Legal

Thank you for visiting James Courtney’s website. This website has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before accessing or using the James Courtney website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.

Modification of these Conditions of Use

James Courtney reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the James Courtney website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Electronic Communications

When you visit the James Courtney website or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Shock Media, its suppliers or it’s clients and are protected by Australian and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of James Courtney.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately to notify us of the infringement.

License and Website Access

James Courtney grants you a limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of James Courtney.

This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of James Courtney.

You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of James Courtney without the express written consent of James Courtney.

You may not use META tags or any other “hidden text” which utilise jamescourtney.com.au, James Courtney or any other derivative of our domain or company name without the express written consent of James Courtney.

You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of James Courtney so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that James Courtney cannot and does not guarantee or warrant that files made available for downloading through the James Courtney website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through James Courtney are free from such contaminations. James Courtney will not be held liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

James Courtney assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site.

Third Party Links

Linked websites are not under the control of James Courtney and James Courtney is not responsible for the contents of any linked site or any link contained in a linked site. James Courtney provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by James Courtney of the site.

Applicable Law

By visiting the James Courtney website, you agree to the laws of Australia & the State of Queensland, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and James Courtney.

Disputes

Any dispute relating in any way to your visit or access of the James Courtney website or to the products or services you purchase through the James Courtney website shall be submitted to binding arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate James Courtney’s intellectual property rights, James Courtney may seek injunctive or other appropriate relief in any state or federal court in Australia.

Indemnification

You agree to indemnify, defend and hold harmless James Courtney, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the James Courtney website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australian States or the country in which you reside.

Other Provisions

James Courtney’s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Shock Media may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Request and Address

Please send notices by care to our Mailing Address:

James Courtney
PO Box 212
Paradise Point QLD 4216
Australia