Terms of Use.
Please read the following Terms of Use carefully before using this site ("Younger Years Site") operated by APAC Advisor Pty Ltd (“The Younger Years”) or it affiliated entities. By visiting the Younger Years Site or by participating in any of the interactive activities offered on the Younger Years Site, you agree to be bound by these Terms of Use. Please note that we may, in our sole discretion, modify these Terms of Use without notice to you. Therefore, please continue to review these Terms of Use before using the Younger Years Site. By continuing to access and use the Younger Years Site after the Terms of Use have been modified, you will be deemed to have agreed to such modifications.
1. REGISTRATION AND PASSWORDS
Registration is not required to browse the Younger Years Site. However, certain features offered on the Younger Years Site from time to time may require you to submit certain personal information, such as your name, your postal address, your e-mail address, and billing information. When you submit such information on the Younger Years Site Site you represent that you are at least 18 years of age and that you have the authority to register with such site. When you register we may assign you a login ID and request that you choose a password. You are responsible for maintaining the confidentiality of your login ID and password. You shall be responsible for any use of your login ID and password. In addition, you agree to pay all charges, including taxes, duties or other fees, incurred by you or anyone using your login and/or password.
2. YOUR SUBMISSIONS AND USER CONDUCT
The Younger Years Site may invite users to communicate with one another via chat areas and bulletin / blog boards. Some functionality may also enable users to submit materials to be viewed by or shared with other users. Any communication and/or submission(s) (collectively, "Submissions") made on the Younger Years Site, including, but not limited to, any notes, reviews, bulletin board postings, blog posts, ideas, suggestions, concepts, artwork, photographs and sound and video files will become the property of The Younger Years and can be used in any manner or form throughout the world without any time or other restrictions. The Younger Years shall be entitled to edit such Submissions as it sees fit, and it shall have no obligation to use material submitted. You are solely and fully responsible for the content of any of your Submissions to the Younger Years Site. Your Submissions must strictly conform to the following guidelines:
Your Submissions to the Younger Years Site must originate with you and be accurate and current. Your Submissions must not infringe any third-party rights, including, but not limited to, copyright, trademark, publicity, or privacy rights.
Your Submissions must not be fraudulent, libelous, defamatory, obscene, pornographic, harassing, abusive, threatening, racially offensive, offensively directed towards people based on their gender or sexual orientation or be otherwise objectionable. If there is any question as to what constitutes objectionable material under these Terms of Use, The Younger Years is the final arbiter of what does or does not constitute objectionable material.
Your Submissions must not be harmful to minors in any way.
Your Submissions must not advertise or solicit funds.
Your Submissions must not use the Younger Years Site to advocate or offer instructions as to illegal activities or to violate any applicable laws.
You may not make Submissions if you are under the age of 18.
Your Submissions must not be in violation of the guidelines set forth in these Terms of Use. Any such violation shall be a material breach of these Terms of Use. The Younger Years will remove, without prior notice any Submissions that violate any provision of these Terms of Use and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violations. In addition, The Younger Years may immediately and without prior notice terminate the right to access the Younger Years Site of any user who violates these Terms of Use.
You further agree that you will not circumvent our security features, corrupt any content or files on or obtained from any Younger Years Site, interfere with or in any way disrupt our service or servers, or networks connected to our service or servers, or otherwise violate any applicable law or regulation or these Terms of Use.
3. DOWNLOADING MATERIAL FROM THE YOUNGER YEARS SITE
You are permitted to download only those materials specifically available to download from the Younger Years Site for your personal use. Any material available for downloading from the Younger Years Site may not be used for any other purpose other than your personal non-commercial home use. You must not remove any notices or credits on the downloaded materials or delete, add, or otherwise modify the content of any such downloaded materials, unless you have prior written permission from The Younger Years to do so.
4. OWNERSHIP OF MATERIALS ON THE APAC ADVISOR SITES
The Younger Years Site and all the materials published or otherwise incorporated on the site ("Content"), such as text, button icons, interfaces, images, software, illustrations, video clips, audio clips, and other video and audio files are owned exclusively by The Younger Years or by others that have licensed their materials to The Younger Years. The Content is therefore protected by copyright, trade secrets, or by other proprietary rights. You may not copy, download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the Content except as stated in these Terms of Use, on the Younger Years Site, or with the prior written consent of the owners of the Content.
In addition, any of the trade names, trademarks, service marks and logos (collectively referred to as "Trademarks") that appear on the Younger Years Site are owned by The Younger Years or others that have licensed their use to us. Other Trademarks will occasionally be added to the Younger Years Site. These Trademarks may not be used in any manner without the prior written consent of their respective owners.
5. PARTNER SITES/LINKED SITES
The Younger Years Site may provide links to other websites for your convenience and enjoyment. Please note that if you access other websites through such links you do so at your sole risk. The Younger Years does not review, endorse, or control any content, advertising, products, services, or other materials on or available through those sites, nor is it responsible for any viruses, Trojan horses, or other items of a potentially destructive nature that they may contain. Your correspondence or business dealings with advertisers, partners, or other third parties through the Younger Years Site, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that The Younger Years will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the link to their sites on the Younger Years Site.
6. DISCLAIMER
THE YOUNGER YEARS IS NOT RESPONSIBLE FOR YOUR USE OF ANY CONTENT FOUND ON OR THROUGH THE YOUNGER YEARS SITE, INCLUDING, WITHOUT LIMITATION, ADVERTISING AND LINKS. BY USING THE YOUNGER YEARS SITE YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT THE CONTENT IS OFFERED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU IN FULL.
The Younger Years Site, it’s publishers’, vendors, agents, licensees, officers, directors, shareholders and employees, shall not be liable for any and all injuries, actions, claims, liabilities, damages, losses, costs or expenses, including reasonable outside attorneys’ fees, arising as a result of your or your child’s use of the Younger Years Site. The Younger Years makes no guarantee of availability of service and it reserves the right to suspend, withdraw, change or discontinue any functionality or feature of the Younger Years Site.
THE YOUNGER YEARS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN ADVISED OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES).
The Younger Years reserves the right to monitor Submissions by those who use the Younger Years Site, but it is not obliged to do so. The Younger Years disclaims any responsibility for the Content submitted by users on or through any area of the Younger Years Site including, without limitation, chat areas, bulletin boards, and e-mail. The Younger Years cannot and does not seek to limit the opinions and views of our users and such opinions and views, therefore, should not be taken to represent those of The Younger Years. The Younger Years does not represent that the Content and features on or offered through the Younger Years Site are appropriate or available for use in all countries.
The Younger Years reserves the right to terminate this agreement and/or refuse service to you at any time without notice for any reason.
7. INFRINGEMENT AND REGULATORY COMPLAINTS
The Younger Years is committed to respecting the intellectual property rights of others. It will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing it to disclose the identity of anyone downloading or posting materials, or otherwise using this Web Site in violation of applicable laws. If you believe that your proprietary rights, including copyright, have been infringed by any Content posted by users of the Younger Years, please notify The Younger Years. If the Younger Years receives such notice it will promptly respond to, remove, or disable access to, the material that is claimed to be infringing or to be the subject of any infringing activity.
When notifying The Younger Years of any claimed infringement, you must provide the following information:
a physical or electronic signature of a person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
a description of the work you claim has been infringed;
a description of the work you claim to be infringing as well as information reasonably sufficient to permit us to locate the material;
your address, telephone number, and, if available, your e-mail address;
a statement of your good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. PRIVACY
Any personal or other information submitted by you and all other Submissions to any of the Younger Years Site are subject to our Privacy Policy.
9. MISCELLANEOUS
You are solely responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Younger Years Site. If any part or portions of these Terms of Use shall be declared invalid, void or unenforceable, the remaining Terms of Use shall remain in full force and effect and shall be interpreted as closely as possible to the manner in which they were written. If any dispute arises between you and us regarding these Terms of Use, the dispute will be governed by the laws of New South Wales, Australia and subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. These Terms of Use set forth the entire agreement regarding all of the matters contained herein and should supersede all prior agreements or negotiations concerning the subject matter of these Terms of Use.