AGREEMENT BETWEEN YOU AND WILD SYSTEMS PTY LTD
Breedmate is a service operated by Wild Systems
Pty Ltd, ABN 85 065 845 927 ("Wild Systems") that makes it easy to share data and information.
you and Wild Systems. You must accept without modification all of the terms,
their entirety, you may not access or use the Breedmate Services.
Portions of the Breedmate Services may be
governed by posted guidelines, rules, or other terms and conditions. All such
guidelines, rules, and terms and conditions are hereby incorporated by reference
Use shall control. However, the Breedmate Privacy Statement, discussed in
the Privacy and Personal Information section below,
guidelines, rules, and terms and conditions published on the Breedmate
Services with respect to the subject matter covered by the Breedmate
Wild Systems may wish to update or change the terms,
conditions, and notices for the Breedmate Services from time to time to
reflect changes in the Services, changes in the laws affecting the Services, or
for other good reasons. You understand that Wild Systems reserves the right to
make these changes and that you are responsible for regularly reviewing these
terms, conditions, and notices. Continued access to or use of the Breedmate
Services after any such change shall constitute your consent to such change.
Unless explicitly stated otherwise, any new features that change or improve the Breedmate
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the Breedmate Services for your
own personal and non-commercial purposes.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services that are part of the Breedmate
PRIVACY AND PERSONAL INFORMATION
You may be required to have a Breedmate account to
use some Breedmate Services. To set up an account, you must provide
information about yourself and update this information as necessary in order to
keep it current.
You are responsible for maintaining the confidentiality
of your password and account information. Furthermore, you are responsible for
all activities that occur in your account and you agree to notify Wild Systems
immediately of any unauthorized use of your account. Wild Systems is not
responsible for any loss that you may incur as a result of any unauthorized
person using your account or your password.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the Breedmate
Services may contain links to other Web sites ("Linked Sites"). The
Linked Sites are not under the control of Wild Systems and Wild Systems is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
Wild Systems is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Wild Systems of the site or any association with its operators. You are
posted at the Linked Sites.
You are solely responsible for any dealings with third
parties (including advertisers) who support the Breedmate Services or are
identified in the Web pages that are part of the Breedmate Services,
including the delivery of and payment for goods and services.
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not Wild Systems, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Breedmate Services. Wild Systems does not control the Content posted
via the Breedmate Services and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Breedmate Services, you
may be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Wild Systems be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Breedmate Services.
You agree to not use the Breedmate Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Wild Systems official, convenor guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Wild Systems Service;
upload, post, email, transmit or otherwise make available any Content that you do
not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such as shopping)
that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
interfere with or disrupt the Breedmate Services or servers or networks connected to
overburden, or impair the Breedmate Services or interfere with any other
party's use and enjoyment of them
access to any Breedmate account, computer systems or networks associated
with the Breedmate Services;
obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Breedmate Services.
disobey any requirements, procedures, policies or regulations
of networks connected to the Breedmate Services, including using any device, software
or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or
international law, and any regulations having the force of law;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in the previously numbered paragraphs above.
You acknowledge that Wild Systems may or may not pre-screen Content, but that Wild Systems and
its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or remove any Content that is available via the Breedmate Services.
Without limiting the foregoing, Wild Systems and its designees shall have the right to
remove any Content that violates the TOU or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by
Wild Systems or submitted to Wild Systems, including without limitation information in Wild Systems
Message Boards and in all other parts of the Breedmate Services.
You acknowledge, consent and agree that Wild Systems may access, preserve and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (i)
comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any
Content violates the rights of third parties; (iv) respond to your requests for
customer service; or (v) protect the rights, property or personal safety of Wild Systems,
its users and the public.
use any Breedmate Services. When you use the Breedmate Services to
gain access to any Breedmate participating site or service, the terms and
conditions associated with that site or service may also apply to you. Please
service that you visit.
DATA YOU SUBMIT
You warrant that you own copyright in any data submitted to us, or
that it is information which is in the public domain, and
that it does not
infringe any existing copyright or any other rights of any third party and
that you have full authority to enter into this Agreement and grant the
rights granted to Wild Systems without resulting in a breach of any obligation you
If you submit data to us then
you grant to Wild Systems a non-exclusive, worldwide, irrevocable, royalty-free and full sub-licenseable license to
use, for any purpose.
Wild Systems may modify the data, extract parts of it, or combine it with other data to create derivative works. In the event that these derivative
works are more than 10% different from the original data, you agree that Wild Systems owns copyright to that data.
DATA AVAILABLE ON THE BREEDMATE SERVICES
All data that is made available
to view and/or download from the Web pages that are part of the Breedmate
Services ("Data") is owned by and is the copyrighted work of Wild Systems
and/or its suppliers. Except for personal use of the data, any
reproduction or redistribution of the Data is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED .
All Data is supplied "as
is" without any warranty as to its accuracy or completeness and any
use of this Data is entirely at the users own risk.
WILD SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE BREEDMATE SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WILD
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WILD SYSTEMS AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Breedmate SERVICES, WITH THE DELAY OR INABILITY
TO USE THE Breedmate SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED
THROUGH THE Breedmate SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
BREEDMATE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF WILD SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Breedmate SERVICES, OR WITH ANY OF
Wild Systems provides information about how to use the Breedmate
Services on the Web pages that are part of the Services. If you have any
questions about the Breedmate Services or any problems that you would like
to report, please email us at email@example.com.
TERMINATION AND RESTRICTION OF ACCESS
Wild Systems reserves the right, in its sole discretion,
to terminate or suspend
your access to the Breedmate Services or any portion thereof
at any time, without notice.
Wild Systems may also terminate or suspend your access
to the Breedmate Services for inactivity, which is defined as failing to
sign in to the Services for an extended period of time, as determined by Wild Systems.
Upon termination of your Breedmate account, your right to use the Breedmate
Services immediately ceases.
of New South Wales, Australia. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Sydney, New South Wales, Australia. in all
disputes arising out of or relating to the use of the Breedmate Services.
You agree that no joint venture, partnership, employment, or agency relationship
the Breedmate Services.
in part, at any time. Wild Systems's performance of this agreement is subject to
in derogation of Wild Systems's right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the Breedmate
Services or information provided to or gathered by Wild Systems with respect to
such use. You agree to indemnify and hold Wild Systems, its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Breedmate
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
including the documents expressly incorporated by reference above, constitute
the entire agreement between you and Wild Systems with respect to the Breedmate
Services and such agreements supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and Wild Systems with respect to the Breedmate Services. A printed version
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
INTELLECTUAL PROPERTY NOTICES
All contents of the Breedmate Web Site are:
Copyright © 2003 by the Wild Systems Pty Ltd and/or its suppliers, c/o
Wild Systems Pty Ltd, PO Box 2395 Carlingford, NSW, 2118, AUSTRALIA.
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people,
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Wild Systems may have patents, patent applications,
trademarks, copyrights, or other intellectual property rights covering subject
matter in the Breedmate Services, including the Web pages that are part of
the Breedmate Services. Except as expressly provided in these Terms of
Use, the provision of the Breedmate Services and the furnishing of such
Web pages to you does not give you any license to these patents, trademarks,
copyrights, or other intellectual property. Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
Notifications of claimed copyright infringement should
be emailed to us at firstname.lastname@example.org.
Last updated 08 Oct 2015