The www.newsboss.com website (“website”) is owned and managed by Desktop Technologies Pty. Ltd. (“Desktop Technologies”).
Use of the Website
Changes to This Agreement
Desktop Technologies reserves the right, at its sole discretion, to modify, alter, or otherwise change this Agreement at any time. Desktop Technologies will provide notice of such change on this website. Please review this Agreement periodically for changes. Your continued use of the website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the website.
Privacy and Protection of Personal Information
Accounts, Security and Passwords
In accessing and using the www.newsboss.com website, you agree that you will not:
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Use this Desktop Technologies service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the website or other users' devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to the website, any related website, other accounts, computer systems, or networks connected to the website, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the website, including harvesting or otherwise collecting information about others such as email addresses.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS DESKTOP TECHNOLOGIES WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS DESKTOP TECHNOLOGIES WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. DESKTOP TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS DESKTOP TECHNOLOGIES WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS DESKTOP TECHNOLOGIES WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DESKTOP TECHNOLOGIES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. DESKTOP TECHNOLOGIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS DESKTOP TECHNOLOGIES WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS DESKTOP TECHNOLOGIES WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. DESKTOP TECHNOLOGIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS DESKTOP TECHNOLOGIES WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
DESKTOP TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitations on Liability
In no event shall Desktop Technologies, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Desktop Technologies website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this Desktop Technologies website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this Desktop Technologies website or any information, software, products, services, and related graphics obtained through this Desktop Technologies website; (vi) any transactions entered into through this Desktop Technologies website; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this Desktop Technologies website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Desktop Technologies website and Desktop Technologies Internet services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Desktop Technologies has been advised of the possibility of damages.
You agree to indemnify and hold harmless Desktop Technologies, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of this Desktop Technologies website and any related Desktop Technologies Internet Service and/or software. You agree to cooperate fully with Desktop Technologies in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DESKTOP TECHNOLOGIES' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Modification or Termination by Desktop Technologies
Desktop Technologies reserves the right, in its sole discretion, to modify, suspend, or terminate this Desktop Technologies website and/or any portion thereof, and/or your access account, password, and/or access to the customer only protected areas of the Desktop Technologies website, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for the Desktop Technologies website removes your authorization to use the customer only protected areas of the Desktop Technologies website. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Desktop Technologies shall not be liable to you or any third party for any termination of your access to the Desktop Technologies website.
Links to Other Websites
Software and Other Downloads Available Through This Website
Any software that is made available to access, use, view and/or download in connection with a Desktop Technologies website ("Software"), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Desktop Technologies and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement or other additional terms, if any, which accompany or are included with the Software. Desktop Technologies accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
International Use/U.S. Export Controls
Accessing materials on this Desktop Technologies website by certain persons in certain countries may not be lawful, and Desktop Technologies makes no representation that materials on this Desktop Technologies website are appropriate or available for use in locations outside Australia. If you choose to access this Desktop Technologies website from outside Australia, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
Portions of software downloadable from this Desktop Technologies website may be subject to restrictions under United States export laws. No software or any other materials associated with this Desktop Technologies website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under United States export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Desktop Technologies website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Desktop Technologies with respect to the use of the www.newsboss.com website and shall not be modified except in writing, signed by an authorized representative of Desktop Technologies.
Desktop Technologies Pty. Ltd.
PO Box 277
Copyright and Trademark Notice
The Desktop Technologies website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Desktop Technologies logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the Australia, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Desktop Technologies or by other parties that have provided rights thereto to Desktop Technologies.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Desktop Technologies website, in whole or in part, without the express written permission of Desktop Technologies or unless otherwise permitted through the functionality of this Desktop Technologies website.
Other trademarks, service marks, product names and company names or logos appearing on this Desktop Technologies website that are not owned by Desktop Technologies website may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Desktop Technologies website, or frame this Desktop Technologies website, or any web page or material herein, nor may any entity include a link to any aspect of this Desktop Technologies website in an email for commercial purposes, without the express written permission of Desktop Technologies. Further, unless otherwise expressly permitted, you agree not to link to Desktop Technologies' Intellectual Property so as to cause you or anyone else to access Desktop Technologies' Intellectual Property other than through this Desktop Technologies website.
This Agreement was last modified on 10 July, 2014.