Last updated: 01/30/2017
TERMS OF SERVICE
Welcome to Global Lip Service Pty Ltd Website.
These Terms of Service (“TOS”) govern your access and use of the GLOBAL LIP SERVICE PTY LTD website (http://www.globallipservice.com.au) When You access our online review site, or make use of the Services (as hereafter defined) in their present form, or as they may be modified from time to time, You are agreeing to these TOS, which create a legally binding agreement between You and GLOBAL LIP SERVICE PTY LTD.
- Disclaimers, Limitation of Liability, Releases.
- YOU AGREE THAT USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. NEITHER GLOBAL LIP SERVICE PTY LTD NOR ANY OF ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TOS. THE DISCLAIMERS CONTAINED IN THESE TOS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- IN NO EVENT WILL GLOBAL LIP SERVICE PTY LTD, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE.
- As used in these TOS, the terms “YOU” and “YOUR” will collectively mean the entity authorizing YOU to access this Website and use the Services, and You individually.
- As used in these TOS, the term “Services” shall collectively mean all of the services that GLOBAL LIP SERVICE PTY LTD provides through this site, including, but not limited to providing access to forums and discussion groups, making certain media content, certain resources available, publishing newsletters and articles of interest, fund raiser platforms as well as other special offers opportunities open to YOU. Unless otherwise stated, these TOS shall apply to all Services provided by GLOBAL LIP SERVICE PTY LTD through this Site. In addition, from time to time, we may offer other services, which may be subject to additional terms. In such events, we will make it known through our website or via the email provided on your registration.
- We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with GLOBAL LIP SERVICE PTY LTD, and any inconsistencies among the different versions will be resolved in favor of the English version.
- If YOU do not agree to any provision of these TOS as currently posted, or as may be amended from time to time by GLOBAL LIP SERVICE PTY LTD in its sole discretion, then YOU agree to immediately notify GLOBAL LIP SERVICE PTY LTD, and cease accessing this Site and stop using any Services made available by GLOBAL LIP SERVICE PTY LTD
- Registration; Account Security.
- Intended User. Our business GLOBAL LIP SERVICE PTY LTD is an online review website and our intended user are 18 years of age or older, or that You will use GLS only under the supervision of Your parent or guardian who has agreed to these Conditions. We reserve the right to refuse or limit access to the Services to any person or entity, in our sole discretion. We may, without notice and in our sole discretion, terminate YOUR right to use the Services, or any portion thereof, and block or prevent YOUR future access to our group and use of the Services, or any portion thereof.
Account Registration. An account registration is required to use the Services. Your registration gives you access to our services, with a unique username. You can cancel your GLOBAL LIP SERVICE PTY LTD account at any time by contacting GLOBAL LIP SERVICE PTY LTD.
To begin the registration process on website, Global Lip Service Pty Ltd will only verify that you are you and that you have a real account, through:
- Email address
- Phone number (if available)
- Your name, and state
- Account Security. You are advised to keep your username and password safe at all time. YOU and only YOU are solely responsible for your account details including passwords.
- Electronic Communication. When YOU join our online review platform and use the Services, or send e-mails to us, YOU are communicating with us electronically and YOU consent to receive communications from us electronically. We will communicate with YOU by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to YOU electronically satisfy any legal requirement that such communications be in writing.
- The Services.
- Grant of License. Subject to the terms of this TOS:
- GLOBAL LIP SERVICE PTY LTD hereby grants YOU a non-exclusive, non-transferable, revocable, worldwide license (without the right to grant sublicenses) to access through a browser interface to use the Services solely for YOUR personal use in the normal course of YOUR business or other purposes for which the website is so designed.
- Restrictions. You shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Services, in whole or in part, available to any third party;
- modify or make derivative works based upon the Services;
- reverse engineer or reverse compile any part of the Services;
- access the Services in order to design, develop, build, market or support a competitive product or service;
- Ownership. Subject to the rights granted to YOU above, GLOBAL LIP SERVICE PTY LTD and its licensors and suppliers own and retain all right, title, and interest in and to the following (collectively, “GLOBAL LIP SERVICE PTY LTD Property”):
(a) The Services, in this Site, and all other software, hardware, technology, documentation, and information provided by GLOBAL LIP SERVICE PTY LTD in connection with the Services;
(b) All ideas, know-how, and techniques that may be developed, conceived, or invented by GLOBAL LIP SERVICE PTY LTD during its performance under these TOS; and
(d) All worldwide patent, copyright, trade secret, trademark and other intellectual property rights in and to the Services.
- Third Party Content. GLOBAL LIP SERVICE PTY LTD makes an extensive collection of items available to you. All such content is either owned by GLOBAL LIP SERVICE PTY LTD. or is owned by third parties and is used with each such owner’s permission. In connection therewith, GLOBAL LIP SERVICE PTY LTD hereby grants YOU a limited, revocable license to use any such content made available to YOU through the Services for the limited purposes of using any such content in connection with your use of the Services made available by GLOBAL LIP SERVICE PTY LTD through this Site.
- Your Content.
- License to Content. You hereby grant GLOBAL LIP SERVICE PTY LTD a non-exclusive, worldwide right:
(a) To use and display any information, commentary, creative works, videos, images, text and other materials that you provide to us or that are otherwise uploaded to, or captured by the GLOBAL LIP SERVICE PTY LTD Platform (collectively, “Content”) while You use the Services.
- Content Ownership. GLOBAL LIP SERVICE PTY LTD does not obtain any rights under these TOS from You.
(a) You have all rights in Your Content necessary to grant the rights contemplated by these TOS. We may disclose Your Content to provide the Services to YOU, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
- Content Management. Please take care when posting information and other content, including text, data, photos, audio, video, and other materials (hereafter referred to as “User Content“), to Global Lip Service Pty Ltd as some content may be prohibited. Even though YOU retain all ownership rights in Your Content, there are many things that a user or recipient of Your Content can do with Your Content. For example, a recipient of Your Content may copy it, modify it, re-share it, or broadcast it. You agree that GLOBAL LIP SERVICE PTY LTD has no responsibility for that activity. In addition, you acknowledge and agree that publishing Your Content through the Services is no substitute for registering Your Content with the Copyright Office, or any other rights organization. Please consider carefully what Content YOU choose to share and with whom.
- Reviews, Comments and Communications. The Services may allow YOU to post reviews, comments and other communications (collectively, “Comments”) regarding content posted, uploaded or otherwise made available through the Services. So long as any such Comments are not illegal, objectionable, defamatory, obscene, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to others, YOU may post Comments to content.
- Purchase of Additional Services.
H. Cancellations and Refunds
- As Global Lip Service Pty Ltd have no hard and fast rule contracts for its subscribers, any cancellations must be made prior to the renewal date which can be done via your account settings.
- You acknowledge and agree that as a term and condition of using the Website, any fees incurred in accordance with our fee schedule are non-refundable.
- If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any refund request.
- In any other case refunds will only be given at the absolute discretion of Global Lip Service Pty Ltd.
- A refund request is granted conditionally, that is, we will deduct a 10% transaction fee from original amount refundable.
- Term and Termination.
- The term of YOUR authorization to access and use the Services shall be for an indefinite period of time, but may be terminated by GLOBAL LIP SERVICE PTY LTD at any time without any penalty.
- Termination upon Breach. If you breach any provision of these TOS, including, but not limited to engaging in any unauthorized use of the Services or engage in any prohibited act as identified in these TOS, GLOBAL LIP SERVICE PTY LTD may, in its sole discretion, terminate Your rights to access and use the Services immediately, without additional notice to You. GLOBAL LIP SERVICE PTY LTD’S termination of Your rights to access and use the Services for any such breach is not an exclusive remedy and GLOBAL LIP SERVICE PTY LTD reserves all other rights at law and in equity that it may have against You for any such breach.
- Permitted Use of the Services.
- The Services are the property of GLOBAL LIP SERVICE PTY LTD and YOUR access to the Services is solely with our permission. Any unauthorized access or use will, among other things, be deemed a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of the Services, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies, as we deem reasonably necessary.
- You expressly agree that YOU will only use the Services for lawful purposes.
- Prohibited Use of the Services. You are prohibited from doing any act that has the effect of undermining the integrity of our reputation, our computer systems and network infrastructure of this Site, our Services and the method by which we provide our Services to our users. As a material term of these TOS, You expressly agree that You shall NOT do any of the following:
- Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to access, view, select, or copy in whole or in part, any content, program, functionality of the Services, or any other proprietary information or trade secret of GLOBAL LIP SERVICE PTY LTD’S that is made available through the Services.
- Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to Your access and use of the Services for any purpose;
- Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on the Services, its hardware and connections, or prohibits, denies or delays access to the Services or otherwise threatens the continuous services of our ISP’s.
- Attempt to circumvent any content or functionality filtering methods we employ, or otherwise attempt to access certain aspects of the Services that You are not authorized to access;
- Post or transmit through any of our platforms or group any material which:
- violates or infringes in any way upon the rights of others;
- is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
- encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- Creates or attempts to create any liability on GLOBAL LIP SERVICE PTY LTD
- Data Collection. We don’t collect any data more than what you are providing us, and will only do so if it is used to pre-evaluate you for our additional services. You will receive a response within 1-3 business days regarding the acceptance or decline of your advert service application. Would you be accepted, we’ll send you the official application confirmation link to be filled and resent to us.
- GLOBAL LIP SERVICE PTY LTD’S Trademarks and Service Marks. The trademarks, logos, and service marks (collectively the “GLOBAL LIP SERVICE PTY LTD Trademarks”) displayed on this Site and within the Services are the registered and/or unregistered marks of GLOBAL LIP SERVICE PTY LTD or are otherwise used in accordance with applicable law. Nothing contained within the Services should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any GLOBAL LIP SERVICE PTY LTD Trademarks displayed within the Services without GLOBAL LIP SERVICE PTY LTD’S written permission. Your unauthorized use of the GLOBAL LIP SERVICE PTY LTD Trademarks displayed in the Services is strictly prohibited.
- Third Party Trademarks. GLOBAL LIP SERVICE PTY LTD may also display trademarks on the Site and in the Services that are registered to, or are otherwise owned by third parties (“Third Party Marks”) and GLOBAL LIP SERVICE PTY LTD displays such Third Party Marks with the consent of their respective owners. All right, title and interest in and to Third Party Marks belong to their respective owners and neither GLOBAL LIP SERVICE PTY LTD nor You acquire any rights to such Third Party Marks.
- Equipment. You will be responsible for obtaining and maintaining all computer hardware, Internet connections and any other equipment reasonably necessary to access and use the Services. High speed Internet access is strongly recommended for regular use. You agree that GLOBAL LIP SERVICE PTY LTD will not be responsible for any interruption, delay or inconsistent operation of the Services due to YOU not using necessary or compatible equipment, or a high speed Internet connection.
- Indemnification. You agree that YOU will, at YOUR expense, indemnify, defend, settle, and hold GLOBAL LIP SERVICE PTY LTD, its directors, officers, shareholders, employees and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of YOUR use of the Services, including but not limited to any use of the Services that is not authorized by these TOS. In addition to the foregoing, in any such action, YOU will pay any judgment awarded against GLOBAL LIP SERVICE PTY LTD or any settlement agreed to by YOU, and any authorized expenses incurred by Global Lip Service Pty Ltd. GLOBAL LIP SERVICE PTY LTD reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by YOU, in which event YOU will assist and cooperate with GLOBAL LIP SERVICE PTY LTD in asserting any available defences.
- General Copyright Compliance. These TOS are to be construed in accordance with the laws of New South Wales, Australia, and the laws of the Commonwealth of Australia as applicable, without regard to its conflict of laws provisions. These TOS, as updated from time to time, constitute the entire agreement between us with respect to YOUR use of this Website. GLOBAL LIP SERVICE PTY LTD’S failure to enforce any breach of this Agreement by You does not constitute a waiver of GLOBAL LIP SERVICE PTY LTD’S right to enforce any term of these TOS in the future for a similar breach.
- All notices regarding any matter pertaining to these TOS, or the policies referenced herein, including any notice of claim, summons or subpoena will be sent to GLOBAL LIP SERVICE PTY LTD’S company address below where we can track all communication more effectively.
NB: Please send all written correspondence of alleged infringements to:
GLOBAL LIP SERVICE PTY LTD
Attention: Legal/Copyright Agent.