Magnums Butlers - Terms of Use

Magnums Butlers Terms of Use

The following Terms of Use outline your obligations when using the Magnums Butlers website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at Magnums Butlers.com, and all linked pages ("Site"), are owned and operated by Magnums Butlers, ("Magnums Butlers"), and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. MAGNUMS BUTLERS' ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MAGNUMS BUTLERS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

Magnums Butlers reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Magnums Butlers will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Magnums Butlers' sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Magnums Butlers may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Magnums Butlers performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Magnums Butlers may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Magnums Butlers may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

As a condition to using Jeeves Network Services, you are required to register with Magnums Butlers and select a password and user name ("Magnums Butlers User ID"). You shall provide Magnums Butlers with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Magnums Butlers account. You may not (i) select or use as a Magnums Butlers User ID a name of another person with the intent to impersonate that person; (ii) use as a Magnums Butlers User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Magnums Butlers User ID a name that is otherwise offensive, vulgar or obscene. Magnums Butlers reserves the right to refuse registration of, or cancel a Magnums Butlers User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Magnums Butlers password.

5. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Magnums Butlers.
By way of example, and not as a limitation, you agree not to use the Services:
1.   to abuse, harass, threaten, impersonate or intimidate other Magnums Butlers users;
2.   to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
3.   for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4.   to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Magnums Butlers user;
5.   to create or submit unwanted email ("Spam") to any other Magnums Butlers users or any URL;
6.   to violate any laws in your jurisdiction (including but not limited to copyright laws);
7.   to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8.   with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9.   with the intention of creating separate user accounts for the purpose of artificially altering Magnums Butlers's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Magnums Butlers' services;
10.   to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11.   attempt to impersonate another user or person;
12.   sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "MAGNUMS BUTLERS" ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO "MAGNUMS BUTLERS" ANY CONTENT).
Magnums Butlers may remove any Content and Magnums Butlers accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. You are solely responsible for your interactions with other users of the Site. Magnums Butlers reserves the right, but has no obligation, to monitor disputes between you and other users.

6. COPYRIGHT COMPLAINTS

Magnums Butlers respects the intellectual property of others. It is Magnums Butlers' policy to respond expeditiously to claims of copyright and other intellectual property infringement. Magnums Butlers will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Magnums Butlers may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Magnums Butlers will terminate access for subscribers and account holders who are repeat infringers.

7. MAGNUMS BUTLERS PRIVACY POLICY

Magnums Butlers's current privacy policy is available at www.magnumsbutlers/privacy.htm (the "Privacy Policy"), which is incorporated by this reference.

8. INDEMNITY

You will indemnify and hold harmless Magnums Butlers, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Magnums Butlers User ID, of any intellectual property or other right of any person or entity.

9. WARRANTY DISCLAIMERS

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Magnums Butlers has no control over such sites and resources, you acknowledge and agree that Magnums Butlers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Magnums Butlers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL MAGNUMS BUTLERS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.

11. TERMINATION

Magnums Butlers may terminate or suspend any and all Services and your Magnums Butlers account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Magnums Butlers account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Magnums Butlers in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Magnums Butlers shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Magnums Butlers' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Magnums Butlers' prior written consent. Magnums Butlers may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Queensland, Australia.

13. TRADEMARKS

MAGNUMS BUTLERS, JEEVES NETWORK and other Magnums Butlers’ graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Magnums Butlers in Australia. and/or other countries. Magnums Butlers' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.