Terms Of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to Sexperience (the “Site”). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Sexperience services or otherwise.
The Site contains material intended for persons over 18 years of age who are permitted to view such material by the laws governing the location of access. If you are under 18 years of age, or if you are accessing this site from a location where such material is prohibited by law, please do not enter.
The Sexperience website (www.sex.perience.com.au) is owned and operated by Sexperience (ABN 50 600 970 143) herein referred to as ‘Sexperience’.
All Site materials, including, without limitation, the Sexperience Logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2015 Sexperience, ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Sexperience or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of Sexperience or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Sexperience, the Sexperience logo and products and services described in this Site, are either trademarks or registered trademarks of Sexperience and/or its service providers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sexperience. In addition, all page headers, custom graphics, button icons and scripts are trademarks of Sexperience, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sexperience. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
Sexperience grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Sexperience or any third party. The right to use the Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You may not use, frame or utilize framing techniques to enclose any Sexperience trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Sexperience’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilising a Sexperience name, trademark or product name without Sexperience’s express written consent. You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of Sexperience, and Sexperience is not responsible for any data lost while transmitting information on the Internet. In spite of Sexperience’s efforts to keep the site accessible continuously, the Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Sexperience, access to the Site may be interrupted, suspended or terminated from time to time.
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Sexperience or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Sexperience logo or other graphic or trademark of Sexperience to link to this Site without the express written permission of Sexperience. This limited right may be revoked at any time.
Sexperience makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Sexperience and Sexperience is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Sexperience is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Sexperience of the site or any information contained therein. Upon leaving the Sexperience site, you should be aware that Sexperience ‘s terms and policies no longer apply and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of each external site.
In using this Site, you agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
not to use or attempt to use another’s account, service or system without authorization from Sexperience, or create or use a false identity on this Site;
not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulationn that relate to your use of or activities on this Site.
It is Sexperience’s policy to respect the copyright and intellectual property rights of others.
If you believe that Sexperience or any user of our site has infringed your copyright in any material way, please notify Sexperience via email firstname.lastname@example.org , and provide the following information:
A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest.
An identification of the copyrighted work claimed to have been infringed.
An identification of the material that you claim is infringing so that we may locate it on the site.
Your address, telephone number and email address.
A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law.
An affirmation by you that the above information in your notice is accurate and that you are authorised to act on behalf of the owner of the copyright interest involved.
Compliance with the Spam Act
Sexperience complies with the Spam Act 2003 (Cth). You will only receive electronic communications from Sexperience if you have registered to receive such communications or have otherwise consented to receiving commercial electronic messages from Sexperience in accordance with the Spam Act 2003 (Cth). All Sexperience communications contain an unsubscribe option.
You agree to indemnify and hold harmless Sexperience from any claim, action, demand, loss or damages (including legal costs on a solicitor and own client basis and whether incurred by or awarded against Sexperience) directly or indirectly made or incurred by any third party arising out of or relating to your conduct, your breach of these terms and conditions, or your breach of any rights of a third party as a result of your conduct or breach of these terms and conditions.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Sexperience, or postings on this Site, are not confidential and shall become the sole property of Sexperience. Sexperience shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Sexperience, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEXPERIENCE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY SEXPERIENCE OR ITS DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
STATUTORY WARRANTIES THAT ARE IMPLIED UNDER DIVISION 2 PART V TRADE PRACTICES ACT 1974 (CTH) ARE NOT EXCLUDED IF GOODS ARE OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. NEITHER SEXPERIENCE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.
YOU ACKNOWLEDGE THAT SEXPERIENCE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, SEXPERICENCE ASSUMES NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
SEXPERIENCE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SEXPERIENCE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY SEXPERIENCE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES SEXPERIENCE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SEXPERIENCE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
SEXPERIENCE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF SEXPERIENCE, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
SEXPERIENCE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE (INCLUDING ACCESSING HYPERLINKS) OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.
SEXPERIENCE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM SERVICE PROVIDERS LISTED ON SEXPERIENCE. THE USER IS AWARE THAT THE SERVICE PROVIDERS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO SEXPERIENCE AND SEXPERIENCE HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
SEXPERIENCE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
EXCEPT FOR RIGHTS CONFERRED ON USERS BY THE TRADE PRACTICES ACT 1974 (CTH) AND SIMILAR LAWS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED, SEXPERIENCE EXCLUDES (AND TO THE EXTENT THAT EXCLUSION IS PROHIBITED, LIMITS TO THE MAXIMUM ALLOWABLE EXTENT) ANY AND ALL WARRANTIES AND CONDITIONS SPECIFIED IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, SEXPERIENCE’S LIABILITY FOR BREACH OF ANY IMPLIED WARRANTY OR CONDITION OR UNDERTAKING WHICH CANNOT BE EXCLUDED IS LIMITED, AT THE OPTION OF SEXPERIENCE, TO:
IN THE CASE OF SERVICES:
THE SUPPLYING OF THE SERVICES AGAIN; OR
THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, SEXPERIENCE AND ITS AFFILIATES , DIRECTORS, EMPLOYEES, ADVERTISERS, SERVICE SUPPLIERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING SEXPERIENCE OR RELATED SERVICES EXCLUDE (AND TO THE EXTENT THAT EVERY EXCLUSION IS PROHIBITED, LIMIT TO THE MAXIMUM ALLOWABLE EXTENT AT LAW) AT ANY AND ALL LOSS AND INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE SEXPERIENCE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SEXPERINCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT SUCH LIABILITY CANNOT BE EXCLUDED, SEXPERIENCE LIMITS ITS LIABILITY TO, AT ITS OPTION:
IN THE CASE OF SERVICES:
THE SUPPLYING OF THE SERVICES AGAIN; OR
THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia and the courts of New South Wales shall have exclusive jurisdiction with respect to any disputes related to these terms and conditions save and except that, in the event any such dispute is a matter with respect to which the Federal Court of Australia has exclusive jurisdiction, proceedings shall be brought in the New South Wales District Registry of that Court. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Sexperience reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.