TERMS OF USE

Thank you for visiting simongroth.com (the “Site”). The Site allows you the opportunity to download text files featuring short stories by Simon Groth (the “Text Files”). These Terms of Use govern your access to and use of the Site and its contents and any downloading of the Text Files.
These Terms of Use are a legal contract between you and Simon Groth (”Simon Groth”). Please review them carefully. By using this Site, you agree to the terms and conditions contained in these Terms of Use. If you do not want to agree to these Terms of Use, then you should not use the Site. You should also review our Privacy Policy.

These Terms of Use may be updated from time to time. While we will try to notify of significant changes to the Terms of Use, you should regularly review them, particularly if you do not access the Site frequently. If you continue to access the Site and/or download Text Files after changes are made, even if you have not received notice of such changes, you will have agreed to the Terms of Use as modified.

The effective date of these Terms of Use is July 2006.

1. Ownership
Simon Groth is the exclusive owner of the Site, including all site content and code. “Content” includes not only the Text Files, but all other audio and visual elements of the site. Except as otherwise permitted by Simon Groth, neither Content nor any other part of the Site may be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed, or modified in any way, including for public or commercial purposes. Any rights not expressly granted herein are reserved to Simon Groth. Copyright 2006 Simon Groth.
Nothing contained in the Site grants you, by implication, estoppel or otherwise, any license or right to use any trade marks displayed on the Site without the written permission of Simon Groth or such third party that owns or controls such mark.
2. License Grant
Simon Groth grants you a non-exclusive, non-transferable limited license to access and use the Site and to view any Content posted on or accessed through the Site. In addition, upon registration and payment of the appropriate fee, Simon Groth grants you a license to download the applicable Text Files. This license is subject to your compliance with these Terms of Use and is for personal use only and not for any commercial purpose. You hereby agree not to use the Site or any Content (including Text Files) for any commercial purpose whatsoever.
The license to download Text Files includes the right to copy downloaded files onto CDs and other media for personal use only. Copying Text Files for any other purpose (including making copies for other people) is a violation of the license, as well as federal and state copyright law. All purchases through simongroth.com are non-refundable.
You agree that you will not (nor allow any third party to) modify the Content or any code contained in the Site in any manner or form; create derivative works, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Content. You agree to retain all copyright and other proprietary notices on the Content. You agree to comply with all applicable laws regarding your use of the Site.
3. Disclaimer of Warranties/Limitation of Liabilities
This site is offered for entertainment purposes only. Simon Groth does not warrant the truth or validity of the information contained on the Site. You acknowledge and understand that mistakes or omissions may occur in the data or information provided, as well as delays or interruptions of the data or information stream.

USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMON GROTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SIMON GROTH MAKES NO WARRANTY THAT (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (b) CONTENT WILL BE ACCURATE (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OR RELIABLE, OR (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH DOWNLOAD OR USE OF ANY MATERIAL, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SIMON GROTH WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIMON GROTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE (OR INABILITY TO USE THE SERVICE).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN CERTAIN CIRCUMSTANCES.

4. Materials Posted By You
Any materials you submit or make available for inclusion on the Site (for example, by message/billboard postings, postings to forums etc.) (”Your Materials”) are subject to the following terms and conditions. You grant Simon Groth an irrevocable, perpetual, world-wide, royalty free, non-exclusive and fully sub-licensable license to use, distribute, reproduce, sublicense, modify, adapt, publish, translate, perform (either publicly or by digital audio transmission) and publicly display Your Materials (in whole or in part) on the Site and to incorporate Your Materials into other works in any format or medium now known or later developed.
You warrant and agree that none of Your Materials (a) infringe on any rights of third parties, including copyrights, (b) is confidential or trade secret information of any party, (c) constitutes invasion of privacy or misappropriation of rights to publicity or personality, (d) is obscene, sexually explicit, defamatory or unlawful; or (e) contains a virus or other damaging content.
5. Indemnity
You agree, at your own expense, to defend and indemnify and hold Simon Groth, and affiliates harmless against any claim or demand which may be asserted against simongroth.com or affiliates, including reasonable attorneys’ fees, arising out of any breach or alleged breach of any of your obligations set forth in these Terms of Use or due to or arising out of anything you submit, post, transmit or make available through the Site.
6. General Terms
The Terms of Use, the Site and the Service will be governed by and construed in accordance with the laws of the State of Queensland, without regard to its conflict of law rules. Any claim, dispute or controversy between you and Simon Groth arising from or relating to the Terms of Use, the Site or your relationship with Simon Groth must be resolved exclusively in the appropriate court located in Queensland. THE PARTIES EXPRESSLY WAIVE THEIR ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING.
In any legal action relating to the Site, the Terms of Use or your relationship with Simon Groth, the party that wins will be reimbursed by the party that loses for all reasonable attorneys’ fees and expenses, including the cost of enforcing a judgment.
Simon Groth may provide notices of significant changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. Notices to you may also be made via either email or regular mail.
If any provision of the Terms of Use is unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Failure by either party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by such party.