Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Resurfacr, acceptance is expressly limited to these terms. Membership of the Website is available to anyone.
The term prediction will be used to describe predictions, promises, opinions, projections, forecasts and any other similar term.
Your Resurfacr Account
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Resurfacr may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Resurfacr liability. You must immediately notify Resurfacr of any unauthorised uses of your account or any other breaches of security. Resurfacr will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate an account, comment on a prediction, post material to the Website, post links on the Website, or otherwise upload (or allow any third party to upload) material to the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. By uploading Content, you represent and warrant that (i) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (ii) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (iii) the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; (iv) Resurfacr reserves the right to remove any prediction (or content created on Resurfacr, e.g. comments) for any reason whatsoever.
Resurfacr reserves the right to ban any member or website or other user from using the service for any reason. If you delete Content, Resurfacr will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and removal may be beyond Resurfacr’s control.
Resurfacr has the right (though not the obligation) to (i) refuse or remove any content that, in Resurfacr’s reasonable opinion, violates any Resurfacr policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Resurfacr’s sole discretion. Resurfacr will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Resurfacr has not reviewed, and cannot review, all of the material posted to the Website, and is not responsible for that materials content, use or effects. By operating the Website, Resurfacr does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Resurfacr disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. Once content is published, it cannot be deleted by users.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Resurfacr links, and that link to Resurfacr. Resurfacr does not have any control over those non-Resurfacr websites and webpages, and is not responsible for their contents or their use. By linking to a non-Resurfacr website or webpage, Resurfacr does not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Resurfacr disclaims any responsibility for any harm resulting from your use of non-Resurfacr websites and webpages.
Resurfacr relies on the protection provided by the Australian Copyright Act 1968 (Cth).
This Agreement does not transfer from Resurfacr to you any Resurfacr or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with Resurfacr. Resurfacr, the Resurfacr logo, and all other trademarks, service marks, graphics and logos used in connection with Resurfacr, or the Website are trademarks or registered trademarks of Resurfacr or Resurfacrs licensees. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or licence to reproduce or otherwise use any Resurfacr or third-party trademarks.
Resurfacr reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Resurfacr may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Resurfacr may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Resurfacr account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Pro membership, such an account can only be terminated by Resurfacr if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Resurfacr’s notice to you thereof; provided that, Resurfacr can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Resurfacr does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Resurfacr be liable with respect to any subject matter of this Agreement for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Resurfacr under this Agreement. Resurfacr shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Resurfacr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Resurfacr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Resurfacr, or by the posting by Resurfacr of a revised version.
You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and waive any right that you may have to object to an action being brought in those courts.
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