We may update or change the Terms from time to time, at our sole discretion, with or without notice to you. We may also update, modify or replace the Site, and we reserve the right to discontinue offering access to the Site. Your continued use of any part of the Site constitutes acceptance of such change. Although we may endeavor to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version prior to using the Site. If you do not agree to any modifications of these Terms, you must not continue to use the Site.
In exchange, you agree that you will not:
- copy or duplicate, in whole or in substantial part, the Site;
- distribute, transmit, publish, transfer, sell or commercially exploit in any way the Site, in whole or in part, or cause others to do so;
- reverse engineer, decompile or modify the Site, in whole or in part;
- use the Site or any information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site or any other products or services provided by Silverchair or its affiliates;
- alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site;
- use the Site in any way that could interfere with, disrupt or negatively affect the Site or its servers or networks;
- upload viruses or other malicious code or otherwise compromise the security of the Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site;
- probe, scan or test the vulnerability of our Site or any system or network; or
Silverchair may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site.
- DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SILVERCHAIR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
For purposes of clarification, but not limitation, of the foregoing: neither Silverchair nor any of its employees or agents warrant that use of the Site will be uninterrupted or error-free; nor do they make any warranty as to (i) the accuracy, completeness, timeliness, reliability or content of any information or service offered through the Site; (ii) that the quality of any services, information, or other material that you obtain will meet your expectations; or (iii) that the files available for downloading or sharing from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SILVERCHAIR OR ANY OFFICER, DIRECTOR, AFFILIATE, EMPLOYEE OR AGENT THEREOF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR OTHERWISE IN CONNECTION WITH THE SITE. SILVERCHAIR SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE SITE. FOR PURPOSES OF CLARIFICATION, AND NOT LIMITATION, OF THE FOREGOING, SILVERCHAIR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS), REGARDLESS OF THE NATURE OF SUCH DAMAGES AND REGARDLESS OF WHETHER SILVERCHAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SILVERCHAIR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION. SILVERCHAIR IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, MOBILE DEVICE, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE ARISING OUT OF OR RELATED TO USE OF THE SITE.