The following terms and conditions govern all use of the Rich Earth Network website and all content, services, and products available through the website, including, but not limited to, the Rich Earth Network Client Area, Rich Earth Network Demos, Rich Earth Network Marketing sites (collectively referred to as the Website).
The Website is owned and operated by KiloDelta Pty Ltd (“KiloDelta”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by KiloDelta, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Account on Website.
You are responsible for maintaining the security of your account of Website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify KiloDelta of any unauthorized uses of your account or any other breaches of security. KiloDelta will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to Website.
If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
By submitting Content to KiloDelta for inclusion on our Website, you grant KiloDelta a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, KiloDelta has the right (though not the obligation) to, in KiloDelta's sole discretion
The Website offers numerous products and services for sale. The Website does not handle payments for these products directly but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however, we make no guarantees of timeliness or immediacy.
If you choose to add your email address to the Rich Earth Network Newsletter (as noted on the newsletter request page). Our newsletter is designed to keep you up to date with Rich Earth Network-related developments, updates, releases, and other relevant items. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our blog and other points on the website including the marketing site.
Responsibility of Website Visitors.
By operating the Website, KiloDelta does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. KiloDelta disclaims any responsibility for any harm resulting from the use by visitors of the Website.
Copyright Infringement and DMCA Policy. As KiloDelta asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Rich Earth Network.com violates your copyright, you are encouraged to notify KiloDelta in accordance with common DMCA policies. KiloDelta will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of KiloDelta or others, KiloDelta may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, KiloDelta will have no obligation to provide a refund of any amounts previously paid to KiloDelta.
This Agreement does not transfer from KiloDelta to you any KiloDelta or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KiloDelta. KiloDelta, Rich Earth Network, KiloDelta.com, Rich Earth Network.com logo, and all other trademarks, service marks, graphics and logos used in connection with Rich Earth Network.com, or the Website are trademarks or registered trademarks of KiloDelta or KiloDelta’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any KiloDelta or third-party trademarks.
KiloDelta reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KiloDelta may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
KiloDelta may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account of Website (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have an account, such account can only be terminated by KiloDelta if you materially breach this Agreement and fail to cure such breach within thirty (30) days from KiloDelta's notice to you thereof; provided that, KiloDelta can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided "as is". KiloDelta and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KiloDelta nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will KiloDelta, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
General Representation and Warranty.
You represent and warrant that
You agree to indemnify and hold harmless KiloDelta, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between KiloDelta and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KiloDelta, or by the posting by KiloDelta of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of
Western Australia, Australia., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Western Australia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KiloDelta may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.