Welcome to http://www.eonfusion.com/ website (this Site). This Site is operated and owned by Myriax Software Pty Ltd (Myriax). Your access to and use of this Site, and the message boards, forums and wiki on this Site, is conditional on acceptance of these Conditions of Use. Use of this Site, and the message boards and forums on this Site, indicates your acceptance of these Conditions of Use. Please read them carefully before using this Site, and the message boards, forums and wiki on this Site.
If you do not agree to these Conditions of Use, please do not use this Site, including the message boards, forums and wiki on this Site.
The following websites are governed by these Terms and Conditions:
Eonfusion website: http://www.eonfusion.com/
Eonfusion user manual: http://www1.eonfusion.com/manual/index.php/User_manual
Eonfusion community forum: http://eonfusion2.myriax.com/forum/
Eonfusion community file sharing: http://eonfusion2.myriax.com/fsh/file_sharing.php
GENERAL TERMS & CONDITIONS
1. Access
Myriax reserves the right to deny you access to, or use of, all or part of this Site, without prior notice, if you engage in any conduct that Myriax believes, in its sole discretion:
(a) violates any term or provision of the Conditions of Use; or
(b) violates the rights of Myriax or third parties; or
(c) is otherwise inappropriate for continued access and use of this Site.
2. System Integrity & User Conduct
(a) You must not use this Site to, and you agree not to:
(i) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity (including where the Site requires you to register in order to use it);
(ii) post or transmit to or from this Site junk, obscene, indecent, pornographic, offensive, defamatory, unlawful, ethically objectionable or threatening electronic mail or "spam" to people who would not wish to receive mail from you;
(iii) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of this Site;
(iv) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site;
(v) attempt to gain unauthorized access to this Site or computer systems or networks connected to this Site through any means;
(vi) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(vii) collect, store, post, disclose or transmit personal data about other users;
(viii) email, post or transmit any material that you do not have a right to email, post or transmit (such as inside information or confidential information);
(ix) email, post or transmit any material that infringes the rights (including without limitation, copyright, patent, trade mark, trade secret or other proprietary rights) of any party; or
(x) violate any applicable law, convention or regulation or the lawful requirements of any relevant authority or the orders of any court of competent jurisdiction.
(b) You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for this Site and agree to accept responsibility for all activities that occur under your username and password. You agree to notify Myriax immediately of any unauthorized use of your password or any other breach of security.
3. Privacy Policy & Disclosure Statement
Myriax's Privacy Policy and Disclosure Statement at http://www.eonfusion.com/privacy_policy forms part of these Conditions of Use.
4. Use of the Message Boards, Forums and Wiki
(a) You acknowledge and agree that you are only permitted to contribute to, and post on, the message boards, forums and/or wiki, and publish and edit information on the wiki, if you have logged on to this Site using your username and password.
(b) You expressly acknowledge and agree that each contribution by you to the message boards, forums and/or wiki on this Site is a publication by you and is a means of public, not private, communication. You will be identified publicly by your username as the author.
(c) Neither Myriax nor any of its officers, directors, employees or agents endorse, monitor or accept any responsibility or liability for:
(i) any information, material or communication posted, displayed on or submitted to the message boards, forums and/or wiki on this Site, whether by you, or any other users of this Site, whether offensive to persons or group of persons, upsetting, defamatory, in any way unsuitable for people under the age of 18 years, or otherwise, or for the accuracy of such information; or
(ii) any use or misuse which you, or any other users of this Site, make of information or material which you, or any other users of this Site, submit to the message boards, forums and/or wiki on this Site.
(d) All emails and attachments and other information, material and communications received will be taken to be submitted for publication by Myriax on this Site and elsewhere free of charge. Myriax and each user of this Site is granted a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, publish and communicate to the public such emails, attachments, information, material and communications in any form and by any means. In submitting material to the message boards, forums and/or wiki on this Site, you waive all your moral rights in such contribution, consent to anything being done by Myriax or any user of this Site in respect of such contribution that could otherwise amount to an infringement of such moral rights, and warrant that you have obtained such consent from all other authors of such contribution.
(e) Myriax reserves the right to edit or delete any material posted by you on the message boards, forums and/or wiki for any reason at its discretion.
(f) You acknowledge that there is a maximum file size that may be posted on the message boards and forums. This maximum file size will be specified on the Site and may be amended from time to time. At the time of posting a file on the message boards and forums, You agree to comply with the then current maximum file size.
5. Disclaimer of Warranties & Limitation of Liability
(a) Myriax has created and maintains this Site as a service to the users of its products. The information provided on or accessible through this Site is not intended to be advice. Your particular circumstances will affect the applicability and relevance of information on or accessible through this Site. Myriax does not expect or invite any person to act or rely on any statement, view or opinion expressed, or information provided, on this Site or accessible through this Site, and readers should make their own inquiries and seek appropriate professional advice, and rely on those inquiries and that advice in making any decisions or giving any advice.
(b) Subject only to 5(c) below:
(i) this Site is provided by Myriax on an "as is" basis without any express or implied warranty of any kind;
(ii) the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from this Site may be intercepted, used or modified by third parties.
(iii) Myriax does not warrant that access to or use of this Site will be uninterrupted or error free or that this Site or any material on or accessible through this Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
(iv) Myriax does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state of or suitability for a particular purpose of any material on or accessible through this Site;
(v) Myriax may change any of the material on this Site at any time without notice;
(vi) Myriax makes no commitment to update any material on this Site;
(vii) you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through this Site, and any advice given or information provided by any person or entity mentioned on or accessible through this Site;
(viii) you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using this Site or the material on or accessible through this Site, or from relying on or using any advice given or information provided by any person or entity mentioned on or accessible through this Site;
(ix) neither Myriax nor any of its officers, directors, employees or agents will be liable for any loss or damage of any kind including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, economic, punitive or consequential losses or damages arising out of the reliance on or use or inability to use the material or information available on or accessible through this Site, or any advice given or information provided by any person or entity mentioned on or accessible through this Site, even if Myriax has been advised of the likelihood of such damages.
(c) Where the laws of any country or state in which these Conditions of Use are effective implies into these Conditions of Use any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty will be deemed to be included in these terms and conditions provided that any liability of Myriax and its officers, directors, employees or agents for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain, will be limited to the maximum extent permitted by the law of that country or state.
6. Indemnification
You agree to indemnify, defend, and hold harmless Myriax and its officers, directors, employees and agents from any and all third-party claims, demands, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of this Site, or your provision of information or material to Myriax in connection with this Site, or your posting on the message boards, forums and/or wiki on this Site, or your failure to comply with these Conditions of Use, or from your violation of any applicable law.
7. Intellectual Property Rights
(a) The content of this Site provided by Myriax or its licensors, including, without limitation, the information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), documents available for download from the Site, advertisements, layout, arrangement, graphical user interface, look and feel, and control features of this Site (Content) is protected by copyright, trade mark and other intellectual property laws and is owned by or licensed to Myriax.
(b) You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content except as expressly provided in these Conditions of Use or as permitted by applicable copyright laws.
(c) You acquire no rights or licenses in or to the Content other than the limited right to use the Content for the purposes of your personal, non commercial use, and provided that you retain on any copies of the Content, all copyright and other proprietary notices contained in the original materials. Other than the rights granted to you under clause 4 to contribute to, or post on, the message boards, forums and/or wiki on this Site, you may not modify the Content, nor reproduce or display, perform, or distribute or otherwise use it for any public, commercial or non-commercial purpose. You agree to comply with all reasonable written requests of Myriax or its suppliers of content to protect their contractual, common law and statutory rights in respect of this Site and the Content and other materials available on this Site.
(d) Any information provided to Myriax in connection with this Site will be provided by you and received by Myriax on a non-confidential basis. Myriax will be free to reproduce, use, disclose and distribute this information to others without limitation.
8. General
(a) Myriax may from time to time amend, update, or change this Site, including these Conditions of Use, without prior notice.
(b) Myriax will not be liable by reason of the failure in the performance of obligations under the Conditions of Use by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Myriax, including any form of technological failure or the actions of third parties.
(c) These Conditions of Use constitute the entire agreement between you and Myriax with respect to this Site, and the Conditions of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding this Site.
(d) If any provision of these Conditions of Use is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Conditions of Use will remain in full force and effect.
(e) The failure by Myriax to insist upon or enforce strict performance of any of these Conditions of Use will not be construed as a waiver of any right or remedy of Myriax in respect of any existing or subsequent breach of these Conditions of Use.
(f) These Conditions of Use, and any rights and licenses granted under them, may not be transferred or assigned by you, but may be assigned by Myriax without restriction.
(g) The laws of the State of Tasmania, Australia govern these Conditions of Use. Myriax operates this Site in Australia. Information contained on this Site may not be appropriate or available for use in other locations. If you access this Site from other locations, you do so at your own initiative and you are solely responsible for compliance with applicable local laws. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of Tasmania, Australia for any cause of action relating to or arising under these Conditions of Use.
9. Contact Details:
http://www.eonfusion.com/contact_us
