Score! provides an avenue to apply for membership with Disability Sport & Recreation. As a member, you agree to be bound by Disability Sport & Recreation's Constitution.
1. THE SITE AND THE SERVICE. Through the Site, DSR offers a peer-to-peer online platform to connect Victorians with disability and their carers to recreation and sporting activities. The Site allows Users to identify, make comment and rate sport and recreation programs, search for sport and recreation programs [whether geographically or by activity or disability type], and share information about sport and recreation programs. The Site also includes instructions and videos explaining how to use the website, skills for effective self-advocacy in sport and recreation settings, and how to be safe online. These features are collectively, the " Services".
Apart from enabling Victorians with disability to find sport and recreation programs, DSR accepts no liability for any aspect of interaction between a User and a provider of a sport and recreation program, including but not limited to the performance of any Service. DSR has no obligation whatsoever to any User to assist or involve itself in any way in any dispute between a User and any other person.
All information relating to sport and recreation programs is supplied by Users of the Site. You acknowledge that geo-location technology is incorporated into the Site. This technology tracks the physical location of the device you are using to access the Site. We may use this information to let you know about sport and recreation services in your area.
The User expressly agrees that DSR has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any material on the Site, including, but not limited to, the details of any sport or recreation program, or the honesty or accuracy of any opinion or assessment concerning a sport or recreation program.
Reliance on any information provided by DSR, DSR's employees, contractors or agents, any other visitor to the Site, or any other person or entity posting content on the Site at DSR's invitation, is solely at the User's own risk.
a. Anyone may browse the Site. To be eligible to register on the Site with an account (“User Account”) and make use of the Services, you must be:
i. a person residing in Victoria, Australia who identifies as having a disability (“Individual”) (in which case you will open an “Individual” User Account); or
ii. a person residing anywhere in Australia who does not identify as having a disability and who is involved in caring for or supporting an Individual (“ Associate”) (in which case you will open an “Associate” User Account); or
iii. a provider of sport or recreation services in Victoria, Australia (including services for persons who identify as having a disability) or a peak body in the sport and recreation sector (“Organisation”) (in which case you will open an “Organisation” User Account).
b. If you are under 18 years of age, or if for any other reason you cannot legally enter a contract by yourself, then a parent or legal guardian must open a User Account and agree to the terms of this Agreement on your behalf. If you are under 18 years of age, wish to register on the Site as an Associate, and do not have a parent or legal guardian who is able to sign contracts on your behalf then please contact us directly at email@example.com.
c. The User must provide information that is truthful to the best of the User’s knowledge and belief, and in the event any such information changes, the User will promptly notify DSR of any such change within a reasonable amount of time.
d. Each request by an Organisation for a User Account, will be subject to a DSR approval process, during which DSR will assess the suitability of the requesting Organisation for the Site and the Services.
e. The User must not through the Site use false identities, impersonate any other person or entity (including, but not limited to, a DSR official, forum leader, guide or host, or a person with a disability), or falsely state or otherwise misrepresent your affiliation with a person or entity, or use a username and password that the User is not authorized to use.
f. DSR may:
i. reject any application for a User Account (in its absolute discretion); and
ii. immediately cancel your User Account and stop providing the Services to you, if it believes you are have breached any of the eligibility requirements in this clause 2, or any other term of this Agreement.
3. GENERAL RESTRICTIONS.
a. DSR grants the User a limited license to access and make personal use of the Site. However the User must not download from the Site (other than page caching) or modify it (or any portion thereof) in any way, except with express written consent of DSR. This license does not include any resale or commercial use of the Site or its contents, any collection and use of any product or service listings or descriptions, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another party, or any use of data mining, robots, or similar data gathering and extraction tools.
b. The User agrees not to:
i. use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site (including, but not limited to, disrupting the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchange);
ii take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
iii upload, post, email, 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;
iv. 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;
v. use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized DSR representative, unless such use is by a search engine employed to direct Internet users to the Site.
c. Neither the Site nor any portion of it may be reproduced, duplicated, copied, altered, modified, reproduced, reverse assembled, reverse compiled, sold, e-sold, visited, or otherwise exploited for any commercial purpose without express written consent of DSR. The User may not frame or utilize framing techniques to enclose any trademark, logo, trade name, service mark or other proprietary information (including images, text, page layout, or form) of DSR or its associates without express written consent. The User may not use any meta tags or any other "hidden” text utilizing DSR’s name or trademarks without the express written consent of DSR.
d. Any breach of this Agreement (including any unauthorized use of the Site) terminates all permissions or licenses granted by DSR. Upon termination, the User must destroy any copies you have made of the content of the Site, such as text, graphics, images and information ("Site Content").
e. The User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray DSR, any user of the Site, or any partner of DSR (or its products or services) in a false, misleading, derogatory, or otherwise offensive manner.
f. Title to all Site Content remains with DSR or its licensors. Any use of the Site Content not expressly permitted by the Agreement is a breach of the Agreement, as well a breach of copyright and trademark, and other laws.
g. Site Content and features are subject to change or termination without notice at the editorial discretion of DSR.
4. SPECIFIC RESTRICTIONS
In this Agreement, "User Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, ideas, suggestions, documents, proposals or other materials.
a. The User agrees not to use the Site to:
i. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. harm minors in any way;
iii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
iv. upload, post, email, transmit or otherwise make available any User Content that User does not have a legal right to make available;
v. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
vi. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
vii. intentionally or unintentionally violate any applicable local, state, national or international law,
viii. "stalk" or otherwise harass another; and/or
ix. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs i. through ix. above.
b. The User agrees not to post any User Content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of DSR); (v) may cause a liability for DSR or any of its partner organizations (collectively, the “Partners”); or may cause DSR or any of its Partners to lose (in whole or in part) the services of any Internet Service Providers or suppliers.
c. If you make any submission to a public area of the Site, or submit any business information, idea, concept or invention to DSR by email (including through the email addresses listed on the 'Contact Us' page), you warrant that you are the owner of that User Content or that you have all rights required to make that submission, and that at submission to the Site you transfer ownership of that User Content to DSR. You also agree that such submission is non-confidential for all purposes. DSR may then use, reproduce, create derivative works from, modify, publish, adapt, edit, translate, distribute, perform, and display such communication or content throughout the world in any media or medium, or any form, format, or forum now known or hereafter developed. DSR may also use such communication or content for any purpose whatsoever including, but not limited to, the development, production and marketing of products and services that incorporate such information. The User also grants DSR and its sublicensees the right to use the name that the User submits in connection with such communication or content, if the party so chooses.
If you wish to keep any information, ideas, concepts or inventions private or proprietary, do not submit them to the User Content areas of the Site or to DSR by email.
d. If the User receives funding from the State or Federal Government to provide sport or recreation services, then User gives DSR express permission to include on the Site material that the User makes publicly available in connection with the services it providers (including but not limited to material on any website operated by the User, and links to such website(s)) (“Preloaded Material”). The User may at any time modify or delete Preloaded Material through its User Account, using the editing tools on the Site.
e. By submitting User Content to the Site (or allowing DSR to include Preloaded Material on the Site under paragraph d. above), the User represents and warrants that the User owns or otherwise controls all of the rights to the posted User Content or material, and that the User Content or material is accurate.
f. By submitting User Content to the Site (or allowing DSR to include Preloaded Material on the Site under paragraph d. above), the User acknowledges and agrees that:
i. this Agreement applies to the User’s submission of User Content and to DSR’s use of User Content or Preloaded Material ;
ii. such User Content or Preloaded Material does not contain confidential or proprietary information; and
iii. DSR is not under any obligation of confidentiality, express or implied, with respect to the User Content or Preloaded Material.
g. The User acknowledges that DSR may or may not pre-screen User Content, but that DSR and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content available on the Site. Without limiting the foregoing, DSR and its designees will have the right to remove any User Content that violates this Agreement or is otherwise objectionable.
h. You acknowledge, consent and agree that DSR may access, preserve and disclose your account information, User Content and Preloaded Material if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
i. comply with legal process;
ii enforce the Agreement;
iii. respond to claims that any User Content or Preloaded Material violates the rights of third parties;
iv. respond to your requests for customer service; or
v. protect the rights, property or personal safety of DSR, its users and the public.
i. You acknowledge that the technical processing and transmission of the Site, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
5. USER ACCOUNT. The User is responsible for maintaining the confidentiality of the username and password that the User designates during the registration process and ensuring that no unauthorised person has access to the User's password(s) or account. The User alone is fully responsible for all activities that occur under the User Account.
The User must take all reasonable steps to:
i. control the dissemination and use of any sign-in name, screen name or passwords designated by DSR or the User; and
ii. authorise, monitor, and control access to and use of your DSR account and password.
The User agrees to:
i. immediately notify DSR of any unauthorized use of the User Account or any other breach of security or reason for which a password needs to be deactivated, and
ii. ensure that the User exits from the User Account at the end of each session.
DSR will not be liable for any loss or damage arising from the User’s failure to comply with these terms. The User should use particular caution when accessing the User Account from a public or shared computer to ensure that others are not able to view or record the User Account’s username and password and/or other personal information. DSR reserves the right to terminate or suspend the User’s Account and/or access to the Site and the Services if DSR determines (in its sole discretion) that such User has violated this Agreement.
6. THIRD PARTY CONTENT
a. The User agrees and acknowledges that:
i. all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, ideas, suggestions, documents, proposals or other materials supplied by other users of the Site ("Third Party Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Third Party Content originated. This means that the person or business that posted the Third Party Content, and not DSR, is entirely responsible for all Third Party Content that it uploads, posts, emails, transmits or otherwise makes available on the Site.
ii. DSR does not control the Third Party Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of any Third Party Content;
iii. in using the Site, you may be exposed to Third Party Content that is offensive, indecent or objectionable; and
iv. under no circumstances will DSR be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, transmitted or otherwise made available via the Site.
b. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third Party Content. You also acknowledge that you may not rely on any Third Party Content created by DSR or otherwise submitted to the Site, including without limitation information in DSR message boards or comment forums and in all other parts of the Site.
c. You acknowledge that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DSR and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
7. USER CONTENT - MEDIA
a. The User agrees only to post or upload image, video and audio files (together, "Media") that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
b. DSR has an absolute discretion to determine the types of Media that a User is permitted to upload to the Site at any time. Media submitted by the User may be subject to approval by DSR, and DSR has an absolute discretion to accept or reject any file submitted by the User for uploading to the Site.
c. To protect privacy, the User agrees not to submit any media that contains the personally identifiable information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading Media belonging to other people without their permission is strictly prohibited.
d. By uploading any Media on the Site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
e. It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations.
f. DSR reserves the right, but has no obligation, to review all Media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
8. TITLE TO MEDIA
By uploading any Media:
a. you warrant that you are the owner of the Media or have all rights required to make that submission, and at upload you transfer ownership of that Media to DSR who may use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed;
b. you warrant that any person pictured in the submitted Media (or, if a minor, his/her parent/legal guardian) authorises DSR to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and
c. you agree to indemnify DSR and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
9. USER CONTENT AREAS
If the User uses a message board, comments forum blog, or other area of the Site where User Content is permitted (together, " User Content Areas"), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications from other people found in the User Content Areas. DSR and its licensors are not responsible for the consequences of any communications appearing in User Content Areas. In cases where you feel threatened or believe someone else is in danger, you should contact the police immediately. In consideration of being allowed to use the User Content Areas, the User agrees that the following actions constitute a material breach of the Agreement:
a. using a User Content Area for any purpose in violation of local, state, Commonwealth, or international laws;
b. posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c. posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DSR in its sole discretion;
d. after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
e. posting chain letters or pyramid schemes;
f. impersonating another person;
g. falsely claiming to have a disability;
h. distributing viruses or other harmful computer code;
i. harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
j. allowing any other person or entity to use your identification for posting or viewing comments
k. posting the same note more than once or "spamming"; or
l. engaging in any other conduct that restricts or inhibits any other person from using or enjoying the User Content Areas or the Site, or which, in the judgment of DSR, exposes DSR or any of its customers or suppliers to any liability or detriment of any type including loss or disparagement of reputation.
DSR reserves the right (but is not obligated) to do any or all of the following:
a. moderate, record, reject or remove any material in the User Content Areas;
b. investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
c. remove any material which is abusive, illegal, or disruptive, or that otherwise fail to conform with the Agreement;
d. terminate a user's access to any or all User Content Areas and/or the Site upon any breach of the Agreement;
e. monitor, edit, or disclose any communication in the User Content Areas; or
f. edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violates these standards.
However, neither DSR nor its licensors have any liability or responsibility whatsoever to users of the Site or any other person or entity for performance or non-performance of the above-mentioned activities.
a. From time to time DSR may impose fees for use of certain DSR or third party services offered on the Site.
b. If you elect to receive any or all of these fee based services, DSR may require you to enter into a further agreement as to those fee based services.
11. TERM AND TERMINATION. This Agreement will remain in effect until terminated by either party. If the User is dissatisfied with the Service or any of the terms and conditions contained herein, the sole and exclusive remedy is to terminate the User Account. The User may cancel the User Account and participation in the Service at any time by emailing firstname.lastname@example.org. Notwithstanding any other term of this Agreement, DSR may, in its sole discretion, terminate the User Account, and discontinue the User’s participation in the Services. Reasons for DSR’s determination to terminate or discontinue the User’s Account or participation as provided for above may include (but are not limited to) a belief that the User has violated this Agreement or any other policies or guidelines relating to the Services or the services of any other party, or a belief that the User’s conduct may be harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: clauses 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 18, 25.
12. INTELLECTUAL PROPERTY. The Site holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, that is the property of DSR or its content suppliers and protected by international copyright laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to DSR and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of DSR and/or other parties is granted to or conferred upon the User.
13. NOTICE AND TAKEDOWN PROCEDURES, AND COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting DSR at email@example.com and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, DSR maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
14. COMMUNICATIONS. DSR and any other person or entities involved in the operation of the Site will be free to monitor, retrieve, store, reproduce, use, disclose, and distribute any and all communication conducted with DSR through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). DSR cannot and does not assume any responsibility or liability for any Communications the User submits, or the use or misuse (by the User DSR or any third party) of information transmitted or received using DSR tools and services.
15. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES WILL DSR, ITS LICENSORS, OR ITS SUPPLIERS, BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY SERVICE OFFERED BY DSR, ANY INTERACTION BETWEEN ANY PERSONS THAT COME INTO CONTACT THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
None of DSR, its licensors, its suppliers, or any third party mentioned on the Site is liable for any personal injury, including death, caused by the User's use or misuse of the Site, the Services, Site Content, or User Content Areas. Any claim arising in connection with your use of the Site, the Services any Site Content, or the User Content Areas must be brought within one (1) year of the date of the event giving rise to such claim occurred. Remedies under the Agreement are exclusive and are limited to those expressly provided for in the Agreement.
16. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY DSR IS AT THE USER’S SOLE RISK. NONE OF DSR, ITS LICENSORS OR ITS SUPPLIERS MAKES ANY WARRANTY (STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITE, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE..
17. INDEMNIFICATION. The User agrees to indemnify, hold harmless and defend DSR, along with its officers, directors, employees, agents, licensors and suppliers from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach, alleged breach or threatened breach by the User; (ii) the User’s use of the Site or any Service, including any interaction with another person or entity with whom the User connects through the Site; (iii) any unacceptable, unlawful, or objectionable use of the Site or any service offered to the User by DSR; or (iv) any negligent or willful misconduct by the User.
18. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to availability of certain sports or recreation services in Victoria. DSR will have no responsibility or liability for any such inaccuracies, errors or omissions, and will have no obligation to honor reservations or information affected by such inaccuracies. DSR reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the programs and services described in such information, at any time without notice, including after confirmation of a transaction.
19. THIRD PARTY LINKS. There are links on the Site that lead to third party sites. DSR IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE SITES USE. IN ADDITION, BECAUSE DSR HAS NO CONTROL OVER SUCH SITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT DSR IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT RECOMMEND OR ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. Your use of third-party websites is at your own risk and subject to the terms and conditions of use and privacy policies of such sites.
20. MODIFICATION. DSR has the right at any time or from time to time to modify or amend this Agreement. Should DSR choose to modify this Agreement. We will post a prominent notice of the changes made on the Site which will be User’s only notification of any such change. Any use of the Site or the Services by User after such notification will constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User will be binding upon DSR.
21. FORCE MAJEURE. In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “ Force Majeure Event”) the Party who has been so affected will immediately give notice to the other Party and will do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement will be immediately suspended. If the period of nonperformance exceeds seven (7) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may by giving written notice immediately terminate this Agreement.
22. SEVERABILITY. The Agreement is governed by the laws of Victoria, Australia, without respect to its conflict of laws principles. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
23. VENUE. DSR is based in Victoria, Australia. Access to Site Content may not be legal by certain persons or in certain countries. If you access the Site from outside Victoria, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not be able to access certain Site Content and/or use the Services.
This Agreement and the interpretation of the terms herein will be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to the principles of conflict of laws. The User expressly agrees that exclusive jurisdiction for any dispute with DSR, or in any way relating to your use of the Site, resides in the courts of Victoria Australia, and the User further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Victoria in connection with any such dispute including any claim involving DSR or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.