Terms and Conditions of Use

This web site is owned and operated by Supa Characters Pty Ltd (ABN: 41 148 986 592; ACN: 148 986 592; "Supa," "we", "us" or "our"), a company incorporated under the laws of the State of Victoria, Australia.

1. Application of terms and conditions

These terms and conditions apply to your use of this website, including the use of the information, content and services offered on or through this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website including the Privacy Policy. These terms and conditions supersede all prior agreements in relation to use of this website and we may revise these terms and conditions from time to time without notice.

2. Your use of this Website

You agree that you must use this website in accordance with these terms and conditions and that you will not use this website for any unlawful purpose or to facilitate any such unlawful purpose. You must not violate, attempt to violate, degrade the security systems of or "hack" this website. "Hack" means gaining control of, denying access to or unauthorised access to this website (including using another member's username and password), causing malicious damage or interference with this website's operations and includes: mail bombing; propagating viruses, worms or other types of malicious code; deliberate attempts to overload a computer system; broadcast attacks or any other method designed to damage, degrade or interfere with the operation of a computer system or website.

3. Future changes to these terms and conditions

From time to time, these terms and conditions will be reviewed and may be revised. Supa reserves the right to change these terms and conditions at any time. Any such changes will be posted on this website. Your continued use of this website will constitute your acceptance of the variation of these terms and conditions.

4. Intellectual property

All intellectual property rights subsisting in the operation, code, architecture and implementation of the material on, and comprising, this website (including the material, works, software, design, text, graphics and code contained on or used to produce the web site and the information and material and its arrangement or layout), are owned or licensed by Supa unless otherwise indicated, and except as specified in the Terms and Conditions, Supa reserves its rights in relation to those intellectual property rights. You are permitted to download of a copy of this website to the local hard drive of your computer used to access this website, or print a copy of the web site solely for your own personal, non-commercial use, but only if you do not modify the copy and you include the copyright notice © "Supa Characters Pty Ltd" on the copy. You may not copy or otherwise incorporate or store into any other website or electronic retrieval system, publish, distribute, create works from or commercially exploit the content of this web site for any other purpose without the copyright or trademark owners' express written permission. Nothing in these Terms and Conditions in any way assigns any intellectual property rights owned by Supa in this website, or the material on this website, to you.

4. Future changes to these terms and conditions

Supa shall not be, to the fullest extent allowable by any law in any jurisdiction, responsible for any loss, injury, claim, liability, or damage of any kind suffered by you resulting from, arising out of or in any way related or connected to (a) any errors or omissions pertaining to the information in this website, (b) your use of this website. You must keep Supa fully indemnified against all liabilities, damages, claims, losses, costs and expenses, which Supa may incur to a third party or you as a result of your infringement to the present Terms and Conditions of Use. You agree that Supa's liability to you at law (if any) will be reduced by the extent to which you contributed to the loss. You acknowledge that you are obliged to take all reasonable steps to mitigate such loss. All information, content, pictures and images provided as part of this web site are intended to be general in nature and you should not rely on it in connection with the making of any decision, including, but not limited to, the creation of characters or stories. Supa does not warrant that the material on the present website is accurate, complete or up to date. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on this website may be changed, added or removed at Supa's sole discretion and without notice. The existence of inaccurate, incomplete or outdated material on the present website will not cause Supa to breach the present Terms and Conditions of Use.

6. Website Availability

Supa neither warrants nor represents that this website will be continuously available and you acknowledge that this website may experience down-time, either scheduled or unscheduled, from time to time. Supa will endeavour to take reasonable steps to ensure that this website's downtime is limited to a reasonable period of time. Supa does not guarantee that the functions contained in the present website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of harmful components. When visiting the present website, you recognise that you have exercised your independent judgment and have not been influenced by any representation made by Supa, which does not comply with the present Terms and Conditions of Use. Supa does not represent or warrant that any file or program available for download and/or execution from or via this site is free from errors, viruses, defects or other conditions which would damage or interfere with data, hardware or software with which it might be used.

7. Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Supa website.

8. Links to Supa's website

You may not place a hypertext or other link to this web site without prior written approval from Supa and on satisfactory terms to Supa. To seek approval, please email us at joelbeling@hotmail.com. The following information will be required to assess your request: the URL(s) of the website that you seek to establish a link from; the URL(s) of the web page(s) on this web site to which you are proposing to link; a brief description of your website; and the reason that you wish to establish a link. If Supa agrees to your proposed link, you must comply with any terms and conditions imposed by Supa as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Supa and provide a new description of your website.

9. Third party websites

The Supa website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Supa does not control, endorse, sponsor or approve any such third party websites or their content nor does Supa provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content. You should be aware that such linked sites have their own conditions of use and privacy and security regimes. You should review them on those linked sites.

10. Submissions

Any material you send to us on or via the Supa website will be deemed to be non- confidential and non-proprietary. When you submit content to Supa in any format, including any text (including any data, questions, comments, suggestions, ideas or other information), photographs, graphics, video or audio, you grant Supa a non-exclusive, royalty-free, perpetual licence to publish that content. You agree that Supa can use such material, now and in the future, for any purpose without compensation to you. Supa also reserves the right not to use the content you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify Supa against any and all legal fees, damages and other expenses that may be incurred by Supa as a result of a breach of the above warranty. You waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.

11. Force majeure

Super will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, power outage, telecommunications service failure, computer network failure, computer system failure or any other cause which is beyond Supa's reasonable control.

12. Waiver

Failure or neglect by Supa to enforce at any time any of the terms and conditions of this website shall not be construed or deemed to be a waiver of the rights of Supa under these terms and conditions.

13. Termination

Supa reserves the right to cease providing access to, and the services of, Supa at any time at its complete discretion. Supa shall not be liable to you for any cost, expense, or damages whatsoever for terminating these terms and conditions.

If, in Supa's reasonable opinion, you breach any of these Terms and Conditions of Use, Supa may suspend, terminate or limit your access to this website and terminate the Terms and Conditions of Use effective immediately.

14. Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws in force in the State of Victoria, Australia. In the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise, you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria and any Courts competent to hear appeals therefrom will have non- exclusive jurisdiction over such dispute. If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions.

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