terms and conditions

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ACCEPTANCE OF TERMS

The products and services that puttoo provides to you are subject to the following Terms and Conditions of Use (“TCoU”) and the Software License Agreements on our website. These TCoU set forth the legally binding terms for your purchase and use of the puttoo Products and Services. By using this webpage and purchasing and using the Products and Services, you agree to be bound by these TCoU. If you do not agree with these TCoU, you should immediately leave this website, and you will not be permitted to purchase or use the Products and Services..

Please note that puttoo may modify these TCoU from time to time and such modification shall be effective immediately upon notification on this website. You agree to be bound to any changes to the TCoU. Your continued use of the website as well as any purchase and use of the Products and Services after any such modification is posted shall indicate your acceptance of the modified TCoU. It is therefore important that you review the TCoU regularly to ensure you are aware of any changes.

DESCRIPTION OF SERVICES

puttoo provides you with access to a variety of resources, materials and services, including software, forums, support materials and product information to enable people to create web forms (“the Products and Services”). The Product and Services, including any updates, enhancements, new features, and/or the addition of any new products and services are subject to this TCoU and the Software License Agreements on the website.

PURCHASE OF PRODUCTS AND SERVICES

You may purchase certain Products and Services through our website through the PayPal payment gateway service. Products and Services that you purchase are billed n advance and all payments are non-refundable. Payment for Products and Services over the internet is via 128-bit SSL encryption for your protection.

GENERAL TERMS

Eligibility. Use of and Membership to the Products and Services is void where prohibited. By using the Products and Services, you represent and warrant that (a) all registration information and data/information contributions you submit are truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Products and Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

Term. These Terms and Conditions shall remain in full force and effect while you use the Products and Services or are a Member. You may terminate your Membership at any time, for any reason, by navigating to the “puttoo Subscription” page and clicking on the “Cancel my subscription” link. Even after Membership is terminated, this Agreement will remain in effect.

Registration as a member. You may access this website anonymously as a visitor and will not be required to provide personal information. However, in order to access certain services and content on the website, including registered use of the software or forums, you will be required to register to become a member. You must complete any registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify puttoo immediately of any unauthorized use of your account or any other breach of security. puttoo will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by puttoo or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Cancellation of Membership. puttoo reserves the right, in its sole but reasonable discretion, to cancel your membership, restrict, suspend, or terminate your access to all or any part of the Products and Services at any time, with or without prior notice, and without liability, and delete any of your information (upon prior notification to you) that puttoo, in its sole discretion, considers to be inappropriate or offensive. puttoo acknowledges that information provided by other users and members may contain inaccurate, inappropriate or offensive content, and puttoo does not assume any responsibility or liability for such content or material. Serious breaches of these TCoU may cause puttoo to initiate legal action against you.

Use. Unless otherwise specified, the Services are for your personal and commercial use. Illegal and/or unauthorized use of the Products and Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited emails. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Products and Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the puttoo Services.

Unlawful Use. As a condition of your use of the website and the Products and Services, you will not engage in any unlawful use of the website, Products and Services including (but not limited to):

1. using the Products and Services in any manner that could damage, disable, overburden, or impair any puttoo’s server, or the network(s) connected to any puttoo server;

2. interfering with any other party's use and enjoyment of any of the Products and Services;

3. attempting to gain unauthorized access to any Products and Services, other accounts, computer systems or networks connected to any puttoo server or to any of the Products and Services, through hacking, password mining or any other means;

4. obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Products and Services;

5. violating any applicable laws;

6. using the website or any forum for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, sexist, indecent, scandalous, inflammatory or infringing on another person’s rights or in violation of any laws;

7. providing links to any external website that are inappropriate;

8. distributing viruses, corrupted files, or any other software or programs that may damage the operation of any computer hardware or software;

9. collecting or storing personal data about other users of the website or the Products and Services;

10. using spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the website;

11. using scripts, software or any other automated technique to generate or host content on the website

12. promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

13. promoting 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

14. engaging in the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming” or “spamming";

15. furthering or promoting any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

16. soliciting passwords or personal identifying information for commercial or unlawful purposes from other Users;

17. engaging in criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

18. advertising to, or solicitation of, any Member to buy or sell any products or services through the Products and Services’

19. interfering with, disrupting, or creating an undue burden on the Products and Services or the networks or services connected to the Products and Services;

20. attempting to impersonate another Member or person;

21. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

22. selling or otherwise transferring your profile;

23. using any information obtained from the Products and Services in order to harass, abuse, or harm another person or for other database building purposes; and

24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Products and Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose.

You acknowledge and agree that puttoo cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable user generated content will not appear on the website or otherwise be associated with the website. You acknowledge and agree that by providing you with the ability to access, view and /or post generated content on the website, the website is merely acting as a passive conduit for such distribution and puttoo does not have any responsibility or liability whatsoever for any user generated contact submitted onto the website or the actions of any registered members or users of the website. You are legally responsible for the content you submit onto the website or any related forum in connection with the website and the Products and Services. Whilst puttoo is not liable to monitor any information submitted onto the website or any forum for inappropriate material, puttoo may edit, remove or reuse to publish, without notification to you, any material or content puttoo, in its sole discretion considers it to be inappropriate, including if the information is:

1. defamatory, or otherwise unlawful or that it violates laws regarding harassment, discrimination, privacy or contempt;

2. intentionally false or misleading;

3. an infringement of intellectual property rights or copyright. See below for further information on copyright;

4. abusive or offensive, including obscenity, blasphemy and racial vilification;

5. of nuisance value, inappropriate, off topic or vexatious;

6. compromising the privacy of yourself, other contributors or of puttoo, or containing inappropriate personal information; or

7. deliberate provocation of other community members.

Links to Third Party Sites. This website contains links to other websites which may let you leave the puttoo website. puttoo is not responsible for the Content, accuracy or opinions expressed on such websites, and has no obligation to investigate, monitor or check any link websites for accuracy or completeness. Inclusion of any linked website on the website, the forums and the Products and Services does not imply approval or endorsement of the linked website by puttoo. When you access these third-party sites, you do so at your own risk. puttoo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by puttoo of the site.

Whilst puttoo encourages you to provide links to the puttoo website, you must not use any puttoo logos or trademarks without puttoo’s prior written consent. You must immediately remove any link to the puttoo website if requested by puttoo.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of puttoo to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to puttoo by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the website, related forums or the Products and Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Products and Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. puttoo’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Email – Subject: Attn: Copyright Agent to This e-mail address is being protected from spambots, you need JavaScript enabled to view it .This e-mail address is being protected from spambots, you need JavaScript enabled to view it.

Notice specific to graphics, text and documents available on this website. Elements of puttoo’s website, including text, graphics, logos and software, are protected by copyright, trade dress, trademark, unfair competition, and other laws and must not be copied, reproduced, distributed, commercialized, or imitated in whole or in part. No logo, graphic, sound or image from any puttoo’s website may be copied or retransmitted unless expressly permitted by puttoo. Permission to use documents (such as press releases, datasheets and FAQs) from the Products and Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.

Proprietary Rights in Content on puttoo. puttoo does not claim any ownership rights in the text, images, photos, video, sounds, musical works, or any other materials (collectively, "Content") that you post on the website or any forum relating to the Products and Services. After posting your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the website, forum and Products and Services, you hereby grant to puttoo a limited license to use, reproduce, distribute and archive such Content solely on and through the website, forum and Products and Services. puttoo will own the meta data associated with Members use of the website, forum and Products and Services and may freely use that meta data internally, to review and restructure existing website, forum and Products and Services and create new websites, forums and Products and Services and to consult to third parties for various business and non-commercial reasons.

Without this license, puttoo would be unable to provide the website, forums and Products and Services. The license you grant to puttoo is non-exclusive (meaning you are free to license your Content to anyone else in addition to puttoo), fully-paid and royalty-free (meaning that puttoo is not required to pay you for the use of the Content that you post), sub-licensable, and worldwide (because the Internet and the Products and Services are global in reach). This license will terminate at the time you remove your Content from the Products and Services. The license does not grant puttoo the right to sell your Content, nor does the license grant puttoo the right to distribute your Content outside of the Products and Services.

You represent and warrant that: (i) you own and/or are authorized to distribute the Content posted by you on or through the website, forum and Products and Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the website, forum and Products and Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the website, forum and Products and Services.

The website, forums and Products and Services contain Content of puttoo or Content of third parties authorized by puttoo. puttoo Content is protected by copyright, trademark, patent, trade secret and other laws, and puttoo either has the right to use or owns and retains all rights in the puttoo Content and the Products and Services. puttoo hereby grants you a limited, revocable, nonsub-licensable license to reproduce and display the puttoo Content, excluding any software code, solely for your personal use in connection with viewing the puttoo website and using the Products and Services.

The website, forums and Products and Services may contain Content of Users and other puttoo licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Products and Services.

Disclaimers. puttoo is not responsible for any incorrect or inaccurate Content posted or queries made on the puttoo website or in connection with the Products and Services, whether caused by Users of the Products and Services or by any of the equipment or programming associated with or utilized in the Products and Services. puttoo is not responsible for the conduct, whether online or offline, of any user of the Products and Services. puttoo assumes no%0istribute the Content poste, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. puttoo is not responsible or liable for any problems or technical malfunction of any computer systems, servers or providers, computer equipment, software, or on any of the Products and Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Products and Services. Under no circumstances shall puttoo be responsible for any loss or damage, including personal injury or death, resulting from use of the Products and Services, from any Content posted on or through the Products and Services, or from the conduct of any Users of the Products and Services, whether online or offline. The Products and Services are provided "AS-IS" and as available and puttoo expressly disclaims any warranty of fitness for a particular purpose or non-infringement. puttoo cannot guarantee and does not promise any specific results from use of the Products and Services.

Liability. IN NO EVENT SHALL PUTTOO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PUTTOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PUTTOO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PUTTOO FOR THE PRODUCTS AND SERVICES DURING THE TERM OF MEMBERSHIP. THE PRODUCTS AND SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PUTTOO AND ANY THIRD PARTY PROVIDERS (“LICENSORS”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PUTTOO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. PUTTOO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. PUTTOO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PUTTOO DOES NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE HOWSOEVER CAUSED WHICH YOU MAY DIRECTLY OR INDIRECTLY SUFFER IN CONNECTION WITH YOUR USE OF THIS WEBSITE, ANY LINKED SITE, THE PRODUCTS AND SERVICES OR YOUR RELIANCE ON ANY INFORMATION CONTAINED OR ACCESSED THROUGH THIS WEBSITE OR THE PRODUCTS AND SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Member Disputes. You are solely responsible for your interactions with other puttoo Members. puttoo reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy. Use of the Products and Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disputes. If there is any dispute about or involving the website, Products and Services or these TCoU, you agree that the dispute shall be governed by the laws of the State of Victoria, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of Victoria. Either puttoo or you may demand that any dispute between puttoo and you about or involving these TCoU and the Products and Services must be settled by arbitration utilizing the dispute resolution procedures of the Supreme Court of Victoria, provided that the foregoing shall not prevent puttoo from seeking injunctive relief in a court of competent jurisdiction.

Indemnity. You agree to indemnify and hold puttoo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website, forums, Products and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the puttoo website or forums or through the Products and Services causes puttoo to be liable to another.

Other. This Agreement is accepted upon your use of the puttoo website or any of the Products and Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and puttoo regarding the use of the Products and Services. The failure of puttoo to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. These TCoU operate to the fullest extent permissible by law. If any provision of these TCoU is unlawful, void or unenforceable, that provision is deemed severable from these TCoU and does not affect the validity and enforceability of any remaining provisions.

Trademarks

The following are trademarks of puttoo:

* trademark registered in Australia and subject to Common Law in all other jurisdictions.

Contact puttoo

If you have any questions about these TCoU, please email:
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I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS CONTAINED HEREIN.