view and to retain a copy of pages of this 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 your own information, for personal use, unless otherwise specifically authorized by Focus360 to do so. The content and software on this Site is the property of Focus360 and is protected by Australian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.



Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorisations


 


You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or you provide during any registration, ordering, purchase, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, you may be prohibited from using the Site.



User Contributions to the Site


From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". Focus360 is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of Focus360. Focus360 cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us atinfo@focus360.com.au if the material is on Focus360 site. We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results


The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Focus360 has no control over these sites or the content within them. Focus360 cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Focus360 does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Focus360 for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us atinfo@focus360.com.au if the link is on Focus360 site, and we will investigate your claim and take any actions we deem appropriate in our sole discretion.




Prohibited Content


The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:


  • Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Displays pornographic or sexually explicit material of any kind;
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.



Offline Conduct


Although Focus360 cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Commercial Use


You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication within this site or to users and members of this site.

Access and Interference


You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Focus360.

Unauthorized Use of the Site


Any Illegal or unauthorized use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates, or in the course of violating, these Terms of Use.. It shall also be a violation of these Terms of Use: (a) for any individual (or group of individuals acting in concert) to request, more than 1000 pages of the Site in any twenty-four hour period (hereafter referred to as "Abusive Use"); or (b) to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a pre-sale or other offer on the Site if you are not the original recipient of such passcode.

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages

Violations of these Terms of Use, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Focus360's sole discretion, and without prior notice, Focus360 may terminate your access to the Site, cancel your order or products acquired through your ticket, remove any unauthorized User Content or exercise any other remedy available, if Focus360 believes that your conduct or the conduct of any person with whom Focus360 believes you act in concert, or the User Content you provide through Focus360, violates or is inconsistent with these Terms or the law, or violates the rights of Focus360, a client of Focus360 or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to Focus360 for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that Abusive Use of the Site, as defined above, causes damage and harm to Focus360 in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1000 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of ten dollars ($10.00) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Use being in effect.

Focus360 is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated