Liability
Subject to any non-excludable rights, use of the site is entirely at your own risk. Port Lincoln Tunarama Inc., its manager and employees hereby disclaim any liability to you for the use of 'Port Lincoln Tunarama Inc.' services available through this site and for any claims relating to allegations of personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this web site or any service offered through this web site or any material or information contained in, accessed through, or products purchased on this Web site.
Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material.
If circumstances arise where you are entitled to claim damages from us notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).
Indemnification
You must indemnify us and the hosts, operators, developers of and contributors to the site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.
Third party material
The site may include content or references supplied by users or other third parties (third party material). We do not monitor and accept no liability for third party material.
Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material.
We make no representation and gives no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party material or the identity, knowledge or qualifications of any third party material provider.
Your access to and reliance on third party material is entirely at your own risk.
References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.
Links to third party web sites
Links to third party web sites from the site are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites and accepts no responsibility for any broken or redirected links.
The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.
We do not review and monitor any linked third party web sites and neither the us nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site.
It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.
Inappropriate content
You acknowledge that neither we nor the hosts, operators or developers of the site are liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and that the risk of injury from such content rests entirely with you.
You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.
Viruses
We cannot and do not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Links from other sites to this site
Other sites may only link to the site with our prior written permission. Any site that links to the site:
Must link to our home page
Must not replicate site content
Must not create a browser or border environment around site content
Must not imply any endorsement by us
Must not misrepresent its relationship with us
Must not present false information about our products
Must not use our name or logos without prior written permission.
Security and availability
There are many inherent risks involved in operating a web site and transmitting information over the Internet. Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet.
Consequently, we are unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.
Copyright
We or third parties own and retain the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.
Unless otherwise expressly stipulated by us, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose.
You must not sell or otherwise commercially exploit any information made available at the site. You must ensure that all copyright notices are retained in any material copied from the site.
Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without our prior written permission.
If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.
By submitting any material to the site or to us in connection with your use of the site, you thereby assign all intellectual property rights in that material to us. You must not submit material to the site if a third party has any intellectual property rights in that material.
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