Introduction
Welcome to www.channel-collective.com – these Terms of Use constitute a valid and binding agreement between iasset.com Group, being iasset.com Holdings Pte. Ltd. and its wholly-owned subsidiaries, iasset.com Inc and iasset.com Pty Ltd and you. The iasset.com Group owns and controls the Website www.channel-collective.com.
Your use of this Website is conditioned on your acceptance of and compliance with these Terms of Use and Channel Collective’s Privacy Policy posted separately on the Website. If you have any questions about our Terms of Use, please contact our Privacy Officer at privacy@iasset.com or +61 2 8915 6222. IF YOU DO NOT ACCEPT THESE TERMS OF USE, IASSET.COM GROUP DOES NOT GRANT YOU ANY LICENSE OR OTHER RIGHTS TO USE THE WEBSITE AND YOU SHOULD EXIT THIS WEBSITE.
1. Intellectual Property
The Website, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by iasset.com Group and/or its licensors (collectively, the “Channel Collective Intellectual Property”). These Terms of Use do not and shall not be construed as transferring ownership rights of any description in the Website or any related Channel Collective Intellectual Property to you or to any Website user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any Channel Collective Intellectual Property nor will you sell, resell or exploit for any commercial purpose the Website, any portion thereof or any use thereof or access thereto. iasset.com Group hereby grants you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Website solely for your internal business purposes. You may also download content from the Website for business purposes but solely on a non-commercial basis and provided that (i) such content is not modified in any way, (ii) you keep intact all copyright and other proprietary notices thereon and (iii) you include the phrase, “Used with permission of iasset.com Group” when you display or otherwise use this content in accordance with the terms hereof.
All of the trademarks, tradenames, service marks and logos appearing on this Website are registered and unregistered trademarks of iasset.com Group and other third parties. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos. All rights not expressly granted to you hereunder are expressly reserved and retained by iasset.com Group.
2. Disclaimer; No Warranties; Indemnification; Limitations of Liability
All the information presented on or made available via this Website has been (i) created by or on behalf of iasset.com Group or provided to iasset.com Group and/or its owners, directors, officers, employees, contractors and website administrators solely by third party contributors who have submitted this information for publication on the Website or (ii) made available to you via third party links to and from this Website. iasset.com Group has not independently investigated or verified any of the information set forth herein and will not be responsible or liable for any misinformation, misprints, typographical errors or other mistakes that may appear. Further, iasset.com Group makes no representations, warranties, recommendations or endorsements whatsoever concerning any information provided on the Website. iasset.com Group will not be responsible for and expressly disclaims any and all liability for any claim, damages, injury or other loss arising out of your use of any such information for any reason.
YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL RIGHTS AND CLAIMS OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE THAT YOU HAVE OR THAT MAY HEREAFTER ACCRUE TO YOUR BENEFIT AGAINST IASSET.COM GROUP AND ANY AND ALL PERSONS OR ENTITIES AFFILIATED THEREWITH IN ANY CAPACITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL IASSET.COM GROUP BE LIABLE FOR ANY DIRECT OR INDIRECT OR SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHERWISE, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IASSET.COM GROUP’S LIABILITY TO YOU OR ANY THIRD PARTY HEREUNDER WILL NOT EXCEED US$100.00 IN THE AGGREGATE.
YOUR USE OF THE WEBSITE, ANY AND ALL SERVICES OR FEATURES ON THE WEBSITE, ANY INFORMATION PRESENTED ON THE WEBSITE OR MADE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR THE SERVICES OF ANY INDIVIDUAL, BUSINESS OR RESOURCE IDENTIFIED OR PROFILED HEREON OR MADE AVAILABLE VIA A WEBSITE LINK ARE ENTIRELY AT YOUR OWN RISK; THE WEBSITE AND ALL SERVICES AND FEATURES ARE PROVIDED “AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. IASSET.COM GROUP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE.
You will indemnify, defend and hold iasset.com Group harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) (collectively, “Damages”) incurred or suffered by Iasset.com Group as a result of your use of the Website, your breach of any provision of these Terms of Use, and/or your acts or omissions with respect hereto. iasset.com Group reserves the right to report any wrongdoing that comes to its attention to the appropriate authorities.
Further, you hereby release iasset.com Group, including, for clarity, the parent company and all its affiliates, and all their respective employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates including Vortex6 Ltd and Channel Mechanics Technologies Limited (collectively, the “Channel Collective Parties”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website and/or your use thereof, excluding only Damages to the extent directly arising out of iasset.com Group’s gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable law limiting or prohibiting a general release. In no event will iasset.com Group’s total cumulative liability to you or any other party for Damages, if any, arising under these Terms of Use or otherwise exceed US$ 100.00.
iasset.com Group cannot and does not guarantee continuous uninterrupted or secure access to our Website or the services or features thereon. Operation of the Website may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, iasset.com Group does not control the actions of other users, visitors and/or linked third parties on the Website. WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE WEBSITE CAUSED BY THE ACTS OR OMISSIONS OF YOU, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR IASSET OR ARISING OUT OF INTERNET INFRASTRUCTURE AND NETWORKS EXTERNAL TO THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
3. Changes to the Terms of Use
iasset.com Group may modify the Website, the services or features offered thereon, and these Terms of Use at any time and from time to time by implementing the modifications and/or posting the amended Terms of Use on the Website, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the Terms of Use in effect on the date of any particular visit to the Website. iasset.com Group will use reasonable efforts to post notices of any material updates to these Terms of Use on the Website.
4. Links
If and when the Website contains links to third party sites, iasset.com Group has no control over any such sites. All statements by iasset.com Group herein pertaining to the Website do not apply in any way to any links or any linked third-party sites. Once you leave this Website, neither these Terms of Use or iasset.com Group’s Privacy Policy remain in effect; we encourage you to read the terms of use of each and every website that you visit.
5. Website Integrity
You may not use any device, software or routine, including any viruses, Trojan horses, worms or time bombs, intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information thereon or therefrom. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including “spam” or other unsolicited mass emails.
6. Third Party Content
At iasset.com Group’s sole option, at any time and from time to time, the Website will contain third party content, software and/or other information, and any and all such third party materials are subject to and governed solely by that third party’s terms of use, license agreement and/or other requirements. iasset bears no responsibility or liability for any such content or information or the acts or omissions of such third party.
7. Compliance with Laws
You must comply with all applicable laws and regulations governing your access to and use of the Website and any features, services or software thereon, including the posting and retrieval of information and laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with iasset.com Group.
iasset.com Group will have the right, but not the obligation, in its sole discretion to refuse or delete any content, user questions and other submissions, software or other information on the Website that it considers, in its sole discretion, to violate the Terms of Use and/or to be otherwise illegal, unsafe or inappropriate. iasset.com Group, in its sole and absolute discretion, may preserve any such content, software or other information and may also disclose any such content, software or information if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by iasset.com Group to protect the rights, property or personal safety of iasset.com Group, the Channel Collective Parties (as defined in Section 2 above), its Website users and the public.
8. User Submissions; Forum Participation Rules
As and when applicable, any comments or information that you provide to iasset.com Group, including any feedback or ideas submitted by you in response to a survey on or concerning the Website or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by iasset.com Group and you hereby grant iasset.com Group a royalty-free, non-fee-bearing, perpetual and irrevocable, worldwide, and assignable, sub-licensable and transferable license to use, reproduce, publish and/or display, create derivative works from, modify (including the right to edit and translate), and transmit, sell, distribute or otherwise exploit the Submissions without limitation in any media or form now known or later developed. iasset.com Group may sublicense its rights hereunder to third parties. At iasset.com Group’s sole option and request, you will sign or accept iasset.com Group’s then-current Contributor’s License posted on the Website.
As and when applicable, if you elect to participate in any online discussion group or forum hosted on the Website, you must comply with the following rules:
In iasset.com Group’s sole and absolute discretion and to the fullest extent permitted by law, iasset reserves the right to: (i) remove, edit, move or close any message, post or thread thereof for any reason, (ii) delete any message or post at any time and/or (iii) block your email address or any other email address from participating in any Channel Collective online group or forum or any other exchange on this Website.
You represent and warrant that: (i) each fact and statement in each of your messages and posts is true; and (ii) no content in any of your messages or posts, whether text, graphics or otherwise, (a) infringes any copyright, patent, trademark or other intellectual property right of a third party, (b) violates any right of privacy, right of publicity or any other right of any person or entity, (c) gives rise to any claim of libel, defamation, obscenity or vulgarity or contains any material that is unlawful, harmful, abusive, hateful, obscene, vulgar, threatening, libellous or defamatory or (d) violates any international, federal, state or local law or regulation.
You acknowledge, accept and agree that (i) any message or post appearing on the Website or received via the Website expresses the views of its author, (ii) neither iasset nor its Website host, manager and/or Internet service provider will be liable or responsible for the content thereof. iasset will attempt to keep objectionable messages off the Website but cannot guarantee its ability to do so.
9. Governing Law and Jurisdiction
The Terms of Use and any and all transactions and other activities on the Website will be governed by the laws of the State of Delaware, excluding its conflict of law rules. The United Nations Convention on the International Sale of Goods will not govern the Website or any activities or transactions thereon in any way. You hereby submit to the jurisdiction of the state and federal courts located in Denver, Colorado, USA or provincial and federal courts in Sydney, Australia, which shall be the exclusive venues for any and all disputes or claims arising hereunder. Use of the Website is not authorized in any jurisdiction that does not give effect to these Terms of Use.
10. General
At all times, the then-current Terms of Use and iasset.com Group’s Privacy Policy constitute the entire agreement between iasset.com Group and you with respect to your use of the Website, superseding any prior agreements, any superseded Terms of Use and/or Privacy Policies, and all other communications between iasset.com Group and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use third party content, services or software via our Website.
Please report any violations of these Terms of Use, any alleged copyright infringements relating to the Website, or any other matters to privacy@iasset.com. Unless otherwise required by law, you will send notices by email to privacy@iasset.com. Alternatively, you may contact iasset.com at:
The Privacy Officer
iasset.com Pty Ltd
Level 21, 207 Clarence Street
Sydney NSW 2000
AUSTRALIA
If iasset is ever obligated to provide notice directly to you and if iasset has either an email or street address for you, iasset will provide notices to you via the email address provided during your registration or, at iasset’s option or if an email address is not available, by certified mail, postage prepaid and return receipt requested, to your street address, if provided during registration.
Notwithstanding any of the foregoing, if there is any conflict between these Terms of Use and iasset.com Group’s then-current Privacy Policy and/or applicable law, including all data protection laws, applicable law and the Privacy Policy will govern and control.
Last updated: 15th November 2018