2. Copyright Notice. © WheelSpin Studios All rights reserved.
3. The technology and the software underlying our sites and the Services are the property of WheelSpin Studios, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
b. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
c. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
d. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
e. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
f. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
g. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
h. Restrict or inhibit any other user from using and enjoying any public area within our sites;
i. Interfere with or disrupt our sites, servers, or networks;
j. Impersonate any person or entity, including, but not limited to, a WheelSpin Studios representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
k. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
l. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or
m. Engage in any illegal activities.
4. Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites.
5. Limited license to copy all documents and related graphics from this website is granted subject to the following:
a. The materials provided herein are for personal, non-commercial use only;
b. Any copies of documents contained on this website or portions thereof must include the above copyright notice,
c. You may not copy or print more than one copy of material posted on this website. Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by WheelSpin Studios or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of WheelSpin Studios or any third party. Except as expressly granted under this Agreement, all rights are reserved by WheelSpin Studios; and
d. You may not display this website for commercial purpose without the prior express written consent of WheelSpin Studios. You may not use WheelSpin Studios’s name or trademarks without the prior express written consent of WheelSpin Studios. You may not link to this website, without WheelSpin Studios’s prior consent, which consent may be withdrawn by WheelSpin Studios at any time, with or without notice, in WheelSpin Studios’s sole discretion.
6. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. WheelSpin Studios ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. IN NO EVENT SHALL WheelSpin Studios OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE, (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE, (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER WheelSpin Studios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. Any material on this website may include technical or other inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. WheelSpin Studios AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER WheelSpin Studios NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (B) NEITHER WheelSpin Studios NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (4) THE INTERNET GENERALLY, OR (5) THAT BY USING THE WheelSpin Studios SERVICES DATA WILL NOT BE LOST. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
8. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by WheelSpin Studios. Product and service information is the sole responsibility of each individual vendor. WheelSpin Studios makes no representations whatsoever concerning (a) the information or other material appearing on, or accessible through any promotional websites, (b) any products or services advertised or sold through a promotional website (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (c) the sellers of any products or services advertised or sold on or through any promotional website.
9. WheelSpin Studios reserves the right to change any of the terms of this ToU (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the ToU link in the footer of this website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this website after changes are posted, you accept the changes and agree to them.
10. You and WheelSpin Studios agree
a. the substantive laws of the State of South Australia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement;
b. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN ADELAIDE, SOUTH AUSTRALIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE;
c. except as otherwise required by law, any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
d. if any portion of this ToU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;
e. no waiver of any breach of any agreement or provision of this ToU, nor any failure to assert any right or privilege contained in this ToU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
f. this ToU (including all policies, notices and other terms incorporated into this ToU by reference) constitutes the entire agreement between you and WheelSpin Studios with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral; and
g. this ToU may be revised only by WheelSpin Studios in its sole discretion,
and such amendment or revision shall not require consent by you to become effective.
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