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Terms of Service

1. Definitions

1.1. In these Terms of Service:

1.1.1. Max7 means the officers, directors, employees, affiliates and agents of the legal entity controlling, administering, maintaining and legal owner of the Website.

1.1.2. The Website means the domain name Max7.org.

1.1.3. User Contributions means all files and text submitted to the Website by you and other Users.

1.1.4. Content means all Content on the Website, including User Contributions, and, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, animations, curriculum, booklets, images (hand drawn or computer generated) interactive features and the like.

1.1.5. User means:

1.1.5.1. You, and

1.1.5.2. anyone accessing the Website in any capacity, including, but not limited to, people:

1.1.5.2.1. searching for Content;

1.1.5.2.2. downloading Content;

1.1.5.2.3. uploading User Contributions to the Website

1.1.6. Terms of Service means the Terms and Conditions governing the use of the Website by all Users, including all information under the title Terms of Service on this webpage.

2. Your Acceptance

2.1. As a User of the Website you signify your assent to both the:

2.1.1. Terms of Service and

2.1.2. The Website’s Privacy Notice, published at https://www.max7.org/privacy.

3. Max7 Website

These Terms of Service apply to all Users of the Website.

Max7 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to read the terms and conditions and privacy policy of each third-party website that you visit.

4. Website Access

4.1. Max7 hereby grants you permission to use User Contributions as set forth in this Terms of Service, provided that:

4.1.1. your use of the Website and User Contributions as permitted is solely for non-commercial purposes (i.e.: not for sale or for profit)

4.1.2. you will not copy or distribute any part of the Website and User Contributions in any medium for any commercial purposes (i.e., you will not copy of distribute any part of the Website and User Contributions for sale or profit)

4.1.3. your use is consistent with the Website values, which may be found at https://www.max7.org/about,

4.1.4. your use does not contravene any applicable law or regulation, and

4.1.5. you will otherwise comply with these Terms of Service.

4.2. As such Users of the Website are able to copy and/or distribute Content for personal use and/or the use of others, including, but not limited to your leaders, children, church or group.

4.3. When Content is downloaded from the Website, Users have permission to modify Content and resubmit it to the Website subject to these Terms of Service.

4.4 In order to access some features of the Website, Users will have to create an account.

4.4.1. When creating your account, Users must provide accurate and complete information. As a User you are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

4.4.2. You must notify info@max7.org immediately of any breach of security or unauthorized use of your account. Although Max7 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Max7 or others due to such unauthorized use.

4.4.3. You may never use another’s account without permission.

Please choose the information you post on the Website and that you provide to other Users with care.

5 Intellectual Property Rights

5.1. Content on the Website, except all User Contributions, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Max7, subject to copyright and other intellectual property rights as detailed under Copyright Act 1968 (Cth) (Australia) and other applicable legislation.

5.2. Max7 is not responsible for User Contributions.

5.3. When Users of the Website contribute Content, they agree:

5.3.1. To provide Content with anonymity;

5.3.2. To provide Content without any expectation of or entitlement to payment or other compensation at the time of uploading or contributing such Content, or at any point in the future,

5.3.3. That the Content may be posted on the Website, reproduced, published and communicated without attribution,

5.3.4. To waive all their moral rights for User Contributions,

5.3.5. To consent to anything being done by Max7 or any user of the Website in respect of User Contributions that could otherwise amount to an infringement of such moral rights from 5.3,

5.3.6. That the Content may be downloaded, copied and duplicated by other Users of the Website for non-commercial purposes, free of charge;

5.3.7. That Content donated to the Website have a perpetual ‘open’ license which means:

5.3.7.1. That Content may be modified in any way, including, but not limited to translation of such Content, by other Users,

5.3.7.2. That modified Content may be reposted to the Website, and will be subject to the same 'open' license the original Content were contributed with.

6. User Contributions

6.1. The Website may now or in the future permit the submission User Contributions and the hosting, sharing, and/or publishing of such User Contributions. This includes the submission of User Comments in relation to Content.

6.2. All Users of the Website understand and agree that:

6.2.1. no written or other acknowledgment will be made on the Website for submitted User Contributions – all User Contributions are listed anonymously on the Website.

6.2.2. Any identifying features, including User Comments, may be removed from the Content and/or the Website to maintain this anonymity.

6.3. When Users of the Website contribute Content, they agree that they have obtained such consent from all authors of the User Contributions.

6.4. All User Contributions are provided without any expectation of or entitlement to payment or other compensation.

6.5. You shall be solely responsible for your own User Contributions and the consequences of posting or publishing them. In connection with User Contributions, you affirm, represent, and/or warrant that:

6.5.1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service;

6.5.2. where applicable, you have the written consent, release, and/or permission of each and every identifiable individual person in the User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Contributions in the manner contemplated by the Website and these Terms of Service.

6.5.3. By submitting the User Contributions to the Website, you hereby grant the Website an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, communicate, translate and perform the User Contributions in connection with or through the Website, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

6.6. You also hereby grant each user of the Website an irrevocable, non-exclusive, royalty-free license to access your User Contributions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, communicate, translate and perform such User Contributions as permitted through the functionality of the Website and under these Terms of Service.

6.7. In connection with User Contributions, you further agree that you will not:

6.7.1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Website all of the license rights granted herein;

6.7.2. publish falsehoods or misrepresentations that could damage the Website, Max7, the Max7 brand or any third party;

6.7.3. submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

6.7.4. post advertisements or solicitations of business:

6.7.5. impersonate another person.

6.8. Max7:

6.8.1. does not endorse any User Contributions or any opinion, recommendation, or advice expressed therein,

6.8.2. expressly disclaims any and all liability in connection with User Contributions.

6.8.3. does not permit copyright infringing activities and infringement of intellectual property rights on the Website,

6.8.4. will remove all Content and User Contributions if properly notified that such Content or User Contributions infringes on another's intellectual property rights.

6.8.5. reserves the right to remove Content and User Contributions without prior notice.

6.8.6. will also terminate a User's access to the Website for repeat infringements. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Contributions removed from the Website more than twice.

6.8.7. also reserves the right to decide whether Content or User Contributions are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Max7 may remove such Content or User Contributions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

6.9. You understand and acknowledge that:

6.9.1. when using the Website, you will be exposed to User Contributions from a variety of sources, and that Max7 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions.

6.9.2. you may be exposed to User Contributions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Max7 with respect thereto, and agree to indemnify and hold the Website and Max7 harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Warranty Disclaimer

7.1. You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Max7 disclaim all warranties, express or implied, in connection with the Website and your use thereof.

7.2. The Website makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:

7.2.1. errors, mistakes, or inaccuracies of content,

7.2.2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,

7.2.3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

7.2.4. any interruption or cessation of transmission to or from our website,

7.2.5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or

7.2.6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.

7.3. Max7:

7.3.1. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and

7.3.2. will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

7.4. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

8. Limitation of Liability

8.1. In no event shall Max7 be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

8.1.1. Errors, mistakes, or inaccuracies of content,

8.1.2. User providing Content falsely or inaccurately providing permissions as outlined in 6.5 of these Terms of Service,

8.1.3. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,

8.1.4. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

8.1.5. Any interruption or cessation of transmission to or from the Website,

8.1.6. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or

8.1.7. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

8.2. In the event that any implied conditions and warranties cannot be excluded under the trade practices act 1974 (Cth Australia), Max7 limits its liability to the replacement or re supply of equivalent goods and services.

8.3. You specifically acknowledge that Max7 shall not be liable for user contributions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

8.4. The Website is controlled and offered by Max7 from facilities in Australia. Max7 make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

9.1. You agree to defend, indemnify and hold harmless Max7 from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

9.1.1. your use of and access to the Website;

9.1.2. your violation of any term of these Terms of Service;

9.1.3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or

9.1.4. any claim that one of your User Contributions caused damage to a third party.

9.2. This defence and indemnification obligation will survive these Terms of Service and your use of the Website.

10. Ability to Accept Terms of Service

10.1. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

11. Assignment

11.1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Max7 without restriction.

12. Disputes

12.1. You agree that:

12.1.1. the Website shall be deemed solely based in New South Wales, Australia; and

12.1.2. the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Website or Max7, either specific or general, in jurisdictions other than New South Wales.

12.2. These Terms of Service shall be governed by the internal substantive laws of the State of New South Wales without respect to its conflict of laws principles. Any claim or dispute between you and Max7 that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Sydney, New South Wales.

12.3. These Terms of Service, together with the Privacy Notice at http://www.max7.org/privacy and any other legal notices published by Max7 on the Website, shall constitute the entire agreement between you and Max7 concerning the Website.

12.4. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

12.5. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Max7 failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

12.6. Max7 reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.

12.7. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

12.8. You and Max7 agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

13. Claimed Infringement

13.1. If you are a copyright owner or an agent thereof and believe that any User Contributions or other Content infringes upon your copyrights, you should submit a Notice of Claimed Infringement (“Notice”) to Max7 at info@max7.org, outlining the infringement pursuant to the Copyright Act 1968 (Cth) (Australia).

13.2. Completion and submission of a Notice by you amounts to a statement that:

13.2.1. You believe in good faith that the allegedly infringing use is not authorised by the copyright owner,

13.2.2. That the information in the Notice is accurate,

13.2.3. You can show evidence of ownership of copyright; and

13.2.4. That you are either the owner of the copyright in the relevant material or you are the copyright owner's agent.

13.3. Upon receipt of a properly completed Notice, Max7 will:

13.3.1. Remove the allegedly infringing material from its website,

13.3.2. Contact the user that contributed the allegedly infringing material,

13.3.3. Provide them with a copy of your Notice;

13.3.4. Notify them of their right to issue a counter-notice within three months of receipt of your Notice

13.4. If the contributor of the allegedly infringing material wishes to dispute its removal, they must submit a counter-notice to Max7 who will then send you a copy of this counter-notice.

13.5. If, following receipt of a counter-notice, you do not bring injunction proceedings to restrain the allegedly infringing activities within 30 days of Max7 notifying you of the counter-notice, or you are subsequently unsuccessful in any such proceedings, Max7 will restore access to the material on the Max7 website.

Please direct any further questions to info@max7.org