Preamble
This website https://martinfamilyweb.wordpress.com/ (the “Site”) is maintained by Andrew Martin and Janette Martin for personal entertainment, information, and education. Throughout this site, the terms “we,” “us” and “our” refer to the Martin Family. The Martin Family offers this site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this site constitutes your agreement to these Terms of Use.
1. Disclaimer and Limitation of Liability. THE INFORMATION PRESENTED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MARTIN FAMILY PROVIDES THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. THE MARTIN FAMILY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE MARTIN FAMILY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. NEITHER THE MARTIN FAMILY NOR ANY OF ITS SUBSIDIARIES, EMPLOYEES, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, REGARDLESS OF WHETHER THE MARTIN FAMILY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.
2. Indemnification. You agree to indemnify, defend and hold harmless the Martin Family and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The Martin Family reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Martin Family in the defence of such matter.
3. Privacy. The Martin Family respects the privacy of its site users. Please refer to the Martin Family’s Privacy Policy which explains users’ rights and responsibilities with respect to information that is disclosed on this site.
4. Third-Party Websites and Links. This site may contain links to other sites, some of which are operated by the Martin Family or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. The inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
5. Submissions. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on the Martin Family site by electronic mail or otherwise, including, but not limited to, questions, comments, suggestions or computer files of any type, is and will be deemed to be non-confidential and the Martin Family will have no obligation of any kind with respect to such information. Further, you expressly grant or warrant that the owner of such material has expressly granted, the Martin Family a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed.
6. Trademarks and Copyrights. Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of the Martin Family, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. The Martin Family reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the Commonwealth of Australia and other countries.
7. Changes. The Martin Family reserves the right, at its sole discretion, to change, add or remove any portion of these Terms of Use at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes. The Martin Family may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. The Martin Family may also impose limits on certain features and services or restrict your access to parts of the site without notice or liability.
8. International Users and Jurisdiction. This site is maintained and controlled by the Martin Family in the Commonwealth of Australia. We make no representation that materials on this site are appropriate or available for use at other locations outside of the Commonwealth of Australia and access to this site from territories where this site’s contents are illegal is prohibited. If you access this site from locations outside of the Commonwealth of Australia, you are responsible for compliance with all local laws. The laws of the Commonwealth of Australia, and or the State of Victoria will govern the content and use of this site, without giving effect to any of the conflict of law principles or rules thereof.
9. Entire Agreement and Admissibility. This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and the Martin Family with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based on or relating to the use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. Severability. If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision will be severable without affecting the enforceability of all remaining provisions.
The Martin Family 