. The Icon Island services (the "Services") are provided by Media Horizons Pty Ltd (ACN 094 171 589) trading as Icon Island ("Icon Island") to the user ("You" or "User") under the terms and conditions of this Terms of Use Agreement (this "Agreement"). BY COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY. 1. REGISTRATION. To subscribe to the Services, You must complete the Icon Island registration screen. As part of the registration process for the Services, You agree to: (1) provide certain limited information about You as prompted to do (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. Icon Island reserves the right to refuse or discontinue the Service to any or all users at any time. 2. SOFTWARE AND OTHER INTELLECTUAL PROPERTY During use of the Services, Users may download certain software connected to the Service. In accordance with Your authorized use of the Service, Icon Island grants You a limited license to use the Software solely in connection with the Services offered by Icon Island. You acknowledge that the Software downloaded in connection with the Services is proprietary to Icon Island and is protected by local, state, national and international laws; therefore, You are only permitted to use this software as expressly authorized by the Service and this Agreement. You may not copy, reproduce, distribute, or create derivative works of the Software. Further, You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Software. All rights not expressly granted in this Agreement are reserved to Icon Island. You understand and agree that any uploading or downloading will be at your sole risk and Icon Island shall not be responsible to You in any way. Further, Icon Island does not provide any warranty as to Your use of any third party content or software that You download from the Icon Island site. ("Icon Island") and the Icon Island logo, and other names, logos, icons and marks identifying Icon Island's products and services are trademarks of Icon Island and may not be used without the prior written permission of Icon Island. All computer code, text and graphical content and icons used in the Service are copyrighted and may not be reproduced in any form. International patents are pending over the core functionality of the Service. 3. SECURITY (a) During the registration process, You must select a Password and User Name, which will be a current email address belonging to You. You agree to carefully safeguard Your Password, User Name, and account and You agree that You shall at all times remain solely responsible for maintaining and protecting the confidentiality of your Password and account information and You are solely responsible for any and all activities that occur under Your account. 4. ADVERTISERS AND SPONSOR LINKS Any dealings with any advertiser or sponsor appearing on the Service is solely between You and that party. Icon Island is not responsible for any claim or representation made by an advertiser through the Service. 5. USER CONDUCT You are solely responsible for the content of Your transmissions through the Service. Icon Island does, however, reserve the right to take any action with respect to the Services that Icon Island deems necessary or appropriate in Icon Island's sole discretion if Icon Island believes You or Your transmissions or use of the Services may violate the rights of others, these rules or any applicable laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: to comply with all laws, rules and other regulations applicable in connection with the Service;(2) not to interfere or disrupt networks connected to the Service; (3) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) not to use or transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature and (5) You will not interfere with another users use and enjoyment of the Service. 6. PRIVACY You agree that you have read the Icon Island Privacy Statement and agree to our use of Personal Information in accordance with that Statement. You acknowledge that the Privacy Statement may change from time to time and that Icon Island does not guarantee to notify each user individually of such change. Each time You use the Service you will be accepting the Privacy Statement as then current. If your browser is set to accept cookies then you expressly accept the use of cookies and other agents that allow Icon Island to recognise its users and their preferences. 6. LINKS TO THIRD PARTY SITES Icon Island may provide links to third party sites for Your convenience. Icon Island accepts no liability for any content or for any policies related to those sites. The inclusion of any link does not imply an endorsement of that site by Icon Island. 7. MODIFICATIONS Icon Island may amend this Agreement by posting of new Terms on the site . Icon Island will use reasonable measures to alert users to such change (e.g. by highlighting the link) but makes no guarantee to inform users individually. Each time You use the Service you will be accepting the Terms and Conditions as then current. Furthermore, Icon Island reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. Icon Island shall not be liable to You or any third party should Icon Island exercise its right to modify or discontinue the Service. 8. EXCLUSION OF WARRANTIES AND DISCLAIMER To the extent permitted by law, Icon Island excludes all excludable conditions and warranties implied by custom, law or statute. The service is provided on an "as is" basis and Icon Island makes no representation as to its merchantability, suitability or fitness for any purpose. Icon Island does not warrant or make any representation as to the reliability, timeliness, completeness ,accuracy or security of the Service. ANY CONTENT YOU DOWNLOAD FROM THE ICON ISLAND SITE IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. 10. LIMITATION OF LIABILITY 10.1 To the extent permitted by law, Icon Island will not be liable to You for any loss or damage suffered in connection with the Services or any consequential , indirect or punitive loss or damages (including but not limited to any loss of data, loss of income or profits) in connection with the Services including, but not limited to, any of the following: a) failure to provide the services b) corruption or loss of data c) defects, faults or viruses, d) changes, suspension or discontinuance of the Services e) Content sent or received through the site f) Any third party link or advertiser link or representation 10.2 If the liability limitation within clause 10.1 is not permitted by law, any loss will be limited to the amount paid by the User for the Services, or A$10, whichever is the greater. 11. INDEMNITY You hereby agree, at Your expense, to indemnify, defend and hold Icon Island harmless from and against any loss, cost, damages, liability, expense, arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, Content or other content submitted by You, (b) any fraud or manipulation, or other breach of this Agreement, by You, or (c) any third-party claim, action or allegation brought against Icon Island arising out of Your use of the Software or Services. 12. GENERAL TERMS 12.1 This Agreement is governed by the laws of the State of New South Wales, Australia and the parties agree to be bound by the exclusive jurisdiction of the Courts of New South Wales. 12.2 If any part of this Agreement is held to be invalid by a Court, the remaining provisions shall remain in full force and effect. Icon Island's failure to act with respect to a breach by You does not waive Icon Island's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void Any notice required or permitted to be given to You under this Agreement shall be delivered by electronic mail at the email address provided by You during registration. 12.3 This Agreement constitutes the complete and exclusive understanding and agreement of the parties. 12.4 You understand and agree that You are solely responsible for reviewing the terms of this Agreement from time to time. . Top Close Window .