1. These terms are an agreement between you (Subject) and Brendan Barnacle Duck (BBD) relating to access to BBD's website.
2. Subject must not, without BBD's prior written consent:
(a) act in any manner so as to adversely affect the freedom or liberty of any person or with the intention of adversely affecting a person's freedom or liberty;
(b) authorize any person to do any of these things.
4. If Subject posts a review about this work which is not positive or which contains negative statements about the work or BBD, Subject must pay the Non-Positive Review Fee calculated in accordance with clause 5 for each month that the review is able to be accessed. The Non Positive Review Fee in respect of a given month must be paid within 7 days of the end of that month.
5. The Non-Positive Review Fee is a monthly fee equal to the Per Person Fee multiplied by the number of people who have accessed the review in that month. Where the number of people cannot be reasonably ascertained, the number will be equal to the number of copies of the review made in that month, whether by Subject or a third person. The Per Person Fee is equal to CPI/108.6 Australian Dollars where CPI for a month is the Consumer Price Index (All Groups) for Sydney most recently published as at the first day of the following month.
6. To the extent permitted by law, BBD excludes all warranties, guarantees and conditions that would otherwise be implied into this Agreement by law. Where BBD is not able to exclude such a warranty, guarantee or condition, BBD limits, to the extent permitted by law, their liability for a breach of that warranty, guarantee or condition to one or more of the following at its option:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
7. BBD has no liability to any person arising under or in relation to this agreement (whether in tort, contract, equity or otherwise) for any loss in the nature of consequential or economic loss. The exclusions in this clause 7 apply even in respect of loss or damage that was foreseeable or about which either or both of the parties were aware was likely to arise.
8. The total aggregate liability of BBD for all loss or damage in respect of all claims arising out of or in relation to this agreement or out of or in relation to the relationships contemplated by this agreement whether arising in tort (including negligence), contract, equity or otherwise is limited to the $5.
9. Subject must indemnify BBD against all loss or damage suffered by BBD as a result of Subject being in, entering or leaving or moving within the marked area. This clause survives the termination of this agreement.
10. BBD may terminate this Agreement by notice in writing either directly to Subject, or posting it on BBD's website. If it is posted to the website, it becomes effective 14 days after that posting occurs.
11. This contract is governed by the laws in force in the State of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that State.
12. Except to the extent set out to the contrary in this agreement, where a party is required or permitted to give its consent in relation to a specific act, it may grant or withhold that consent in its sole discretion and is not required to provide a reason for that grant or withholding.
13. This agreement sets out the whole of the agreement between the parties in relation to its subject matter. It supersedes all prior negotiations and correspondence.
14. Except where expressly set out to the contrary, nothing in this agreement grants the Subject any rights over any intellectual property rights (including copyright, patents, and rights to the registration of such rights) held by BBD at any time during the term of this agreement. Where such intellectual property rights arise as a result of the performance of this agreement those rights vest on creation in BBD.
15. This agreement cannot be varied except in writing signed by both parties.Some terms and conditions