Legal Information and Terms of Use - Komosion | Online Solutions Agency
Komosion website terms of use |
| These terms and conditions of use ('terms') apply to the Komosion™ website, located at www.komosion.com, and all subsidiary pages. The site is the property of Komosion Pty Ltd (ABN 84 128 837 123), ('komosion', 'we', 'us' or 'our'). |
| BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE. |
| This agreement is made by and between Komosion Pty Ltd, and you. Komosion reserves the right, at its sole discretion, to change, modify, add or remove portions of ... |
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Proprietary rights - Ownership |
| This site is owned and operated by Komosion Pty Ltd. The software, all pages, images, text, multimedia and other content within the site are the sole property of Komosion or its subsidiaries, unless otherwise clearly specified or covered by the following exceptions. Brand names and trademarks other than Komosion, Komodo CMS and Glass Onion are the property of their respective owners. Endorsements, commentary, images, links to third-party sites where they contain product names, company names, trademarks or other proprietary components remain the property of their respective owners. Images used for decoration of this site have been purchased as royalty free stock images under license or are otherwise made available by their respective right holders for use on the Komosion website. |
Copyright |
| The material contained in this site is copyright of Komosion Pty Ltd, unless otherwise stated. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the Australian Copyright Act 1968 as amended. If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provided within this website. |
Moral rights |
| All intellectual property for this site and the underlying Komosion web software products, except where expressly stated, rests with Komosion Pty Ltd. All individual rights have been transferred to Komosion Pty Ltd or provided under license, where rights are not transferable, such as moral rights, the owners have agreed to their attribution being left out of all Komosion documentation. |
Trademarks |
| Komosion Pty Ltd owns the following trademarks in Australia and may elect to enforce these trademarks at common law in other jurisdictions ... |
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Software |
| Use of the software from this site (the Komosion Platform, previously known as Komodo CMS) is subject to the Komosion Software Platform Terms of Service (ToS) which is provided with purchase of our software. The agreement can also be obtained by contacting Komosion for a copy of the current agreement, or viewed here. |
Software piracy |
| Komosion will actively and aggressively enforce its intellectual property rights to the fullest extent of the law. The Komosion Platform (formerly known as Komodo CMS) is a proprietary product, and the illegal copying of software programs is a crime. Please report any piracy of the Komosion Platform software by contacting us or by contacting the Business Software Alliance (BSA). |
Accounts, passwords and security |
| Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Komosion immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Komosion or any other user of the website due to someone else using your account and password. You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. Komosion will not be liable for any loss or damage arising from your failure to comply with these obligations. |
Privacy |
| Komosion's Privacy Statement applies to the use of this site. Please click here to view our Privacy Statement. By using this site, you acknowledge that internet transmissions are never completely private or secure, even when encrypted and that you understand and agree with the Komosion Privacy Statement. |
Links to other sites |
| This site contains links to independent third-party websites. The sites are provided for convenience and are not under the control or ownership of Komosion. Komosion does not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites. |
Idea submission, feedback and comments |
| Komosion, its related entities, staff and agents, do not solicit ideas for products, marketing, enhancements or any other creative suggestions or individual works in public forums. Please do not send unsolicited ideas to Komosion or anyone connected with Komosion. If, despite this request, you send unsolicited ideas, regardless of what your communication states, then you agree that your idea(s) will automatically become the property of Komosion, without compensation or attribution to you, and Komosion can use the ideas for any purpose. Komosion has a strict policy on 'clean-room' development of intellectual property and this policy is enacted to avoid any confusion over intellectual property rights. All support and feedback mechanisms are provided to existing and prospective clients to improve the quality of our product and effectiveness of our service. By using these mechanisms, you agree that all content, suggestions and feedback become the sole property of Komosion without compensation or attribution. |
General code of conduct |
| While using this site or site related services, you agree not to ... |
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| Komosion has no obligation to enforce these requirements, unless instructed to do so at law, however you acknowledge that Komosion may monitor the site and manage the site in any fashion that enables these terms to be enforced. |
Disclaimer |
| Komosion does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice. Komosion disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against Komosion for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties. |
Refund policy |
| Komosion, when providing the Komosion Platform software (formerly known as Komodo CMS), enters into a Terms of Service agreement with customers that provides for ongoing service delivery and warranty provisions. Under the Terms of Service, where Komosion is unable to rectify Komosion Platform services provided, customers are entitled to a full refund of the unused part of their Komosion Platform subscription. |
Limitation of liability |
| Except where prohibited by law, in no event will Komosion be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Komosion has been advised of the possibility of such damages. |
Indemnification |
| You agree to indemnify and hold Komosion, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Komosion by any third-party due to or arising out of or in connection with your use of the site and or services. |
Violation of these Terms of Use |
| Komosion may preserve any transmittal or communication by you and may disclose this information if reasonably necessary to comply with legal process, enforce these terms of use, or protect the rights, property, and safety of Komosion and related parties. Violation of these terms of use may lead to terminating your access to the site and Komosion may seek remedies that are available at law or in equity. |
Waiver |
| No provision of this agreement can be waived except in writing and authorized by the Board of Komosion Pty Ltd. No waiver shall be deemed a waiver of any preceding or subsequent breech. |
Delegation and assignment |
| You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without the prior written consent of Komosion Pty Ltd. |
Applicable Law |
| This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue. |
Contact details |
| If you have any questions, comments, or concerns about these terms of use or the information practices of this website, please contact us as follows ... The Chief Operating Officer Komosion Pty Ltd 113 Ferrars Street Southbank Victoria 3006 Australia or email ... |
| info@komosion.com |
| These website terms of use were last updated on August 25, 2008. |