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Terms Of Use


Preamble

  1. This non-exclusive End-User License Agreement is a legally binding contractual agreement between you as Licensee (whether natural or legal person or other organisation) and Amazing People Publications Ltd (“Licensor”) concerning the use of the website resources marketed and identified by using the term “Amazing People Library” (“APL”) and made available on the website, “www.amazingpeoplelibrary.com”, (“the Website”) along with any related APL printed materials, documents, software and or other APL materials whether in a printed, an "online" or electronic format (“the Product”). Please read the terms and conditions of this End-User License Agreement carefully. By installing, copying, otherwise using or accessing the Product using your computer, you are declaring yourself to be in agreement with the terms and conditions of this End-User License Agreement. If you do not agree to the terms and conditions of this End-User License Agreement, you are not entitled to access, copy, install or otherwise use the APL Product.


  2. The Trade Practices Act and similar legislation in various countries may confer additional and or other legal rights and remedies on you in relation to the provision of the Product by the Licensor, which cannot be excluded, restricted or modified.

  • This Product is provided by the Licensor on an ‘as is’ basis.

  • The Licensor and its contractual partners make no representations or warranties of any kind, express or implied, as to the operation of, your access to, or the results of your access to the Website (including any related or linked websites) or the correctness, accuracy, timeliness, completeness or reliability of the information, content, materials or products included on the Website or with respect to the Product.

  • To the full extent permissible by applicable law, the Licensordisclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

  • The Licensor will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Website or in relation to the Product, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, the Licensor hereby limits its liability to the maximum extent permitted by law, to provide the said information.


Medical and Educational Disclaimer

The Product content relates in whole or in part to “BioViews”. BioViews are virtual interviews constituting a literary interpretation of biographical information. Therefore, neither the Licensor, nor its contractual partners warrant that the information contained in the Product is complete or comprehensive in terms of accuracy or concerning any given interpretation. The Licensor is not responsible for any errors or omissions or the results arising from the use of or reliance upon such information in relation to the Product. Licensees are expressly advised to compare and verify the information contained in the Product and or BioViews content with other independent sources.


Links to other sites

The Licensor is not in any way responsible for the content of any other websites or pages linked to or linking to the Product and or Website, nor does it in any way endorse, or otherwise sponsor, such links. Such links are provided solely for your information. Links to any other websites or pages accessed and or relied upon by the Licensee shall be at the latter’s own risk.


Intellectual Property Usage

These intellectual property rights relate to products and services provided by the Licensor, either directly, or indirectly, to its third party customers. The Licensor has used and continues to use the Marks as trade marks inside and outside Australia and asserts its entitlement to do so to the exclusion of others.


No intellectual property rights either owned and or used by the Licensor may be used as trademarks or in connection with the supply of goods or services by any other person without express prior permission in writing from the Licensor. The Licensor has strict written guidelines as to the manner in which its trademarks and other intellectual property may be used by authorised users and authorized users must agree to abide by the terms and conditions of these written guidelines, in writing, in advance of any usage.


Miscellaneous

This End-User License Agreement is governed by the laws of Germany. Place of jurisdiction shall be Bonn, Germany.


There are no verbal and or collateral agreements in place. Amendments, additions and supplements to this contractual agreement are only valid if agreed in advance, in writing, between the Licensor and the Licensee.


In the event that one or more causes of this contractual agreement should be or become void or invalid, the remainder of the contractual agreement shall remain otherwise unaffected. The parties are in such cases obliged the replace the void or invalid clause or clauses with another clause or clauses that most closely results in the same commercial consequence as the void or invalid clause or clauses. The same obligation applies in cases where any clause required by law has been inadvertently omitted from the contractual agreement.


Our Commitment

  1. Information provided will be held in a secure system. Unless otherwise required by law, the Licensor commits not to divulge any information provided. Information supplied will be used to process orders, including calculating the amount payable, and to otherwise communicate with you as Licensee. Aggregate statistics concerning Product sales, traffic patterns and the related Website usage will be collected for business purposes. These statistics will not include personal information that would permit identification of the Licensor If assistance concerning usage of the Website including accessing the “Amazing People Library” material, the Licensor shall, to a reasonable extent, provide assistance.

  2. The Licensor shall advise when new products and services are created and reserves the right to may add, delete or change some or all of the online material and or services relating to the Product at any time.


Club Membership Requirements

  1. Upon entering into this Agreement, Licensor is obliged to comply with the following terms and conditions, including, but not limited to respect for copyright and compliance with the law. In addition, Licensee is obliged not to use the BioViews that Licensor has made available or supplied other than in accordance with the terms and conditions of this Agreement and or Licensor’s general terms and conditions of business and or any other written agreement entered into with the Licensor from time to time, as may be applicable. Licensee further expressly agrees not to reproduce, transmit, make available, adapt, modify, frame (by whatever means), link to, forward, create derivative works based upon, distribute, disseminate, sell, publish, sublicense, or in any way integrate the Product and or Website content with other third party content. Licensee further expressly agrees not to do any other act that may infringe copyright and or any other law, or otherwise use any of the Product material on the Website without first obtaining the express, advance written permission of the Licensor. Licensor agrees to pay for the Product and Website services, pursuant to separate written payment terms covering the relevant period of time during which the relevant usage license is in place.

  2. Licensee agrees to always provide Licensor with complete and accurate information.

  3. Licensee agrees to keep any Product and or BioViews in the original form in which they were made available to Licensee and not to make any unauthorized changes at any time. Licensor reserves the right to include other information (including information identifying the author, the copyright owner, or the terms upon which the Product or BioViews are supplied) to any BioViews or Product supplied to Licensee. The Licensee commits not to circumvent any measures that Licensor has taken to protect the legal rights in relation to the BioViews and or Product supplied, including removing this information or otherwise facilitating an infringement of copyright.

  4. Licensee agrees not to use any device, software, systems and or other means routines to interfere or attempt to interfere with the proper working of the Product and or the Website at any time.

  5. Licensee agrees further not to commence any legal action of any kind against the Licensor in the event of Licensor’s termination of this Agreement. Licensee expressly releases Licensor its servants, employees, business partners, professional advisors and agents from any liability if Licensor decides to terminate or suspend Licensee’s entitlement to use the Product and or Website.


Purchase License

By purchasing from the Licensor the Product items (‘the Items’), specified and or as shown on order page, Licensee verifies that:

  1. Licensee’s name [customer name];

  2. That Licensee has read and understood the terms and conditions of this Agreement. Licensee further acknowledges that these limitations override (to the extent permitted by law) any right that Licensee may have to use the Items pursuant to the relevant copyright legislation in the country of use.


Licensor Privacy Policy - Personal Information

Licensor is the authorized owner and or user of the information collected on the Website in relation to the Licensee. Licensor collects personally identifiable information from online users at several different points on the Website.

To gain access to the Product and or related materials it is necessary to provide contact information (such as name, email, and billing address) and financial information (such as credit card number, expiration date, etc).

Licensor uses this information for billing purposes and to complete online Product orders. If Licensor has difficulty processing an online order, this information will be used by Licensor to contact you.

After registering an account with Licensor, Licensee will receive an email containing a welcome message and specific online login access details. After successfully completing a purchase, Licensee will receive an email receipt in relation to the relevant order.

If Licensee purchases a gift certificate from Licensor, the name and email address of the gift certificate recipient is required at the time of purchase in order for the purchase request to be processed. The information is not used by the Licensor for any other purpose.

Licensor will collect information generated by its web servers for the purpose of assessing the technical performance of its systems and to enhance service levels.

From time to time, Licensor may also request and Licensee may choose to provide Licensor with personal information through the use of the Website or through email addresses available from the Website.


Use and Disclosure of Information

Licensor will use personal information provided for the purpose of providing Licensee with the service or Product ordered. Licensor does not share personally identifiable information with third parties.

Licensor will not sell, rent, trade, share, reveal or disclose any personal information, unless specifically requested to do so by Licensee.

Licensor may provide aggregate information and statistics about APL customers, sales traffic patterns and related site information to third parties but these statistics will not include individual personal information. Licensor uses a credit card processing company to bill for purchase of goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes as far as Licensor is aware.

Notwithstanding the date protection and confidentiality provisions contained elsewhere in this Agreement, information provided to the Licensor to the Licensee shall at all times be kept private and confidential unless one or more of the following exceptional circumstances justify, in the opinion of the Licensor, an exception to the privacy rule:

  • Licensor is required to do so by a court of competent jurisdiction or by a governmental order, decree, regulation or rule of any regulatory agency;

  • he terms and conditions of this Agreement and or another written agreement between Licensor and Licensee permit it.

  • Licensor reasonably believes that use of disclosure is necessary to prevent or lessen a serious and imminent threat to an individual's life, health or safety or a serious threat to public health or safety.

  • Licensor has reason to suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure of personal information is a necessary part of Licensor’s investigation of the matter or in reporting Licensor’s concerns to relevant persons or authorities.