SouthernGateway.com.au Member Agreement

GENERAL RULES AND DEFINITIONS
"SOUTHERN GATEWAY" CONTENT AND MEMBER SUBMISSIONS
COMMUNITY NEWS, EDITORIALS AND DISCUSSIONS
ACCESS AND AVAILABILITY OF SERVICE AND LINKS
REPRESENTATIONS AND WARRANTIES
REGISTRATION AND SECURITY
FEES AND PAYMENTS
COMMUNICATIONS BETWEEN "SOUTHERN GATEWAY" AND MEMBERS
TERMINATION
MISCELLANEOUS

1. GENERAL RULES AND DEFINITIONS

1.1 If you choose to use the "Southern Gateway" website, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and "Southern Gateway", an Internet service of Esperance Design Group Enterprise.

1.2 "Southern Gateway" may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes to the Updates page. It is your responsibility to review this Agreement prior to each use of the Site, and by continuing to use this Site you agree to any changes.

1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING AN E-MAIL TO: admin@southerngateway.com.au (SEE SECTION 9.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE NOTICE OF ANY CHANGES IN THESE TERMS AND CONDITIONS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 "Southern Gateway" may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. "Southern Gateway" may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

2. "SOUTHERN GATEWAY" CONTENT AND MEMBER SUBMISSIONS

2.1 The contents of "Southern Gateway" are intended for your personal, noncommercial use. All materials published on "Southern Gateway" (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by "Southern Gateway", Esperance Design Group Enterprise, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

2.2 "Southern Gateway" and its Contents are protected by copyright pursuant to Australian and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Site in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from "Southern Gateway" or Esperance Design Group Enterprise, or the copyright holder identified in the copyright notice contained in the Content.

3. COMMUNITY NEWS, EDITORIALS AND DISCUSSIONS

3.1 You shall not upload to, or distribute or otherwise publish within News Articles, Editorials, Comments, or Forums within the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

3.2 When adding Comments to Editorials, or participating in Forums hosted through "Southern Gateway": (a)Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."

3.2 (b)Use respectful language. Like any community, they flourish only when Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Site.

3.2 (c)Debate, but don't attack. In a community full of opinions and preferences, people always disagree. "Southern Gateway" encourages active discussions and welcomes heated debate in our comments, editorials or forums. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Site.

3.3 The Comments shall be used only in a noncommercial manner. You shall not, without the express approval of "Southern Gateway" or Esperance Design Group Enterprise, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.4 You are solely responsible for the content of your submissions. However, while "Southern Gateway" does not and cannot review every message posted by you on the Site and is not responsible for the content of these messages, "Southern Gateway" reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.5 You acknowledge that any submissions you make to the Site (e.g. News or Comment) may be edited, removed, modified, published, transmitted, and displayed by "Southern Gateway".

3.6 By submitting a Comment to an Editorial, you are consenting to its display on the site and for related online promotional uses (e.g. search engine listings).

4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

4.1 "Southern Gateway" contains links to other related World Wide Web Internet sites, resources, and sponsors of "Southern Gateway". Since "Southern Gateway" is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

5. REPRESENTATIONS AND WARRANTIES

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless "Southern Gateway" and Esperance Design Group Enterprise, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. "Southern Gateway" reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 Neither "Southern Gateway" nor Esperance Design Group Enterprise represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

6. REGISTRATION AND SECURITY

6.1 As part of the registration process, you will select a password and a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a Member ID of another person with the intent to impersonate that person; (ii) use a Member ID in which another person has rights without such person's authorization; or (iii) use a Member ID that "Southern Gateway", in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative of "Southern Gateway".

6.2 (a) You shall notify admin@southerngateway.com.au of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

6.3 You must be 13 years or older to Register with "Southern Gateway"; however, persons of all ages may use it. Thus, you may share your password and Member ID with others, subject to Section 6.4.

6.4 You are responsible for all usage or activity on your "Southern Gateway" account, including use of the account by any third party authorized by you to use your Member ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at "Southern Gateway"'s sole discretion, and "Southern Gateway" may refer you to appropriate law enforcement agencies.

7. FEES AND PAYMENTS

7.1. "Southern Gateway" reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time "Southern Gateway" requires a fee for portions of the Service that are now free, "Southern Gateway" will give you advance notice of such fees and the opportunity to cancel your account before such charges are imposed. All new fees, if any, will be posted in the Updates page of our sites and in other appropriate locations. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by "Southern Gateway" or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

8. COMMUNICATIONS BETWEEN "SOUTHERN GATEWAY" AND MEMBERS

8.1 If you indicate on your registration form that you want to receive such information, "Southern Gateway", its owners and assigns, will allow certain third party vendors to provide you with information about products and services.

8.2 "Southern Gateway" reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

8.3 "Southern Gateway" reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the accompanying Privacy Policy.

8.4 "Southern Gateway" may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.

9. TERMINATION

9.1 You may terminate your account at any time by sending an e-mail to: admin@southerngateway.com.au. Upon termination, you will receive a confirmation via e-mail that the request was received, and your access will be suspended within 24 hours.

9.2 "Southern Gateway" may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of this Agreement.

10. MISCELLANEOUS

10.1 This Agreement has been made in and shall be construed and enforced in accordance with Australian law. Any action to enforce this agreement shall be brought in the state or federal courts located in Australia.

10.2 Notwithstanding any of the foregoing, nothing in this Member Agreement will serve to preempt the promises made in "Southern Gateway" on the Privacy Policy.

10.3 Correspondence should be sent to admin@southerngateway.com.au

10.4 You agree to report any copyright violations of the Member Agreement to "Southern Gateway" as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in "Southern Gateway", please notify admin@southerngateway.com.au. (Please direct all general questions to admin@southerngateway.com.au)

This Member Agreement was last updated on March 1st, 2007