1.INTRODUCTION

1.199centcalendars.com is a website portal located at the URL : www.99centcalendars.com (“the Site”).

1.2Your use of the Site is governed by the terms and conditions set out below and as amended from time to time (“Terms of Use”). The owners of the Site reserve the right to amend the Terms of Use at any time by posting the amended terms to the Site without further notice to you.

1.3Your use and continued use of the Site shall be deemed to constitute your knowledge and acceptance of the Terms of Use. If you do not agree to be bound by the Terms of Use, you should immediately cease all use of the Site.

2.USE OF THE SITE

2.1The owners of the Site hereby grants you a non-exclusive, non-transferable, limited right and license to access the Site for your personal use only and otherwise in accordance with these Terms of Use.

2.2You may make copies or “cache” pages of the Site, but only to the extent automatically done by your internet browser software as a part of process of accessing the Site. Any other copying or use of the Site shall be an infringement of our copyright and shall be prosecuted to the full extent permitted by law.

2.3You may not copy, modify, adapt, transmit, publicly perform or display, sell, distribute, publish, customize, add to, delete from, or create derivative works of any part of the Site. Any other use or exploitation the Site, other than as expressly authorised by the Terms of Use is strictly prohibited.

2.4You agree that you will not use any script, software or mechanical device to access, monitor or copy the Site or interfere with the normal functioning of the Site, unless specifically authorised by the owners of the Site.

2.5You will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Site. You agree to use the Site only for lawful purposes. You warrant and promise that you are an individual (e.g., not a corporation) and at least eighteen (18) years of age or have specific permission from a parent or legal guardian to use the Site.

2.6You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

3.ALTERATION / DISCONTINUANCE OF THE SITE OR SITE

3.1The owners of the Site may discontinue or alter any aspect of the Site, including, but not limited to:

(a)Restricting the availability and/or scope of the Site for certain platforms and operating systems;

(b)Restricting the times at which the Site is available;

(c)Restricting the amount of use of the Site permitted by a particular user; and

(d)Restricting or terminating a user’s right to use the Site, at the sole discretion of the owners of the Site and without prior notice.

4.MONITORING OF THE SITE

4.1The owners of the Site may electronically monitor the Site and the users of the Site in order to ensure compliance with these Terms of Use and may disclose any information, record or electronic communication of a user of the Site:

(a)In compliance with any law, regulation or authorized governmental request;

(b)If such disclosure is necessary for the continued operation of the Site; or

(c)To protect the rights or property of the owners of the Site or its partners.

5.INTERNET ACCESS CHARGES

5.1You shall be solely responsible and liable for all charges (including internet access fees and associated charges) incurred by you in order to connect to the Site and/or use the Site.

6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

6.1In relation to the Site, the owners of the Site disclaim any and all warranties (either express or implied) to the full extent permitted by law, including without limitation:

(a)Any warranties regarding the availability or accuracy;

(b)Any warranties of title, merchantability or fitness for a particular purpose.

6.2Neither the owners of the Site, nor their partners, agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or incidental to the use of the Site or the Site or inability to gain access to the Site or use the Site.

6.3THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE SITE OR THE SITE, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OWNERS OF THE SITE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7.INDEMNITY

7.1You agree to indemnify, keep indemnified and forever hold harmless, both the owners of the Site and their partners, agents, affiliates and content partners from any costs (including legal costs), loss, damage, claims or disputes, which may arise out of or incidental to your use of the Site or from a breach of these Terms of Use.

8.DISCLAIMER FOR THIRD PARTY WEBSITES

8.1The Site may contain links to websites of our advertisers or other third parties (“Third Party Websites”). The owners of the Site do not have any control over and shall not be responsible or liable for:

(a)The price, quality, safety or legality of the goods or Sites available on or through Third Party Websites;

(b)The truth or accuracy or legality of the content on the Third Party Websites or for the actions you might take in reliance on that content; or

(c)The availability or technical capabilities of the Third Party Websites or the links provided to those Third Party Websites.

9. INTELLECTUAL PROPERTY RIGHTS

9.1Copyright.

The Site contains information, software, photos, video, graphics, music, sounds or other material (“Site Content”). The Site Content was created and is owned by the owners of the Site and is protected by applicable domestic and international copyright laws. Unless expressly permitted by these Terms of Use or elsewhere in the Site, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, or license, reproduce, create derivative works from or based on, distribute, post, publicly display, frame, link, or in any other way exploit any part of the Site Content, in whole or in part. Links to the Site are only permitted upon express permission from and by arrangement with the owners of the Site. Any rights not expressly granted to you herein are reserved. All copyright infringements will be prosecuted to the full extent permitted by law.

9.2 Trademarks.

“99centcalendars.com” and the “99centcalendars.com” logo are trademarks and service marks of the owners of the Site (“the Marks”). Any unauthorized use of the Marks is strictly prohibited.

Any product, service, or trade name other than those owned by the owners of the Site that identify a third party as the source thereof may, even if not so indicated, may be the service mark or trademark of that respective entity or individual.

9.3Claims of Copyright Infringement by third parties

The owners and operators of the Site support the Digital Millennium Copyright Act (“DMCA”) and encourages users to contact us via our agent at the address below, with any claims of alleged copyright infringement by Third Party Websites:

Justin Russom Level 23, 12 Creek Street Brisbane 4000, Australia Fax: (61) 7 3007 0075 Phone: (61) 7 3007 0012 Email: j.russom@au.darkbluesea.com

Please include “DMCA” in the subject line if sending us notice by email.

All notices to us in regard to potential copyright infringement should include all of the following details:

(a)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b)Identification of the copyrighted work claimed to have been infringed, or if a single covers multiple copyrighted works at a single Web site claim, a representative list of such works at that Web site.

(c)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 the owners of the Site to locate the material.

(d)Information reasonably sufficient to permit the owners of the Site 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.

(e)A statement that the complaining party believes in good faith, that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(f)A statement that the information in the notice 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.

9.4Dealing with Copyright Infringers

In the case of Third Party Websites who are the subject of a claim of copyright infringement, the owners of the Site reserve the right to remove and/or to disable any link or other access to such Third Party Websites and/or terminate the accounts of the owners of the said websites.

10.OBJECTIONABLE MATERIAL

10.1The owners of the Site support responsible parenting in respect of the use of the Site by children. We encourage parents to implement commercially available hardware and software filtering devices that will help protect children from exposure to material that is offensive, objectionable, harmful, deceptive or otherwise inappropriate for children.

10.2If you come across any Third Party Websites that you believe contains illegal material or assists or promotes the conduct of illegal activities, please contact us by email at: support@99centcalendars.com and we will pass the information on to the relevant authorities.

11. DATA COLLECTION AND YOUR PRIVACY

11.1Due to the nature of the Site, the owners of the Site do not ordinarily collect, store, use or disclose any personally identifying information of a user of the Site or the Site, unless you are an advertiser or otherwise make direct contact with us. In the event that you do provide us with such personal information, it will be dealt with in accordance with our Privacy Policy, which may be accessed by clicking on the relevant link on the Site.

11.2The Internet is a global computer network. By submitting your personal information to us electronically over the Internet, you agree to our collecting and processing your personal data in this manner. The owners of the Site shall not be responsible or liable for any loss or damage sustained as a result of interception of your personal data during transmission and/or the unauthorised use of this data by third parties.

12.GENERAL

12.1Governing Law

This Agreement shall be construed and controlled by the laws of the State of Queensland, Australia. Further, the laws of the State of Queensland will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Customer agrees to personal jurisdiction by the State and Federal courts sitting in the State of Queensland.

12.2Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the owners of the Site and you. The owners of the Site may amend or modify this Agreement or impose new conditions at any time without notice to you, effective immediately upon being published on the Site. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

12.3Notices

All notices given to you by the owners of the Site shall be sent to your nominated e-mail address. You may give notice to the owners of the Site by sending an e-mail addressed to support@99centcalendars.com

12.4Severability

In the event that any provision of these Terms of Use are found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the Terms of Use and the remaining provisions shall remain in full force and effect. The parties further agree that the court should endeavour to give effect to the parties’ intentions as reflected in the severed provision these Terms of Use should be interpreted to affect the intent of the parties, and the remaining provisions will remain in effect.

12.5Section Headings

The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this agreement.

12.6Waiver

A failure by the owners of the Site to exercise or enforce any right or provision of the Agreement shall not be deemed to be a waiver of such right or provision.

12.7Arbitration

Any dispute or claim arising out of or relating to the use of Site or the Sites or these Terms of Use shall be settled by binding arbitration conducted by an independent arbitrator appointed by the Queensland Law Society (“the Arbitrator”).