Terms of Use

Terms of Use Agreement

 

This Terms of Use Agreement (“Agreement”) is entered into by and between the authors and “you”, the user of this website, blog, video, and audio podcast, also known as “By the Bi” (“Site”). www.bythebi.com.au (“Site”) is owned and operated by By the Bi. Access to, use of, and/or browsing of the Site or listening to the podcast is provided subject to the terms and conditions set forth herein. By accessing, using, and/or browsing the Site or listening to the podcast, you hereby agree to these terms and conditions, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the site or to products and services available through the Site or from By the Bi.

 

This agreement contains warranty disclaimers and other provisions that limit the authors’ liability to you. Please read these terms and conditions carefully and in their entirety, as listening to the podcast, using, accessing, and/or browsing the site constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access, and/or browse the site or listen to the podcast.

 

By entering the site or listening to the podcast, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures, and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

 

Site Access

To access certain features of the Site, you will need a password. You are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer the password to any other person or entity. You acknowledge that By the Bi is not responsible for third party access to your account that results from theft or misappropriation of your account. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site.

 

Prohibitions

You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access; attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorisation; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by By the Bi in providing the Site or Service.

 

Medical Advice Disclaimer

The Authors provide the Site and the services, information, content, and/or data (collectively, ‘Information’) contained therein for informational purposes only. The Authors do not provide any medical and/or relationship advice on the Site, and the Information should not be so construed or used. Listening to the podcast, using, accessing, and/or browsing the Site and/or providing personal, relationship, or medical information to the Authors does not create a health care professional-patient relationship between you and the Authors. Nothing contained in the Site is intended to create a health care professional-patient relationship, to replace the services of a licensed, trained health professional or to be a substitute for medical advice of a trained health professional licensed in your state or country. You should not rely on anything contained in the Site, and you should consult a health professional licensed in your state or country in all matters relating to your health. You hereby agree that you shall not make any health, medical, or relationship related decision based in whole or in part on anything contained in the Site.

 

Financial, Legal, and Other Advice Disclaimer

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and the Authors. You hereby agree that you shall not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in the Site.

 

Information Disclaimer

The opinions expressed in the Site are not necessarily the opinions of the Authors and do not reflect the opinion of their employers or supporters. The Site is created by the Authors in the Authors’ individual capacities, is the Authors’ personal web site, is not edited by the Authors’ employers and, as a result, may not be attributed to the Author’s employer.

 

Any opinions of the Authors on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

 

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Authors undertakes no obligation to update any Information on the Site; provided, however, that the Authors may update the Information at any time without notice in the Authors’ sole and absolute discretion. The Authors reserve the right to make alterations or deletions to the Information at any time without notice.

 

Licence to Use the Digital Assets

Use of the Digital Assets is solely for your personal, non-commercial purposes.

 

Unless explicitly stated in these Terms of Use, nothing in the Digital Assets is to be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise.

The text, images, designs, graphics, pictures, applications, software, music, podcasts, sound files, animation files, video files, and their arrangement on the Digital Assets (or any part thereof) must not be copied, reproduced, adapted, transmitted, communicated, or distributed, nor may they be modified, reposted to, or otherwise made available from other sites or services in any manner.  This includes using any in-line links, frames, web feeds, or any other form of linking to communicate or make available the Objects (or any part of the Objects) from another site or service. Some Objects may be subject to the intellectual property rights of third party providers. You agree that you will not commercialise any aspect of the Digital Assets or use our trademarks or logos, without our prior written consent. Subject to any applicable law, we may revoke the permissions referred to in this section at any time and may suspend or deny you access to all or any part of the Digital Assets without notice.

 

Third Party Links and Advertisements Disclaimer

The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not necessarily as a guarantee, warranty, or recommendation by the Authors of the services, information, content, quality of information, and/or data on such third party web sites or as an indication of any affiliation, sponsorship, or endorsement of such third party web sites. The Authors are not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

 

The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the authors make no representations and/or warranties about, any product or service contained therein.

 

Disclaimer of All Warranties

The Information made available at the Site is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Authors make no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness, completeness, or appropriateness for any application of the Information, that the Information may be relied upon for any reason, or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

 

Without limiting the generality of the foregoing, the Authors make no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.

 

Under no circumstances, as a result of your use of the Site, will the Authors be liable to you or to any other person for any direct, indirect, punitive, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Authors shall have absolutely no liability in connection with the Site for:

1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;

2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;

3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

4. any decision made or action taken or not taken in reliance upon the Information.

 

You agree that the information you hear on the podcast and/or view on this website is not in any way unlawful in your state, province, country, municipality, or other jurisdiction. If you are in violation of local and/or federal laws, you are solely responsible for your actions. You also agree that you do not find the content or images to be offensive or objectionable.

 

Reservation of Intellectual Property Rights

The Site is protected by the copyright laws of Australia. The Authors hereby reserve any and all intellectual property rights in the Site.

 

Age Restriction

By the Bi contains adult content and may contain graphic visual depictions and descriptions of nudity and sexual activity. The podcast and Site are intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not listen to the podcast, access, use, and/or browse the Site.

 

Indemnification

You agree to indemnify and hold harmless By the Bi, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, losses, liabilities, damages, demands, or costs, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.

 

Invalidity

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

 

Governing Law, Consent to Jurisdiction, and Limitation on Claims

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of Australia and the State of New South Wales without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New South Wales. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

 

Entire Agreement

You hereby acknowledge that this Agreement represents the entire understanding between you and the Authors concerning your use of the Site and the Information contained therein.

 

Modification

The Authors may, in the Authors’ sole and absolute discretion, change, modify, add, or delete portions of the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site. You are responsible for keeping yourself updated on any changes.

 

Waiver

The Authors’ failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision. The site and the information contained therein is made available by the authors for educational purposes only and is not intended to provide medical and/or relationship advice. By accessing the site, you understand and acknowledge that there is no health professional-patient relationship between you and the authors. You further acknowledge your understanding that the site should not be used as a substitute for competent medical and/or relationship advice from a licensed health professional.

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