This page includes:
- General Disclaimer
- Terms of Service
- Affiliate Policy
General disclaimer and poked tongue.
We love that you’re loving the show and other cool stuff here. Our legal eagle team told us we need to let you know that you should assume the owner of this website, Caron Margarete, is an affiliate for people, business, imaginary friends and made-up animals, including but not limited to unicorns, fairies, and dragons, who provide goods or services mentioned on this website in the posts, images, videos, audio, whiteboard animation, sky-writing or aeroplane banners. The owner and the team – because Caz is a sharing, caring type – may be compensated if you buy stuff from a provider. That said, your trust means the world to us so we won’t ever recommend anything without doing a shitload of research, with the exception of when we’re bribed with dark chocolate or pinot noir, because Caz cannot be trusted with those things. Comprendre?!
Oh you were looking for something more lawyer-speak. Borrrrrinnnngggggg, but okay, I’ll be serious then… killjoy. 😛
Terms of Service
You may be referred to as Licensee. The terms ‘You’ or ‘Licensee’ includes you and any of your owners, employees, volunteers, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms ‘Us,’ ‘We,’ or ‘Licensor’ includes our owners, employees, volunteers, subsidiaries, independent contractors, agents, attorneys, and assigns.
You must be at least 13 years old to access this website and at least 18 years old to purchase products or services from us. We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
ALL CONTENT IS PROVIDED “AS IS” AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The information presented in this website and any related products or services is intended to be for your educational and entertainment purposes only. We are not presenting you with a business opportunity or distributorship. No do we make any claims as to income you may earn. Nothing we offer should be considered an opportunity to “get rich.” Please use caution and seek the advice of qualified advisors.
In any case where income or revenue information is provided (if any), those figures are anecdotal information shared with us concerning the results achieved by the individual sharing the information. We have not independently verified any such statements. Please do not assume that you will have the same results. No statement in this website should be construed as a claim or representation of average earnings. Do not construe testimonials and statements of individuals as claims or representations of average earnings. We do not make any claims as to earnings, average, or otherwise.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.
Any earnings, revenue, or income statements are based on actual individual results and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. If we know typical buyer results they are listed. Otherwise, we do not know typical buyer results and you should take that into consideration. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person’s results will vary.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
You will not assign, sub-license, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic.
You will not provide false or misleading information to us.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
This Agreement in all respects shall be governed by and construed according to the laws of the Australian Federal Government and Victoria State Government to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Melbourne, Victoria. You consent to the exclusive jurisdiction of the state of Victoria and city of Melbourne for any dispute arising from or related to this Agreement.
You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the state of Victoria and city of Melbourne.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, imply, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
If you think your work-product has been reproduced in a manner constituting copyright infringement, please provide a notice to our Copyright Agent with the following:
- Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim is being infringed;
- Description of the location of the material that you claim is infringing on the Site;
- Address, telephone number, and e-mail address of the person submitting request;
- Statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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.
Our Copyright Agent for Notice of claims of copyright infringement on the site is Your Third Hand Services, who can be reached through the following contact information:
Mail: PO Box 94, Seddon, VIC, 3011
Date of this Agreement: September 22, 2016
We greatly value and appreciate those who recommend and promote our services and products to others. Affiliates are paid a fixed percent or dollar value, as agreed between the parties and stated in writing, for each confirmed paid referral they make that is not canceled or refunded, so long as you remain an affiliate and this agreement is in effect.
The cost of our products and services may change at any time and without notice. The affiliate payment for our products and services may change at any time and without notice. There is no guaranteed minimum payment from any referral.
Any advertised payments to affiliates for referrals, whether a lump sum or a percentage, refer to the gross amount paid by us. What you receive may be slightly less after taking into account third party processing fees. In particular, payments to affiliates will primary be via PayPal or other means with payments in Australian dollars, and PayPal or other merchant processing charges a fee for its services. More information can be found at http://paypal.com.
Affiliate payments are made approximately 30 days after the end of the month in which the payment generating transaction occurred. Fraudulent signups associated with an affiliate, or suspicious activity may result in a longer payment period.
Payment amounts for a referral may differ between affiliates if separately negotiated in writing.
Affiliates shall be responsible for all taxes and other similar levies as required by any law or regulation. Affiliate agrees as a condition of payment to accurately provide all identification and tax information necessary to allow us to comply with legal requirements.
Affiliates understand that payment tracking can never be 100% accurate and this may be affected by events beyond our control, such as customers not accepting cookies or other mechanisms through affiliate referrals are tracked.
The ability to advertise our products and services as an affiliate is non-exclusive and revocable in our discretion for any reason.
All proprietary information, trademarks, copyrights and all other similar rights in and arising out of our products and services are, and shall continue to be, our exclusive property. Affiliates have a right to refer to our trademarks only so long as they remain active affiliates and otherwise comply with these terms.
Affiliates shall act exclusively as an independent contractor, and is not an employee or agent. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties. Affiliates shall not sign any document in our name of or on our behalf, nor shall any affiliate hold itself out as being our agent or as having apparent authority to contract for or bind us to any contract.
Affiliates may not promote our products or services from any website or other location that engages in illegal conduct, according to both law of the jurisidction where we are based and the law of the jurisdiction in which the affiliate resides. Additionally, affiliates agree to not promote our products or services from any website or other location that also contains or promotes ‘adult’ related products or services, whether or not there is nudity.
Affiliates are solely responsible for their own advertising, which must be truthful and not deceptive. Affiliate advertising is not pre-approved or reviewed by us.
It is against Australian federal law to engage in commercial advertising using unsolicited email, faxes, or mail to persons located in the Australia. It is against the law, even if your country or jurisdiction may permit unsolicited advertising until a person opt-outs from receiving further advertisements.
We do not permit our affiliates to send unsolicited advertising any of our products or services to anyone, or promoting affiliate’s web pages or content on which our products or services are mentioned.
Any affiliate found to have sent unsolicited communication, whether or not to someone they have an existing business relationship with, may, in our discretion, have their license and right to use and/or market our products and services terminated.
This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
You also agree to defend, indemnify, and hold us harmless, including our owners, employees, independent contractors, subsidiaries, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, and anyone else, from any liability, claims, or demands, whether legal or equitable in nature, arising from your directly or indirectly sending unsolicited fax advertisements.
Affiliates are prohibited from copying, framing, or otherwise making our website appear on another domain.
Affiliates are prohibited from taking any action, using any practice or technology, which interferes with our website and/or tracking of referrals or affiliate commissions. This includes the use of toolbars, download technology, cookie stuffing, and any other system, practice, or scheme which results in a non-user caused event that creates a commissionable event.
Affiliates are prohibited from accessing our website, or causing any access to our website, in violation of any of these terms.