TERMS OF SERVICE Last Updated: July 4, 2014

PLEASE READ THIS DOCUMENT CAREFULLY

In these terms and conditions, "us", "we" or "our" means Pozee Pty Ltd (ABN 74 167 389 924).

Pozee Pty Ltd operates the Pozee mobile app and related website (“Pozee”). By using Pozee in any way, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not wish to be bound by these Terms, do not use Pozee.

We may change these Terms at any time. If we do, an amended version of the Terms will be posted on this page. You are responsible for ensuring that you regularly review the Terms and your continued use of Pozee after any changes are made to the Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms, or otherwise become dissatisfied with your membership of Pozee your only remedy is to immediately discontinue your use of Pozee and/or terminate your membership in accordance with these Terms.

Contents

1) Eligibility

You must be at least 18 years old to use Pozee. Use is void where prohibited. By using Pozee, you represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you use Pozee, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

We may, in our sole discretion, refuse to offer the Services to any person or entity.

2) License to Use Pozee

You acknowledge and agree that Pozee Pty Ltd owns and retains all proprietary rights in Pozee.

Pozee Pty Ltd grants you a limited, non-exclusive license to access and use Pozee for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by us in writing, you will not reproduce, modify, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Pozee. Nor will you take any measures to interfere with or damage Pozee. All rights not expressly granted by Pozee Pty Ltd are reserved.

3) Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of these Terms. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for;
  • What third-party information, if any, you are agreeing to share by using Pozee; and
  • With whom we share that information.

4) Registration

To use Pozee, you must register an account. By registering an account you expressly acknowledge and agree that we may share your member profile with other Pozee users in your geographic location.

You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password.

Please take precautions to protect your password and contact us at privacy@pozeeapp.com if you believe your account has been accessed by an unauthorized person.

5) Term and Termination; Account Deletion

This Agreement begins on the date you first use Pozee and continues until terminated in accordance with the provisions hereof.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation or goodwill. If we delete your account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by us will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. We shall not be responsible for the loss of such content.

6) Disclaimers; Limitation of Liability

You are solely responsible for your interactions with other Pozee users. You understand that we currently do not conduct criminal background checks on our users. We also do not inquire into the backgrounds of all of our users or attempt to verify the statements of our users. We make no representations or warranties as to the conduct of users or their compatibility with any current or future user. We reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches) at any time and using available public records.

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, exemplary, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Pozee service or persons you meet through Pozee. You agree to take reasonable precautions in all interactions with other users of the service, particularly if you decide to meet offline or in person.

Pozee Pty Ltd reserves the right to modify Pozee. You are responsible for providing your own access to Pozee. Pozee Pty Ltd has no obligation to screen or monitor any content and does not guarantee that any content available on Pozee complies with these Terms or is suitable for all users.

Pozee Pty Ltd provides Pozee on an “as is” and “as available” basis. You therefore use Pozee at your own risk. Pozee Pty Ltd expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Pozee Pty Ltd makes no representations or warranties:

  • That Pozee will be permitted in your jurisdiction;
  • That Pozee will be uninterrupted or error-free;
  • Concerning any content submitted by any user;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on Pozee or will be stored by Pozee Pty Ltd;
  • That Pozee Pty Ltd will continue to support any particular feature of Pozee;
  • Concerning sites and resources outside of Pozee, even if linked to from Pozee.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Pozee, and no warranties shall apply after such period.

7) Prohibited Activities

In using Pozee, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Act in a deceptive manner by, among other things, impersonating any person;
  • Collect information about others;
  • Express or imply that any statements you make are endorsed by Pozee Pty Ltd without our specific prior written consent.
  • Distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the service or its contents.
  • Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • Interfere with or disrupt the service or the servers or networks connected to the service.
  • Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Pozee Pty Ltd has the right, but not the obligation, to monitor all conduct on and content submitted to Pozee.

8) Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Pozee Pty Ltd or to any other user. If information provided to Pozee Pty Ltd, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

  • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • contains sexually explicit content;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

9) Licenses Granted by You

You grant Pozee Pty Ltd and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Pozee permission to view your content for their personal, non-commercial purposes. If you make suggestions to Pozee Pty Ltd on improving or adding new features to Pozee, Pozee Pty Ltd shall have the right to use your suggestions without any compensation to you.

10) Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that:

  • you have the right to submit the content to Pozee Pty Ltd and grant the licenses set forth above;
  • Pozee Pty Ltd will not need to obtain licenses from any third party or pay royalties to any third party;
  • the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
  • the content complies with these Terms and all applicable laws.

11) Indemnification

By agreeing to these Terms you agree to indemnify, defend and hold harmless Pozee Pty Ltd and its affiliates, directors, officers, employees, and agents, from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your use of the service.

12) General Provisions

Governing Law: This Agreement shall be governed by the laws of the State of Western Australia and any action arising out of or relating to these Terms or your use of Pozee must be commenced in the state or federal courts located in Western Australia (and you consent to the jurisdiction of those courts).

Interpretation; Severability; Waivers; Remedies: Headings are for convenience only and shall not be used to construe these Terms of Service. If any term set forth in these Terms is found invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms will continue in full force and effect. No failure or delays by Pozee Pty Ltd in exercising any right hereunder will waive any further exercise of that right. Pozee Pty Ltd.’s rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third Party Beneficiaries: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms without our prior written consent. No third party shall have any rights hereunder.

Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from Pozee Pty Ltd electronically. Support-related inquiries or notices of a legal nature may be sent to us at privacy@pozeeapp.com.

Modification: These Terms may not be modified except by a revised Terms of Service posted by Pozee Pty Ltd on Pozee or a written amendment signed by an authorized representative of Pozee Pty Ltd. A revised Terms of Service will be effective as of the date it is posted.

Entire Agreement: These Terms and Privacy Policy constitutes the entire understanding between Pozee Pty Ltd and you concerning the use of the Pozee service and supersedes all prior agreements and understandings regarding the same.