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FEATURE VENUES

TERMS OF USE

General

Welcome to the Internet sites of What's Open ("http://www.whatsopen.com.au" or referred herein as "our," "we," "us," or "the Site;" "You" will hereby represent the user of the website). What's Open includes www.whatsopen.com.au and other sites affiliated with What's Open (each a "What's Open Site"). The following are the rules and terms that govern your use of the What's Open Site and any use you make of the What's Open Site. What's Open reserves the right to modify these terms of use at any time, effective immediately upon reposting of the revised terms on the What's Open Site. If you do not agree with these terms and conditions then you are not authorized to use or access this Site.

Availability of the Website

You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including but not limited to transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Site content at any time.

Permitted Use

You agree that you are authorized to use and view the What's Open Site for your personal, non-commercial use and that you will not duplicate, download, publish, modify, or otherwise distribute any material on this Site for any purpose other than for personal use unless authorized in advance and in writing by What's Open. You also agree not to deep-link to any page on this What's Open Site for any purpose, unless you have What's Open's prior written approval, and agree that all of the content and software on the What's Open Site is property of What's Open and protected by Australia's and other country's laws.

Disclaimer of Warranties and Limitation of Liability

YOUR USE OF THE WHAT'S OPEN SITES IS AT YOUR OWN RISK AND THIS SITE IS PRESENTED "AS IS." ACCORDINGLY, WHAT'S OPEN DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION ON THE SITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL WHAT'S OPEN NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFIT, WHETHER SUCH ACTION ARISES OUT OF CONTRACT, NEGLIGENCE OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WHAT'S OPEN SITES OR ANY INFORMATION ON THE WHAT'S OPEN SITES (INCLUDING ERRORS OR OMISSIONS IN THE CONTENT ON THE WHAT'S OPEN SITES).

WHAT'S OPEN IS NOT LIABLE FOR ANY NON-ACCURATE INFORMATION ON THE SITE. YOU UNDERSTAND THAT WHAT'S OPEN'S INFORMATION CANNOT UPDATE IMMEDIATELY WITH THAT OF THE VENUES AND/OR CLUBS LISTED. WE STRIVE TO MAINTAIN 100% ACCURATE DESCRIPTIONS, SCHEDULES, AND INFORMATION ABOUT OUR PARTNERS AND AFFILIATES, HOWEVER THIS IS SOMETIMES IMPOSSIBLE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY HARM OR LOSSES DUE TO INACCURATE INFORMATION ON THE SITE. WE ALWAYS RECOMMEND VISITING THE SPECIFIC VENUE'S WEBSITE, CALLING THE VENUE'S CUSTOMER CARE LINE, OR VISITING THE VENUE IN PERSON PRIOR TO PLANS TO AVOID COMPLICATIONS.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Copyrights

All copyrighted and copyrightable materials on the What's Open Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files (the "Materials") are copyrighted and all rights are reserved Copyright © 2008 What's Open Inc. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of What's Open. Permission is granted to display, copy, distribute and download the materials on this Site for person, non-commercial and informational use only; provided that, you may not, with the prior written permission of What's Open (a) copy, publish or post any Materials on any computer network, broadcast or publication, (b) modify the Materials or (c) remove or alter any copyright or other proprietary notices contained in the Materials. Any other trademarks, product names and company names or logos within the Site are the property of their respective owners, and may not be copied, distributed, republished, downloaded, displayed, posted or transmitted without the prior written permission of their respective owners.

Any reproduction, publication, further distribution or public exhibition of materials provided at this site, in whole or in part, is strictly prohibited.

What's Open Sites comply with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe your work has been copied in a way constituting copyright infringement, please provide the What's Open DMCA Agent the following information:

  1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

What's Open and whatsopen.com.au are among the trademarks, service marks or registered trademarks owned or exclusively licensed by What's Open Inc. These marks may not be copied, imitated or used, without the prior written permission of What's Open. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress owned or controlled by What's Open and may not be copied, imitated or used, without the prior written permission of What's Open.

Risk of Loss

The risk of loss and title for all items purchased from What's Open and its affiliates pass to you upon delivery to the carrier.

Product Descriptions

What's Open and its affiliates attempt to be as accurate as possible. However, What's Open does not warrant that product descriptions or other content of the What's Open affiliates is accurate, complete, reliable, current, or error-free. If a product offered by What's Open affiliates is not as described, your sole remedy is to return it in unused condition.

Site Policies, Modification, and Severability

Please review our other policies, such as our privacy policy, posted on the What's Open Sites. These policies also govern your visit to our sites. We reserve the right to make changes to our sites, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Security

You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Site and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.

You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorized to use it or is being or is likely to be used in an unauthorized way.

If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate.

We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security.

We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the immediate Site.

You must inform us of any changes to the information you supplied when registering for the Site.

Disputes

By your use of the What's Open Sites, you agree that any dispute will be governed by the laws of Australia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the federal and state courts of Australia.

Links to Other Websites and Services

The What's Open Sites contain links to third party website information, services, and resources. What's Open does not develop or manage the content found on these sites. Any concerns regarding any such information, service, or resource, or any policy of such site, should be directed to the particular third party.

What's Open Communications

You agree that What's Open may send electronic mail to you for the purpose of informing you of upcoming events or other What's Open-related offers, notifying you of significant site changes, or other purposes we deem appropriate.


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