Access to and use of www.peterpickering.com (the "Site") is provided by Peter Pickering ("Peter Pickering") to you ("You"/"Your"), subject to the following terms and conditions ("Terms").
By accessing and using the Site, You agree to be bound by these Terms. If You do not agree to these Terms, please refrain from using the Site.
1. Use of Content and Linking to the Site
1.1 This Site is intended for use by residents of all countries.
1.2 The entire content, design, and arrangement of material contained in the Site, including but not limited to text, software, music, sound, photographs, graphics, video, (collectively and individually, the "Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You may use the Content only as expressly set out below, and any unauthorized use, such as copying, reproducing, republishing, transmitting, distributing, offering any of the Content to the public, or creating derivative works of the Content is prohibited without the prior express written authorization of Peter Pickering.
1.3 All Content on the Site is the property of Peter Pickering, or, in respect of certain images, the author of the image.
1.4 You may retrieve and display Content on a computer screen, PDA, or mobile telephone, and store temporary copies of the Content in electronic form on hard drive, disk or on your PDA or mobile telephone for your personal, non-commercial use only. You may not store permanent copies of the Content in any form. You may not store any copies of the Content on any server or other storage device connected to a public or open network whereby such Content may be viewed or retrieved by any third party.
1.5 You may not use the Site for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
1.6 You may not create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
2. Information on the Site
2.1 Information on the Site, including these Terms, may change without notice. Please check these Terms regularly to be aware of any changes made by Peter Pickering. Your continued use of the Site after changes are posted means You agree to be legally bound by these updated and/or amended Terms.
2.2 Peter Pickering makes no representations that the Content in this Site is appropriate or available for use in all countries. Those who access the Site are solely responsible for complying with local laws of the country in which the Content is accessed.
3. Exclusion of Liability
3.1 Peter Pickering will use reasonable efforts to include accurate and up-to-date information on the Site but makes no warranties or representations as to the accuracy, correctness, reliability, or otherwise of such information. Peter Pickering assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the Content.
3.2 Use of and browsing in the Site is at Your own risk. Peter Pickering, nor any other party involved in creating, producing, or delivering the Site, nor any sponsors shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of Your access to, or use of, or browsing the Site, or downloading of any materials, data, text images, video, or audio from the Site, including, without limitation, damage to, or viruses that may infect, Your computer equipment or other property as a result thereof. 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.
4.1 From time to time, Peter Pickering may ask that You transmit to the Site by electronic mail Your feedback on Peter Pickering products and/or services. Any communication or material You transmit or post will be (a) treated as non-confidential and non-proprietary by Peter Pickering, (b) become the property of Peter Pickering and Peter Pickering shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Peter Pickering at its sole discretion without any obligation, compensation or other liability to You. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. Peter Pickering shall be under no obligation to respond to any such communication.
5. Availability of Site
5.1 Whilst Peter Pickering endeavours to ensure that the Site is normally available 24 hours a day, Peter Pickering will not be liable if for any reason the Site is unavailable at any time or for any period. Peter Pickering does not guarantee the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if Peter Pickering is aware of them. Additionally, Peter Pickering makes no warranty that the Site services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.
6. Links to Third-Party Websites
6.1 The Site may contain links to third-party websites, which are not under the control of Peter Pickering. Peter Pickering has no responsibility for the content of such websites and provides these links solely for Your convenience. The inclusion of any link does not imply endorsement by Peter Pickering of the linked website, and You use the links at Your own risk.
7. Changes to these Terms
7.1 Peter Pickering reserves the right to modify these Terms at any time without prior notice. By accessing or using the Site after changes have been made, You agree to be bound by the updated Terms. If You do not agree to the updated Terms, You should not access or use the Site.
8.1 Peter Pickering may terminate Your access to the Site at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with You. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Choice of Law and Jurisdiction
9.1 These Terms shall be governed by and construed in accordance with the laws of Western Australia. You agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the courts of Western Australia.
10.1 These Terms constitute the entire agreement between You and Peter Pickering with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between You and Peter Pickering with respect to the Site.
10.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.
10.3 Peter Pickering's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
10.4 Peter Pickering may assign these Terms, in whole or in part, at any time without notice to You. You may not assign these Terms or transfer any rights to use the Site.
10.5 The headings used in these Terms are included for convenience only and do not affect the interpretation of these Terms.
10.6 You agree that Your use of the Site and these Terms are governed under the laws of Western Australia, without regard to its conflict of law provisions.
10.7 These Terms are for the benefit of Peter Pickering and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its behalf.
10.8 Any rights not expressly granted herein are reserved.