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Terms of Use / Disclaimer Notice

DNA Member Forum (Discussion Board) User Agreement

Last updated: 1 June 2012

Your access to the DNA Website ("Website") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as the "Terms of Use") and any other notices displayed elsewhere on this Website. Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

As a Member, you will be able to post on the Member Forum (also known as Discussion Boards) but these posts will be moderated to ensure the content is acceptable and falls within our Member Forum user terms and conditions.

DNA reserves the right to amend the Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time.

For an explanation of our practices and policies related to the collection, use, and storage of users' information, please read our Privacy Policy.

Inappropriate Language and Use

The use of inappropriate or offensive language is not permitted on the DNA Member Forum. Inappropriate or offensive language includes, but is not limited to, any language or content that is abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contains racially, ethnically or otherwise objectionable material of any kind.

Topics of discussion that are considered inappropriate on the DNA Member Forum will be deleted without prior notification. If a thread does not fall into any category provided, it is regarded as inappropriate. We ask that you please be considerate to other Members in the DNA Member Forum when posting your messages.

DNA reserves the right to ban a user at any time, without notice, if it is identified that users continue to post inappropriate threads for discussion on this Gay Men’s Lifestyle and Entertainment Member Forum.

DNA will not tolerate users expressing forms of bigotry, racism, hatred, or profanity. This includes, but is not limited to, the use of punctuation characters or symbols to simulate offensive and obscene swearing.

We encourage every user to treat every other user with mutual respect. Do not use the DNA Member Forum to threaten, harass, stalk, or abuse others participating in any discussion.

DNA does not tolerate disruptive activity online, such as persistent off-colour comments and postings or statements that incite others to violate this user agreement or participate in illegal activities.

If you are in doubt as to whether the content you wish to post is appropriate, please contact one of the Moderators through DNAsupport who can advise you on the issue.

Member Names and User Information

DNA encourages the use of usernames on our Member Forum rather than your actual name, to protect your privacy. We require Members to include the following information:

• First name
• Surname
• Country
• Email address

Failure to include correct information outlined above will be seen as a breach of the Member Forum user agreement.

Please refrain from choosing offensive usernames and never post a message under another person's name or pretend to be another person. When posting a message on the DNA Member Forum, your username is the only personal information that is displayed. Your real names and email address will never be displayed publicly unless otherwise specified by you.

Urgent note: To avoid spam and unwanted communication you should always exercise judgment when revealing personal information about yourself when you post messages in public Member Forums.

Username

Should you wish to participate on the DNA Member Forum you will need a username to advise people who you are.

The username field is compulsory and must be unique. If the name you select is already in use you will be prompted to choose a different one.

The DNA Member Forum Private Messaging System

All information passing through the private messaging system may legally be viewed by and disclosed to management, untrammeled by any (legal) concerns regarding privacy.

Please be reassured access is only made to carry out investigations against any complaints/queries where the content of the private messaging can be at risk to this Member Forum.

We would like to remind you that sensitive and confidential information should not be sent via posts or private messaging.

Stay Inside the Law

DNA does not allow any illegal activities on it’s Member Forum. You cannot use the Member Forum to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.

Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents. DNA is not responsible for any use of anything you say or post.

DNA does not allow posting or use of computer programs that contain destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens and other activities that can be disruptive to online communication.

No Spam - No Selling

Please do not "spam" through the DNA Member Forum; no one likes it. You don’t, so it’s fairly obvious that our users don’t either. To spam includes sending identical and irrelevant submissions to many different Member Forum areas. Usually such postings have nothing to do with the particular topic of the group or are of no real interest to those on the mailing list. To spam also includes misrepresenting the source of anything you say or post. Spamming is a serious violation of online etiquette.

DNA Australia will not condone users seen to be using their Member signature as an advertising mechanism and/or emailing or private messaging our users with spam regarding their services. The DNA moderating team reserves the right to give a final warning to users violating this clause.

DNA Australia reserves the right to ban a user at any time, without notice, from any or all DNA Member Forum areas for spamming.

The DNA Member Forum areas are not designed to be used as the primary mechanism for operating your business or providing core information about your business.

The DNA moderating team reserves the right to delete posts which;

1. Contain a direct link to auctions and topics clearly posted by commercial sellers.
2. Contain multiple posting by a user/author in an attempt to increase exposure via the Member Forum index page. You are only able to participate again in your 'for sale' thread if you are responding to a user’s legitimate question.

Avatars

What is an Avatar?

An avatar is a small image that represents you online. The avatar you select in your DNA Member Profile will appear on any Member Forum post you make.

The use of inappropriate or offensive avatars is not permitted on the DNA Member Forum. Inappropriate or offensive avatars includes, but is not limited to, any content that is sexually oriented, sexually suggestive or abusive, vulgar, obscene, profane or that contains racially, ethnically or otherwise objectionable material of any kind. We ask that you please be considerate to other Members in the Member Forum when selecting your avatar image.

Banning

The team from DNA make the final decision on all banning. Please be advised that the DNA team reserves the right to ban a user at any time, without notice.

You Are Responsible

You are responsible and liable for all your activities while participating in the DNA Member Forum. Remember that you are responsible for anything you say or post.

Once a post has been made live in the DNA Member Forum, unless it is brought to one of the moderators attention as being in breach of this user agreement, and is required to be edited or deleted, it is not a service we offer to remove users posts, therefore please consider your post carefully prior to making live.

DNA Australia does not tolerate any argumentative, derogatory or hurtful remarks regarding writers, photographers, models, designers, fashion and beauty houses, retail outlets, companies or individuals. Any such remarks should be sent directly to the company or individual concerned and not posted on this Member Forum. Any such remark deemed unacceptable will be edited or deleted without prior notification.

Some Member Forum posts may provide Internet Website links in their area. Please be advised that DNA is not responsible for the content on the Websites associated with the links you may view.

Some content and links on the Internet may contain adult content and may not be suitable to some age groups. Please do not post links of that sort to this Member Forum. Any user found to be doing so will be banned.

You are responsible for any actions you may take based on advice or information you receive online. Use your own good judgment when evaluating information provided through any Member Forum post, remember that the information provided could be from people of any experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.

The DNA Member Forum is moderated daily, with any undesirable or inappropriate posts edited or deleted and kept on file. Any user(s) seen to be repeatedly in breach of this user agreement, will have their DNA membership registration cancelled without prior warning.

DNA does not and cannot review all information posted to the Website by users and is not responsible for such information. However, DNA reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.

Intellectual Property

The material used in conjunction with the DNA Member Forum and DNAmagazine.com.au Website may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of DNA. This clause includes (but is not limited to) moderator private messages, Member Forum threads and posts. If DNA witnesses such reproduction; then legal action may take place as a result.

Reporting Undesirable Posts or Users

To report undesirable posts or to bring to our attention users who may not be following the Member Forum user agreement, please use the REPORT after the reply or thread that you wish to report or contact DNAsupport .

TERMS OF USE

This Web Site is owned and operated by DNA Publications Pty Limited (ABN 68 092 649 566).

Use of this Web Site is subject to the Terms of Use.

DNA is not liable to you or any other for any loss in connection with the use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use.

Please note: DNA reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.


DISCLAIMER OF LIABILITY


General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site. This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.

Specific Warnings and Disclaimers

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the Web Site, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Web Site will be uninterrupted or error free or that any defects will be corrected. We may, from time to time, change or add to this Web Site (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of DNA) will DNA be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Web Site.

To the fullest extent permitted by law, DNA liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of DNA to the following:

In the case of services supplied or offered by DNA,

(a) the supply of the services again, or

(b) the cost of having services supplied again; and In the case of goods supplied or offered by DNA,

(c) the replacement of the goods or the supply of equivalent goods,

(d) the repair of such goods,

(e) the payment of the cost of the replacing the goods or acquiring equivalent goods, or

(f) the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section. The Terms of Use are effective until terminated by DNA and DNA may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination you are no longer authorised to access the Web Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

COPYRIGHT

This Web Site is our copyright property. You are provided with access to it only for your personal and non-commercial use. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means: Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or Commercialise any information, products or services obtained from any part of this Web Site without our written permission.

TRADE MARKS

The "DNA" trade mark and other DNA products and services referred to in this Web Site are trade marks of DNA. Other product and company names mentioned in this Web Site may be the trade marks of other people or entities. Nothing contained in the Web Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Web Site without the express written permission of DNA or third party owner.

LINKED WEB SITES

This Web Site may contain links to Linked Web Sites. Those links are provided for convenience only any may not remain current or be maintained. Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated. Unless otherwise stated the Linked Web Sites are not under the control of DNA and DNA is not responsible for the contents of any Linked Web Site. You link to any such web site at your own risk.

COOKIES

DNA uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies

Session cookies are only used to let our site know that you are the same person wherever you go on our site. For example, if you put a product in your shopping cart and go to checkout, we need to know that it is you on the checkout page and you have ordered that product. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies

To enable DNA to recognise each time you visit the DNA website it downloads a cookie onto your hard drive.

Through the use of the cookie DNA is able to:

(a) recognise your browser each time it visits our site;

(b) recognise your user name and password each time it visits our site; and

(c) track which pages you visit whilst at our site.

DNA may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information, DNA would not provide this to third parties without your consent, except where:

(a) such disclosure is permitted under the Privacy Act 1988 (Australia);

(b) DNA is required by law to disclose information to third parties; or

(c) DNA has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on behalf of DNA.

GENERAL

In this Web Site:

"DNA" means DNA Publications Pty Limited (ABN 68 092 649 566) and its subsidiaries unless otherwise specified.

"Linked Web Sites" means web sites of persons or entities other than DNA which are hyperlinked from this Web Site.

"Personal Information" means any information from which your identity is apparent or can be reasonably be ascertained.

"Web Site" means the whole or any part of the web pages located at www.DNAmagazine.com.au (including the lay-out of this Web Site, individual elements of the Web Site design, underlying code elements of this Web Site, or text, sounds, graphics, animated elements or any other content of this Web Site.)

"We" and "us" refer to DNA, and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms of Use derogates from DNA right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by DNA with respect to that use.


Use of material supplied by you

For information regarding use of the material and information you supply or communicate with the Web Site, please see our Privacy Policy.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Web Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.


COPYRIGHT COMPLAINTS:

DNA respects the intellectual property of others, and we ask our users to do the same. DNA may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Web Site in a way that constitutes copyright infringement, or that the Web Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify DNA by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DNA to locate the material;
4. Information reasonably sufficient to permit DNA to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Copyright Complaints

DNA Publications Pty Limited
PO Box 127
LIDCOMBE NSW 1825
AUSTRALIA

By telephone: [61 2] 9764-0200
By facsimile: [61 2] 9764-1333
By e-mail: andrew@DNAmagazine.com.au

IMPORTANT NOTE:

Only copyright complaints should be sent to the above address. For communications on other matters, please visit www.DNAmagazine.com.au/DNAsupport.

Materials posted by others

You agree that DNA and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

Indemnification

You agree to indemnify DNA and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Web Site, or from your breach of this Agreement, or from any such acts through your use of the Web Site.

Editing and deletions

DNA reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Web Site or its bulletin boards, in its sole discretion, without notice.

Additional rules

DNA reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Web Site. Such additional rules will be posted in the relevant parts of the Web Site, and will be clearly identified. Your continued use of the Web Site constitutes your agreement to comply with these additional rules.

Sexual and Political Orientation

The appearance, mention or likeness of any person or organisation in editorial or advertising in no way suggests sexual or political orientation. Photographs used to illustrate editorial do not depict the real lives, behaviour or sexuality of the models. Opinions expressed on this website are not necessarily those of the publishers.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEB SITE AT YOUR OWN RISK. THE WEB SITE IS PROVIDED "AS IS", AND DNA, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY DNA. DNA, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEB SITE.

DNA, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEB SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEB SITE, YOUR USE OF OR RELIANCE ON THE WEB SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEB SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE DNA, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

TERMINATION OF ACCESS TO THE WEB SITE:


DNA has the right to terminate your ability to access the Web Site, for any or no reason, without notice.

JURISDICTION:

DNA makes no representation that materials on the Web Site are appropriate, available or legal in any particular location. Those who choose to access the Web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of Australia, applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in an appropriate court in Australia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

If you do not agree to the terms contained in this Agreement, please exit this Web Site.

DNA Publications Pty Limited
PO Box 127
LIDCOMBE NSW 1825
AUSTRALIA
T: [61 2] 9764-0200
F: [61 2] 9764-1333

www.DNAmagazine.com.au/DNAsupport .

To view our Privacy Policy click here.

To view DNAstore Policies and FAQs click here.

To view DNAstore Returns Policy click here.

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