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Blue Duck Hotel
Website Terms Of Use
Wow! You actually came to this page. There's some really
important legal information broken down into plain English, so
take the time to read what's on this page. It could prevent you from
hearing from our lawyers, or worse yet, from really nasty people,
like prosecutors.
Here’s the deal:
We run this site so that people like you (and people you like) can
use it for personal entertainment, information, education,
communication, and enjoyment. So go ahead and browse around all you
like. You can even download stuff from the site but only for
non-commercial, personal use. If you do, though, don’t fool around
with the copyright and other notices all over the stuff. They’re
there for a really good reason. And don’t even think about
distributing, modifying, transmitting, reusing, re-posting, or
anything else uncool with any of the stuff, including the text,
images, audio, and video, for public or commercial purposes unless
we give you written permission. And it’s not likely we will.
If you visit our site, you’re also legally obligated to [read: stuck
with] the terms and conditions listed below and any other law or
regulation that applies to the site, the Internet, the World Wide
Web, or Melbourne, Victoria. You shouldn’t access or browse the site
if you have any problem with that, because once you start, there’s
no turning back you are bound by [read: stuck with] the terms and
conditions.
So here’s the scoop on our Top Ten Rules for browsers who
visit our site:
1. For everyone’s sake, just assume that everything on the site is
copyrighted unless we say it’s not. So you can’t use the stuff
except how we say you can on this page or anywhere else on the site
without our written permission. And like we said before, it’s not
likely we’ll give you permission anyway. In fact, even if we wanted
to, the lawyers are likely to veto any deal anyway. So it’s better
you don’t even ask.
2. While we try to include accurate stuff on the site, we’re not
promising you it’s accurate. In fact, we’re not promising you
anything except fun and entertainment. So if you use stuff on the
site, you’re using it at your own risk. Don’t call us if there’s a
problem because we assume no liability or responsibility for errors
or omissions on the site.
3. We and anybody else who helped us create, produce, or deliver the
site are not liable for any damages you suffer when you use it. In
particular, the lawyers want you to know that our disclaimer
includes "direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, the site.
Without limiting the foregoing, everything on the site is provided
to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON
INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to
you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. " Ugh! What a
mouthful from the mouthpieces. We put all of that in quotes because
we couldn’t figure out any other way to say it that the lawyers
would accept. But here’s the bottom line we’re not responsible if
you’re browsing around and the site damages you or your computer or
infects it with any nasty viruses. We sure hope that doesn’t happen,
but if it does, don’t call us.
4. If you don’t want the world to know something, don’t post in on
the site in any bulletin board or anyplace else. That’s because
anything you disclose to us is ours. That’s right ours. So we can do
anything we want with the stuff you post. We can reproduce it,
disclose it, transmit it, publish it, broadcast it, and post it
someplace else. We can even send it to your mother (as soon as we
find her address).
Not only that, we can even use any ideas, concepts, know-how, or
techniques you post any way we want to, including, developing,
manufacturing and marketing products or other stuff using the
information you post.
5. Pictures of people or places shown on the site are either our
property or someone else’s property we’re using with their
permission. No matter what, it’s definitely not your property. You
or any of your net-friends can’t use it unless we said you could on
this page or somewhere else on the site. And guess what we won’t say
yes. So be careful, because unauthorized use may violate all sorts
of nasty laws. Be smart, keep the stuff you download to yourself.
6. There’s also a lot of trademarks, logos, and service marks on the
site that either we own or we’re using with someone else’s
permission. So don’t think you have any kind of license or right to
use them, because you don’t and we’re not about to give you one. If
you don’t leave them alone and mess with our trademarks, logos and
service marks on our site, we’ll probably go ballistic, so will the
companies that own the other trademarks, logos and service marks.
That means that we’re likely to sue you or to ask a prosecutor to
come after you for messing around with our property or the property
of others.
7. You’ll probably notice we’ve linked our site to lots of others.
While that’s cool, it doesn’t mean we’ve looked at all those sites,
much less checked them out periodically to see what’s going on. So
don’t blame us if some site you link to is bad or has stuff on it
that offends you. Go ahead and link, but remember, you’re doing it
at your risk.
8. That brings us to what you do on our own site. While we
occasionally listen in on chat groups, or look at the posting in our
discussion groups or on our bulletin boards, we take no
responsibility and assume no liability for the content of those
locations or for any mistakes, defamation, libel, slander,
omissions, falsehoods, obscenity, pornography, or profanity you
might encounter when you visit such places on our site. And don’t be
stupid by posting or transmitting any unlawful, threatening,
libellous, defamatory, obscene, scandalous, inflammatory,
pornographic, nasty, mean, or profane material or any material that
law enforcement types may consider a criminal offense, get someone
in court on a civil lawsuit, or for that matter violate any
law - anywhere, anytime. While we certainly respect your privacy, we
have no choice but to fully cooperate with any law enforcement
authorities or court which might ask us who might have posted nasty
stuff on our site.
9. Software that we use on this Site is protected by all sorts of
patriotic laws. Because of that, you can’t download or send the
software to anyone in the vacation travel spots of Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country where
Australia has embargoed goods. As if that were not tough
enough, if you live in or are a national of any of those lovely
places, you’re not even supposed to be reading this page !
10. We’re also allowed to change this page and anything else on the
site any time we want to. That’s because it’s ours and we have the
programmers who can do it. If we do change the page, then you’re
bound by [read: stuck with] those changes, too, whenever you visit
our site.
11. If either of us wants to take legal action then we have to
follow these rules of engagement.
This Agreement is governed by the laws of the State of Victoria,
without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to
violate AraratBlueDuckHotel.com.au
and/or its affiliates’ intellectual property rights,
AraratBlueDuckHotel.com.au
and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal court
in the State of Victoria, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Victoria. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of
us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Victoria, under the
rules of the Victorian County Court. Judgement upon the award
rendered by the arbitration may be entered in any court with
jurisdiction to do so.
If this all sounds kind of mean and undiplomatic, you should have
seen what the lawyers gave to us in the first place. We had to
remind them that human torture and sacrifice was outlawed in
Australia. Boy, did they look disappointed!
April 9, 2011
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