1. you are responsible for providing your own facilities (including hardware, software and systems) necessary for accessing and using the FeedXL Service;
2. the Owner accepts no responsibility for any deficiencies in your facilities for accessing and using the FeedXL Service;
3. the Owner may at any time vary the configuration of the FeedXL Service in its sole discretion without prior notice to you; and
4. the information you obtain from the FeedXL Service will only be used by persons who have a sound working knowledge of equine nutrition.

1. disclose any Confidential Information without the Owners consent;
2. decompile, disassemble, reverse engineer, copy or modify any software which is used to provide the FeedXL Service; or
3. do, or cause, anything that would prejudicially affect either the goodwill or reputation of the Owner or the market for the FeedXL Service.

1. upload or post any content that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to, an employee, agent or representative of the Owner;
3. upload or post any content that infringes any Intellectual Property Rights;
4. upload or post any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas, if any, that are designated for such purpose;
5. upload or post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy any computer software or hardware; or
6. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.

1. refuse or remove any content that is available via the Forum; and
2. remove your access to the Forum at anytime.

1. use your Data for the purpose of assessing the performance of the FeedXL Service; and
2. compile your Data for other purposes provided that any of your Data that identifies you will not be disclosed by the Owner to any third party without your prior approval.

1. the Owner may delete your Data stored on the System after the expiry or termination of this contract; and
2. you transmit your Data over the Internet at your own risk.

1. will be secure, uninterrupted or error free;
2. will meet your requirements or expectations;
3. will be free of viruses or any other harmful or destructive code;
4. will operate with any hardware, software, system or data which is not specified on this Website as being compatible with the FeedXL Service; or
5. the Feed Database is accurate, complete, up to date, relevant, appropriate, sufficient or suitable for your particular situation.

1. the FeedXL Service is provided as general information only and does not replace the need for individual professional or expert advice;
2. the inclusion of a feed in the Feed Database does not imply that the Owner recommends or endorses the feed in any way; and
3. the Owner is not responsible for any use of information provided to you by the FeedXL Service.

1. all Intellectual Property Rights and other proprietary rights in the FeedXL Service (including the software used to provide the FeedXL Service) are owned by the Owner;
2. you have no right, title or interest in the FeedXL Service (including the software used to provide the FeedXL Service) other than your rights of use set out in these Terms of Use; and
3. the Owner will own all Intellectual Property Rights in all suggestions, ideas, enhancement requests, feedback, recommendations and other information relating to the FeedXL Service that you provide to the Owner.

1. promptly notify the Owner; and
2. provide all reasonable information requested by the Owner for the purpose of dealing with the potential infringement.

1. is by its nature confidential;
2. is designated by the Owners as confidential; or
3. you know or ought to know is confidential;

and includes the Background Data.

1. words denoting the singular number include the plural and vice versa;
2. words denoting individuals include corporations and vice versa;
3. headings are for convenience only and do not affect interpretation;
4. references to clauses are references to clauses of these Terms of Use and references to sub-clauses are references to sub-clauses of this Deed;
5. references to this contract, any instrument, deed or agreement will be deemed to include references to this contract, such instrument, deed or agreement as amended, novated, supplemented, varied or replaced from time to time;
6. references to any party to this contract includes its successors or permitted assigns;
7. words denoting any gender include all genders;
8. recitals and instructions form part of this contract;
9. where an expression is defined, another part of speech or grammatical form of that expression has the corresponding meaning;
10. the words “includes”, “including” and similar expressions are not and must not be treated as words of limitation;
11. a reference to a person includes a natural person, company, corporation, partnership, trust, estate, joint venture, sole proprietorship, government, governmental or municipal agency, association, co-operative and any other entity or person whatsoever;
12. where a party comprises two or more persons any agreement or obligation to be performed or observed by that party binds those persons jointly and each of them severally, and a reference to that party is deemed to include a reference to any one or more of those persons;
13. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this contract or any part of it;
14. a reference to time is to the time in the place where the obligation is to be performed;
15. a reference to dollar or $ is to Australian currency; and
16. clauses 2, 4, 5, 6, 7, 8, 10, 11 and 13, and any other provisions of these Terms of Use which are capable of having effect after the expiry or termination of this contract, will survive the expiry or termination of this contract.