Welcome to TEAR Australia's Useful Gifts website!
This website is owned and operated by TEAR Australia Inc (hereby known as "TEAR Australia"), a Company Limited by Guarantee.
1. Description of Service.
The Website is a online gift shop, and may, optionally, allow for the creation of one or more Pages. You will be responsible for all activities occurring under your username and for keeping your password secure. TEAR Australia reserves the right to modify, suspend or discontinue the Website with or without notice at any time and without any liability to you.
TEAR Australia reserves the right to refuse service to anyone at any time without notice for any reason.
2. Disclaimer Of Warranties And Limitation Of Liability.
The Website and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by TEAR Australia on an "as is" and "as available" basis, unless otherwise specified in writing. TEAR Australia makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. you expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, TEAR Australia disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TEAR Australia does not warrant that the Website; information, content, materials, products (including software) or services included on or otherwise made available to you through the Website; their servers; or e-mail sent from TEAR Australia are free of viruses or other harmful components. TEAR Australia will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
3. Proper Use.
You agree that you are responsible for your own use of the Website, and for any consequences thereof. You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Australian export control laws.
4. Content Policy.
You agree to be bound by the following rules and restrictions regarding content you publish to the Website:
- Pornography and Obscenity: Users may not publish content that is in any way pornographic or obscene.
- Hateful Content: Users may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.
- Violent Content: Users may not publish threats of violence against any person or group of people.
- Copyright: Users may not publish any content that infringes another's copyright.
- Private and Confidential Information: We do not allow the unauthorized publishing of people's private and confidential information.
- Impersonation: We do not allow impersonation of others through The Website in a manner that is intended to or does mislead or confuse others.
- Unlawful Use of the Website: The Website should not be used for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
- Spam, Malicious Codes, And Viruses: We do not allow spamming or transmitting malware and viruses.
Although we may attempt to notify you when major changes are made to the Content Policy, you should periodically review the most up-to-date version. TEAR Australia may, in its sole discretion, modify or revise the Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the Content Policy may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. TEAR Australia reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
5. Intellectual Property Rights.
You acknowledge that TEAR Australia owns all right, title and interest in and to the Website, including all intellectual property rights (the "TEAR Australia Rights"). TEAR Australia Rights are protected by Australian and international intellectual property laws. As described immediately below, TEAR Australia Rights do not include third-party content used as part of the Website.
Your Intellectual Property Rights. TEAR Australia claims no ownership or control over any Content submitted, posted or displayed by you on or through the Website. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Website which are intended to be available to the members of the public, you grant TEAR Australia a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content. TEAR Australia furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content you submit to the Website.
7. Use and Storage.
You agree that TEAR Australia has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website. TEAR Australia retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
8. Content of the Website.
TEAR Australia takes no responsibility for any Content submitted, posted or displayed by you or any third party on or through the Website (including, without limitation, any viruses or other disabling features).
TEAR Australia reserves the right, but shall have no obligation, to monitor the Content submitted, posted or displayed by you or any third party on or through the Website.
TEAR Australia does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Content submitted, posted or displayed by you or any third party on or through the Website. TEAR Australia does not endorse any opinions expressed, posted or displayed by you or any third party on or through the Website. You acknowledge that any reliance on material posted via the Website will be at your own risk.
TEAR Australia reserves the right at all times to remove or refuse to distribute any content on the Website, such as content which violates the terms of this Agreement. TEAR Australia also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TEAR Australia, its users and the public. TEAR Australia will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
9. Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to TEAR Australia to participate in the Website is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension.
You agree to hold harmless and indemnify TEAR Australia, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, TEAR Australia will provide you with written notice of such claim, suit or action.
12. Entire Agreement.
This Agreement constitutes the entire agreement between you and TEAR Australia and governs your use of the Website, superseding any prior agreements between you and TEAR Australia. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TEAR Australia services, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms.
14. Choice of Law; Jurisdiction; Forum.