LAST UPDATED 5 DEMEMBER 2018

NIFTY OVER FIFTY SERVICE USER AGREEMENT

Welcome to the Nifty over Fifty website

These are our Terms of Service and User Agreement for use of our Service.
These Terms of Service (the “Terms of Service”) form an agreement between us and applies to everyone who visits and uses our Service or submits content for use on our Service. The Terms of Service explains the terms and conditions by which you may use and/or access our website, online and/or mobile services together with any related subsites, sub-domains, mobile and software applications, services, features and/or content associated therewith (our “Service”, “Services”, “Website”, the “Site”) which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These User Agreement Terms of Service apply whenever you access the network, regardless of how you access the Site.

Additional definitions:
a) “We”, “us”, “our” means MFM Innovations ABN 59 228 619 021.
b) “You” and “your” for the purposes of this User Agreement and Terms of Service, mean you as the User of our Service. If you use our Service on behalf of a company, organisation or other entity, then “you” includes you and that entity, you are an authorised representative of the entity, you agree to the Terms of Service on the entity’s behalf and thereby bind the entity to these Terms of Service, and your entity is legally and financially responsible for your use of our Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
c) “Advertisers” means businesses or organisations who advertise or promote their business on our Services.

These Terms of Service may be amended from time to time. Please look at the Last Updated date at the top of these terms and conditions as published on our website.

MFM Innovations is dedicated to providing users of our Service with a highly interactive, positive experience, while at the same time protecting our rights and the rights of our Users. The User Agreement Terms of Service governs your use of our Service, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. By accessing or using our Service, you hereby affirm that you have read, understood, and agree to be bound by these Terms of Service, whether or not you are a registered user or customer of our Service.

Please read our Terms of Service collectively with our Privacy Policy. The User Agreement and Privacy Policy set forth the legally binding terms and conditions for your use of the Site and the Service. If you do not agree with any of these Terms of Service, do not use or access (or continue to access) our Service.

 

Acceptance of User Agreement.

This User Agreement applies to all Users of MFM Innovations Services, including without limitation, Users who are contributors of content, information, and other materials or services, registered, members or advertisers. By registering and/or using any of the Services in any manner, which includes but is not limited to visiting or browsing the Site, you agree to this User Agreement Terms of Service and all other operating rules, notices, guidelines, policies and procedures, which are subject to change at the sole discretion of MFM Innovations. Your use of and access to this network indicates your acceptance of these Terms of Service.

The site is made available for personal use only. Any commercial use requires prior written approval from MFM Innovations.

 

Eligibility.

Nifty over Fifty is a community website designed with adults in mind.

The Services are offered only for your use, and not for the use or benefit of any third party.

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services unless your parent or legal guardian reads and accepts the terms and conditions of this User Agreement in your name and on your behalf. Should you become aware of anyone using the MFM Innovations Services who is under the age of 18, please report this to: admin@niftyoverfifty.com. We will not knowingly collect information from anyone under the age of 18.

We reserve sole discretion to refuse to offer the Services to any person or entity. We also reserve the right without reservation to our eligibility criteria at any time.

It is your sole responsibility to ensure that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 18 to receive certain MFM Innovations Services, then the minimum age is the legally defined one. If you are a minor, you may wish to consult your parents about what portions of the site are appropriate for you. The right to access the Services is revoked where this User Agreement or use of the Services is prohibited or provision of the Services conflicts with any applicable law, rule or regulation.

 

Registration.

If you would like to become a member of the Nifty over Fifty community, you will need to register and open a User/Member account with us. You agree that we may use the information you provide to us according to the Privacy Policy which describes how we collect, hold and use your personal information.

You may register for a User/Member account or log in using your Facebook login information. To use certain portions of the Services, you are not required to sign up for an Account.

Certain features of the Service, such as commenting and posting to community pages on the Site, requires you to register or you may need to provide information to participate in certain features or access certain content. The decision to provide this information is optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of our Service. When you register or become a member of our Service or provide information to our Service in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.

We recommend that you use a strong password for your Nifty over Fifty User/Member account. That is a password that uses a combination of upper and lower case letters, numbers and symbols.

If you become a member of our Service, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access our Service using your name in whole or in part.

You must provide accurate and complete information and keep your Account information updated. You shall not: (i) register a username with the intent to impersonate another person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorisation; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. It is your sole responsibility for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. We require that you notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorised use of your Account. You should never publish, distribute or post login information for your Account. We are not responsible for any unauthorised access to your account. If you breach any of these Terms of Service, we reserve the right to suspend or terminate your Nifty over Fifty member account and to prevent you from using our Services in the future.

You shall have the ability to delete your Account, either directly on the website through your User Profile or through a request made by contacting us at admin@niftyoverfifty.com

By using the Services through Facebook, you permit us to access certain information from your Facebook profile for use by the Services. By using the Services, you are authorising us to collect, store, retain, and use, in accordance with our Privacy Policy  any and all information that you permit Facebook to provide to us. You may control the amount of information that is accessible to us by adjusting your Facebook account privacy settings.

 

Content.

Definition. “Content” refers to all our Service information without limitation including logos, trademarks, data, text, images, photographs, images, illustrations, videos, audio clips, multimedia, written posts, articles, comments, advertising, directories, guides, articles, opinions, reviews, html, source and object code, software, data, scripts, graphics, and interactive features, layout and design look and feel (collectively the “Content”) are protected under applicable copyright and other proprietary rights (including but not limited to intellectual property) and are the intellectual property of MFM Innovations. MFM Innovations does not guarantee that any Content you access on or through the Services is or will continue to be accurate. “Content” also includes all “User Content”.

User Content. “User Content” refers to all content added, created, uploaded, submitted, distributed, or posted to the Service, whether publicly posted or privately. User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge sole responsibility for all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting in consequence.

Our Service contains messaging and communication facilities that are designed for you to communicate and share your thoughts and opinions with others.

Any content that you submit, post or display on our Services can be viewed by the general public, therefore you need to make sure that you only submit User Content that you are comfortable sharing with others.

All User Content which is submitted, is the responsibility of the person who submits it. We have no obligation to check all content which is submitted and we are not responsible for it. We do not endorse or support or promise that any content which is submitted is complete, truthful, accurate or reliable. We do not endorse any opinions by other people that are submitted to us. That includes opinion pieces and feature articles by our Advertisers and others. You are solely responsible if you rely on any content that is submitted to us and is posted on our Site. You use and rely on that content at your own risk.

When you submit content to us, you retain your rights in relation to it, however you grant us a perpetual, worldwide, non-exclusive royalty-free licence to use publish, reproduce, copy, adapt and modify that content. MFM Innovations claims copyright without restriction for all Content and User Content. You also agree that we can make your content available to our Advertisers on the same basis. No compensation will be paid for any content that you submit.

Our Service provides for User Content to be submitted from a variety of sources including private individuals.
Our Service is not responsible for the statements, opinions, accuracy and completeness expressed by individual User Content submissions, the responsibility lies solely with the individual. MFM Innovations is not the publisher of such Content and is therefore not liable for any delays, inaccuracies, errors or omissions. We cannot monitor all information posted to our Service and assume no responsibility to monitor Content. MFM Innovations shall not be liable to any user or anyone else for claims of defamation, libel, slander, infringement, copyright, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding, MFM Innovations reserves sole discretion to remove information at any time.

MFM Innovations does not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.

Our Service provides interactive User areas including messaging to share ideas and information. To protect your safety we particularly discourage divulging information like personal phone numbers and full address details in public areas of our Service. You agree and acknowledge that you will use your best judgement and take personal responsibility when submitting personal information to our Service. Our Service reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

 

Your User Obligations.

As a condition of use, you are solely responsible for your use of our Service, all of your activity, any data and Content that you submit in connection with the Services. You use our Service at your own risk.

Users agree:
To abide by the Terms of Service /Terms and Conditions;
To provide accurate, current and complete information at all times;
To be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account;
Not to exploit any Content for commercial use or in any way that violates any third party right;
Not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
Not to Post or upload Multimedia Content which contains hidden code or images which do not relate to or alter the intended meaning of the original Content;
That MFM Innovations has the right to delete any entry without providing any reasons;
That you may “Share” Content from the Site to your social media however you may not add a “Link” in User Content or in Comments or Reviews or any other location in the Service that links and takes Users to any third party platform, including your own website and/or your own social media pages, without MFM Innovation’s express written permission;
That MFM Innovations can use Content including User Content in any way, now and in the future. MFM Innovations also reserves the right not to use the User Content you submit;
That MFM Innovations does not guarantee that any Content will be made available on the Site or through the Services. Without restriction we reserve the right to remove, edit, modify, change, remove or block Content without notice and for any reason;
You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law;
You indemnify MFM Innovations against any and all legal fees, damages and other expenses that may be incurred by MFM Innovations as a result of a breach of the above warranty;
Unless otherwise stated, Users waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.

 

Users will not:

Use the network Services for any purpose or in any way which is contrary to the User Agreement Terms of Service or which is unlawful, including but not limited to breaching intellectual property rights, trademark, copyright or any other right of any other person or entity, linking to a listing or post any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent, libellous, deceptive, fraudulent, invasive of another’s privacy, vulgar, pornographic, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise determined by us in our sole discretion as inappropriate or otherwise objectionable;
Store send or distribute any content which is restricted, prohibited, or is otherwise unlawful under any applicable law;
Use or attempt to use another’s account, password, service or system except as expressly permitted by these Terms of Service;
Upload or transmits viruses or other harmful, disruptive or destructive files;
Interfere or attempt to interfere with our Services using any software program, routine or other activity. You must not attempt to gain unauthorised access to our Service, computer systems or networks or to any of the Services we supply, through hacking, password mining or any other means;
Submit or otherwise link to any site within the network, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code which is designed to damage, modify, interfere with, damage or obtain unauthorised access to any system, disrupt or destroy the files, data, passwords, devices or resources that belong to MFM Innovations or any third party, or do anything that compromises the security and/or stability of the Service network;
Violate a person’s privacy or misuse any person’s confidential information or infringe any person’s rights (including intellectual property rights and moral rights);
Undertake activities that would result in an excessive load being generated on our Service network, servers, or other resources;
Attempt to access, collect or store anyone else’s systems, networks or User data;
Commercialise any content or goods obtained from our Service without our written permission;
Use the Service in connection with unauthorized or unsolicited advertising, the transmission of junk mail or bulk e mail spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or send automated queries of any kind to the Site, network or the Directory or its Users or use or distribute any software designed to harvest email addresses.

 

Posting Rules.

By using our Service, you are participating in a community that is intended for all our users, therefore we reserve the right to remove any content posted on our Service at any time for any reason. MFM Innovations will exercise sole discretion to decide whether content violates any posting rule after we have actual notice of such posting.

Users agree not to post material that:
Contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
Violates any right of MFM Innovations or any third party;
Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
Violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
Unfairly interferes with any third party’s uninterrupted use and enjoyment of our Service;
Advertises, promotes or offers to trade or sell any goods or services without MFM Innovation’s express written permission;
Uploads copyrighted or other proprietary material of any kind on our Service without the express permission of the owner of that material;
Includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
Disrupts, interferes with, or otherwise harms or violates the security of our Service, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through our Service or affiliated or linked sites;
“Inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
Is unrelated to the specific interactive area or the interactive area’s topic;
Disguises the origin of the post;

MFM Innovations reserves without restriction the right to protect the community of https://www.niftyoverfifty.com
and its Users and Members. A violation of certain of posting rules may be referred to law enforcement authorities. MFM Innovations reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

 

Access to Services.

We try our best to ensure that you can access our Service, 24 hours a day, 7 days a week, except for upgrades and maintenance times. We cannot however, promise that access to our Platforms, or their functionality will be uninterrupted or error-free, or that our Platforms or our server(s) which store and transmit content, are free of viruses or other harmful components, or are completely secure.
You acknowledge that given the nature of IT systems our Services may be interfered with by numerous factors outside our control (including our reliance on third party systems and services such as internet service providers and cloud service providers) and you may experience interruptions and access difficulties from time to time. We will take reasonable steps to fix defects in our Service within a reasonable time of you providing us with details.
We will take reasonable commercial steps to maintain security in respect of our Service and any User Content which you submit to us. However, we do not guarantee the security of our Platforms or your User Content.
We will do our best to perform all scheduled maintenance at times which will affect the fewest number of our Nifty over Fifty members and Advertisers. Generally, we will post details of any scheduled maintenance to our website in advance.

 

Third Party Affiliates.

We participate in affiliate marketing and may allow affiliate links on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

 

Service Security.

You are prohibited from violating or attempting to violate the security of our Service, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to our Service, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MFM Innovations will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

 

Third Party Services and Communication.

The Service may have links to and from other websites, resources or services on the internet which are beyond our control, we are not responsible or liable for the functions, content, legality and appropriateness of other websites or resources and you acknowledge that you access these third party resources at your own risk. A link to a third party does not imply any association between us and their operations. Third party content is owned and/or subject to that third party’s terms and conditions of use. That includes the content which is published on our Advertisers’ websites and platforms. These links have been provided only as a convenience to you. We do not control the content of any linked sites, any changes or updates or the terms of use of those linked sites. Your use of those linked sites is solely your responsibility. We do not endorse the content of any linked sites.

You also agree that we are not responsible or liable directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify us at admin@niftyoverfifty.com. We will review the linked content and may, in our sole discretion, remove the link from the Service.

Your dealings or communications through our Service with any party other than our Service are solely between you and that third party. Certain areas of our Service for example, may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will MFM Innovations be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. MFM Innovations attempts to provide accurate descriptions of products and services on the Site, however we do not warrant, that the descriptions are accurate, complete, reliable, current or error-free. Please review carefully products and services from third parties as well as their policies and practices and make sure you are comfortable with those policies and practices before you make your decision to engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

 

Termination.

It is our sole discretion without limitation, to terminate your access to all or any part of the Service at any time with or without cause, with or without notice, effective immediately. This may result in the removal and destruction of all information associated with your membership. You may terminate your Account at any time via your User Profile. All provisions of this User Agreement shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer.

The Services and Content are provided without warranty of any kind, either expressed or implied.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.  You acknowledge that we have no duty to take any action regarding what Content you access via the Services, which users gain access to the Services, or how you may interpret or use the Content.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

 

Indemnity/Limitation of Liability.

MFM Innovations does not warrant the accuracy of the Content on the Site.

MFM Innovations will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to the network.

AS A CONDITION OF USE OF THIS WEBSITE AND ANY OTHER CHANNELS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MFM INNOVATIONS AND ITS SUPPLIERS, THEIR PARENT AND AFFILIATED COMPANIES, PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE OR ANY OTHER CHANNELS; (B) MFM INNOVATIONS’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (D) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (F) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. IF YOU ARE DISSATISFIED WITH ANY MFM INNOVATIONS MATERIAL, OR WITH ANY OF MFM INNOVATIONS’ TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR OTHER CHANNELS, AS APPLICABLE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MFM INNOVATIONS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, MFM INNOVATIONS IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.

 

Notices and Restrictions.

Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorised representatives.

 

Intellectual Property.

All intellectual property in relation to material included on the Service belongs to MFM Innovations or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything that interferes with or breaches those intellectual property rights. Posts, comments or reviews which are by definition Content or User Content remain the intellectual property of MFM Innovations and are not to be reproduced in any form without the written consent of MFM Innovations. Any unauthorised use of the Content, including Trademarks, Logos and Service Marks, will violate the intellectual property rights of MFM Innovations and/or associated third parties. Nothing contained on the MFM Innovations Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the MFM Innovations Site without the written permission of MFM Innovations or such third party that may own the Trademark.

When you submit User Content to us through the Service you retain your rights in relation to it, however you grant us unrestricted perpetual, irrevocable, royalty free, worldwide license (including the right to sub license and assign to a third party), and right and license to use, modify, copy, archive, store, aggregate, reproduce, distribute and prepare derivative works, transfer, publicly display, or provide access to electronically, in any media formats and through any media channels (including, without limitation, third party websites and feeds), enter into computer memory and use and practice, in anyway, your User Content as well as all modified and derivative works including marketing and promotions of our Service without limitation, and including after your termination of your Account or the Services. You also grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services. You promise that you own or licence all necessary rights in the content that you submit. That includes copyright. You agree that you waive any moral rights of you may have in the content that you submit.

You authorise MFM Innovations to include any information you provide in a searchable format that may be accessed by users of our website. You furthermore grant MFM Innovations and its affiliates and related entities the right to use your name, likeness, voice, or photograph and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. You agree that this license shall apply to MFM Innovations right to use any material, information, ideas, concepts, expertise or techniques contained in any communication you send to us for any purpose whatsoever. All rights are granted without the need for compensation of any sort to you. Except as prohibited by law, by submitting User Content through the Service, you are agreeing to waive any rights of attribution and not to assert any copyrights and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. These Terms of Service are not intended to restrict any rights you may have to use your User Content. MFM Innovations has no obligation to monitor or enforce your intellectual property rights in or to your User Content. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

 

General. 

These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these User Agreement Terms of Service shall control.

We reserve sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content), with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Service. Your use of the Service is subject to the User Agreement Terms of Service in effect at the time of such use.

These Terms of Service are severable: If any part of these terms and conditions are unenforceable the remainder will not be affected.

Governing Law and Jurisdiction: These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. You agree irrevocably to submit to the non-exclusive jurisdiction of the Courts of that State.

If you have any questions, concerns or suggestions about these Terms of Service, you may contact us at admin@niftyoverfifty.com

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