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Terms of Service

CVSDude Terms and Conditions of Use

This page states the Terms and Conditions under which you may use CVSDude's website and services. Please read this page carefully. By using this website, you agree to be bound by the Terms and Conditions stated here. Therefore, if you cannot accept these Terms and Conditions, please do not use the website or CVSDude's services. CVSDude may revise these Terms and Conditions at any time by updating this posting. Therefore, you should visit this page periodically to review the Terms and Conditions, because they are binding on you.

1. Your privacy
  1.1. CVSDude respects the rights and privacy of its customers. CVSDude will not disclose any material uploaded to CVSDude's servers to anyone else without your permission, unless legally required to or to enforce or protect its rights or to defend any claim or action brought against CVSDude.
 
  1.2. You, as a customer are entirely responsible for maintaining the confidentiality of your personal details, account details and password. You will enter these details via our account registration form and agree to enter these details accurately and truthfully. You are wholly responsible for any and all activities that occur under your account or in respect of your use of this service.
 
  1.3. You agree that the internet is an inherently insecure medium for the transmission of data and intellectual property. At any time, your electronic transmissions from any location to CVSDude's service may be monitored, redirected, or otherwise interfered with by a third party. CVSDude has put reasonable measures in place to prevent third parties from maliciously interfering with electronic transmissions to and from CVSDude's service. However, CVSDude does not make any representations as to the effectiveness of these measures.
 
2. No unlawful conduct
  2.1. CVSDude requires its members to behave in a lawful manner and not go outside these terms and conditions.
 
  2.2. You, as a customer agree that you will not use the CVSDude website and service for any purpose that is unlawful or prohibited by these terms and conditions. Any unauthorised use of the CVSDude website and service is expressly prohibited.
 
  2.3. In using the the CVSDude website and service, you agree to comply with all applicable laws in each relevant jurisdiction (both in Australia and internationally). You are entirely responsible for all acts and omissions that occur under your account or password, including the content of your transmissions through the CVSDude website and service.
 
3. CVSDude's liability
  3.1. CVSDude makes no representations about the availability, accuracy, reliability, suitability, completeness, or timeliness of any of its services or any of the material provided on this website or about the results to be obtained from using its services or the website. You use this website and CVSDude's services at your own risk. Changes are periodically made to the website and may be made at any time.
 
  3.2. THIS WEBSITE AND ALL OF CVSDUDE'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CVSDUDE BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE CVSDUDE'S SERVICES OR THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL BASIS, AND WHETHER OR NOT CVSDUDE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
  3.3. You agree that CVSDude is not be liable for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through CVSDude.
 
  3.4. You agree that CVSDude is not liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
 
  3.5. By using this website and CVSDude's services, you agree to indemnify, and hold harmless CVSDude, its officers, directors, employees and authorised agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal fees and costs) which CVSDude may become obligated to pay arising or resulting from your use of CVSDude's services or the website material or your breach of these terms and conditions.
 
4. Third Party Software
  4.1. CVSDude is not responsible for the code that implements any 3rd party software or service used on our web site nor are we responsible for the code that implements any 3rd party software or services provided via a non web interface. This is the responsibility of the implementers of the 3rd party software. This software is provided to our customers "as is" and CVSDude makes no warranty to you as to its availability, reliability, suitability or timeliness.
 
5. Data Backup
  5.1. CVSDude will maintain a backup to all customer data on multiple servers, but makes no claim about the accuracy and reliability of these backups.
 
  5.2. Any uploaded code and or data into our CVS or Subversion accounts, Bugzilla accounts, Trac accounts that has not been updated for a period longer than 6 months will be removed. This will not apply to customers who are currently subscribed to a payed CVSDude account, or who are granted a "free" upgrade.
 
6. Invoices
  6.1. CVSDude bills its customers according to the plan and plan term they select. Each payment is granted a 7 day grace period past the billing period end date. If a renewal payment is not received before this grace period, the account will be downgraded to the basic "free" account level. If a renewal payment is received after this 7 day grace period, a new "renewal date" will be assigned to the account, based on when the payment was made and the account will be re-upgraded according to the selected plan.
 
  6.2. CVSDude management will refund at its discretion any payment made by you in respect of its services even where you do not take the full benefit of the service provided or where your use of the services is terminated before the period of your selected plan expires.
 
7. Marketing
  7.1. You agree that CVSDude may identify you as a CVSDude customer in client lists and may use your name, company and/or logo solely for such purpose in its marketing materials. Any other uses of your name and/or logo not otherwise described or contemplated herein shall require your prior written consent. Under no circumstances will any of your contact and/or account details be shared with third parties. You may opt-out of having your name and/or logo identified by emailing: media AT cvsdude.com
 
8. Termination
  8.1. CVSDude may terminate your use of its services at any time for any reason and without notice.
 
  8.2. Your right to use CVSDude's services ceases immediately upon termination.
 
  8.3. At your request, and upon full payment of any all money owing by you to CVSDude in respect of your use of CVSDude's services up to the date of termination, and only where you have current subscription to a plan which includes a "Raw Repository Download" feature, CVSDude will deliver to you by email or equivalent retrieval option, the contents of your repository. CVSDude is not otherwise obliged to release the contents of your repository to you.
 
  8.4. Upon termination, CVSDude will bill you in respect of your use of CVSDude's services during that period in respect of which no payment has previously been received by you for your use of CVSDude's services.
 
9. Copyright and Intellectual Property
  9.1. The contents of this website are protected against unauthorised use in Australia and other countries by copyright and other intellectual property laws.
 
  9.2. You are not authorised to modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through CVSDude's website or service, including code and software.
 
  9.3. CVSDude acknowledges that the content uploaded by you to CVSDude's servers may also be protected by copyright and other intellectual property laws both within Australia and in other countries. CVSDude will not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content uploaded to CVSDude's servers by you, including code and software.
 
10. Governing Law and Jurisdiction
  10.1. You acknowledge and agree that this agreement is governed by and will be construed according to the laws of Queensland, Australia, and you submit irrevocably to the non-exclusive jurisdiction of the courts of Queensland with respect to any proceedings which may be brought at any time relating in any way to these terms and conditions or to your use of this website or of any service provided to you by CVSDude
 
  10.2. You submit and consent to the jurisdiction of the Brisbane Court District with respect to any proceedings which may be brought at any time relating in any way to these terms and conditions or to your use of this website or of any service provided to you by CVSDude.
 
11. Waiver
  11.1. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
 
12. Entire agreement and variation
  12.1. Except as expressly provided elsewhere in our website, these Terms and Conditions constitute the entire agreement between you and CVSDude with respect to the use of our website.
 
  12.2. Any changes to these terms and conditions must be made in writing and signed by an authorised representative of CVSDude.
 
13. Invalidity
  13.1. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
 
14. "CVSDude"
  14.1. Mark Bathie is the proprietor of CVSDude, this website and the services provided herein. Mark Bathie is personally entitled to the full benefit of these conditions, including any exclusions or limitations of liability.
 
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