Last updated: 24/05/2018
Welcome to liquid-state.com , its subdomains and its associated ‘Powered By Liquid State’ websites (the ‘Site’).
This Site is intended to provide information about, and access to, the Liquid State Platform and services. Whereby, the Liquid State Platform can include access to Ubiquity, Carbon and Synapsis. It allows you to interact with us, our services, and provides you the opportunity to contact us directly.
While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site and using any of the services you find there References to ‘we’, ‘our’, ‘us’ or ‘Liquid State’ herein refer to Liquid State, Pty Ltd, ACN 153 608 381, an Australian company, and our service providers, contractors, and designees as deemed appropriate by us.
COMPLIANCE WITH TERMS; PLATFORM AND SERVICE PURCHASES
By accessing this Site, you are agreeing to these Terms of Use, our Privacy Policy and any other legal notices, terms and policies on this Site (together referred to as ‘Terms’), all of which are expressly incorporated herein by this reference. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms ‘you’ or ‘your’ shall refer to such entity.
You agree to use the Site only in accordance with the Terms, whether you are a ‘Visitor’ (which means that you simply browse the Site), you are a ‘Member’, ‘Author’, ‘Partner’ or ‘Publisher’ (which means you have registered with us for the Site). The term ‘User’ means a ‘Visitor’, ‘Member’, ‘Author’, ‘Partner’ or a ‘Publisher’.
Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features or services. If you register to become a User you may be required to indicate your acceptance to these Terms during the registration process. Notwithstanding the foregoing, if you elect to purchase or otherwise obtain access to any of Liquid State’s products and services, you acknowledge and agree that your access to and use of all such products and services shall be subject to and governed solely by the terms of Liquid State’s then-current Terms of Use, available as part of the registration process for accessing these services and at http://cloud.liquid-state.com .
AMENDMENT
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site.
Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Liquid State with respect to your use of the Site.
ELIGIBILITY
Use of the Site and its features and registration to be a Member (‘Membership’) is void where prohibited. By using the Site and features, you represent and warrant that:
A. You are not a minor and may otherwise enter into and form binding contracts under applicable law;
B. All registration information you submit is truthful and accurate;
C. You will maintain the accuracy of such information; and,
D. Your use of the Site and its features does not violate any applicable law or regulation.
TERM
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Member.
You may terminate your Membership at any time, for any reason, by providing written notice to us. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Member will terminate.
PASSWORDS
If you register to become a Member, you will be issued with, or asked to choose, a username (or email address) and password (Authors may be issued with password and login details by their Publishers). You are solely responsible for maintaining the confidentiality of this information.
You are not permitted to allow anyone else to use your username and password to log into the Site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
YOUR USE OF THE SITE
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site and to interact with the Site solely for their own personal use and not for any commercial purpose. Commercial use of Liquid State services and products is governed solely by the terms of Liquid State’s then-current Service Agreement, available at http://liquid-state.com .
You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
YOUR ACCESS TO LIQUID STATE UBIQUITY
As part of the Liquid State Platform, members can have access to Ubiquity (cloud.liquid-state.com ), Carbon and Synapsis. Ongoing Liquid State Ubiquity access is based on your continued use of the service.
If you have no account activity within a 6 month period; that is, you haven’t logged in, or made a payment for a service, then your account will automatically go into maintenance mode. During this time you can reactivate your account by contacting and requesting a reactivation. If we do not receive a reactivation request within 3 months of the account being placed in maintenance mode, your account, and all associated content, will be permanently deleted from Liquid State Ubiquity. Any content being hosted by Apple, Google or any other app store provider will not be lost at that time.
USER CONTENT
We may, but are not obligated to, allow you to upload content for use with Liquid State services on the Site. If we allow this feature, please choose carefully the information and content you post on the Site, provide to other Users and/or otherwise make available to us and through the Site.
Your content may not include any form of prohibited content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile or displayed on the Site in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material.
If you become aware of misuse of the Site or its features by any person, please click on the ‘Contact Us’ link on the Site pages and follow the directions as to how to contact us. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
PROPRIETARY RIGHTS
Liquid State does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, ‘Content’) that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. The Site may contain Content of Users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.
By uploading, displaying, publishing Content on the Site, or otherwise submitting Content to us (collectively, ‘posting’), you hereby grant to Liquid State a irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, 4 create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site. From time to time, we may remove Content from the Site, permanently or temporarily.
You represent and warrant that:
I. You own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and
II. The posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity.
You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you. The Site also contains Content provided by Liquid State, including, without limitation, text, images and logos (‘Liquid State Content’). Liquid State Content is protected by copyright, trademark, patent, trade secret and other laws, and Liquid State owns and retains all rights in the Liquid State Content and the features and functionality of the Site. Liquid State hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Liquid State Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available on the Site.
CONTENT POSTED
You agree to not use the Site to:
1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
4. Upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
5. Upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
6. Upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or,
8. Intentionally or unintentionally violate any applicable local, state, national or international law; and/or,
9. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.
Liquid State may reject, refuse to post or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of Liquid State violates these Terms, including our Privacy Policy.
We assume no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time Liquid State chooses, in its sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for your use of the Site, the Content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Liquid State respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, link to, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
We reserve the right to terminate the Membership of anyone we suspect to be an infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Liquid State the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A 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; and,
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Claims of copyright or other intellectual property infringement can be forwarded to the following address:
ATTN: LEGAL SUPPORT LIQUID STATE, PTY LTD.
11b/96 CLEVELAND ST, GREENSLOPES, BRISBANE
AUSTRALIA 4151
DISCLAIMERS
Liquid State is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Liquid State Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise.
The User Content does not necessarily reflect the opinions or policies of Liquid State. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. Liquid State is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Liquid State.
Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Liquid State. When you access these third party sites, you do so at your own risk. Liquid State takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Liquid State is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. Liquid State assumes no responsibility for any error, 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.
Liquid State is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site 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 Site.
Under no circumstances shall Liquid State be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users, whether online or offline. Additionally, Liquid State shall have no liability for any viruses or anything beyond our control.
We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site. Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
The Site and the Liquid State Platform is provided ‘AS-IS’ and as available and Liquid State expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Liquid State cannot guarantee and does not promise any specific results from use of the Site.
LIMITATIONS OF OUR LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
INDEMNIFICATION
You agree to indemnify and hold Liquid State, its suppliers, contractors, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site and the Liquid State Platform in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
MISCELLANEOUS
The terms are governed by and are to be construed in accordance with the laws of Queensland, Australia. You irrevocably agree to submit to the non-exclusive jurisdiction of the Courts of that State in respect of any matters arising out of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is expressly excluded in all respects from and does not apply to these terms or the transactions contemplated by it. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Liquid State regarding the use of Site and its services and features. The failure of Liquid State to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
