By accessing Cactive (CACTIVE PTY LTD), accessible from cactive.com.au, you are agreeing to be bound by these Terms of Service and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.
Permission is granted to temporarily download one copy of the materials on the Cactive website for personal, non-commercial transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license you may not:
This will let Cactive to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
All the materials on Cactive’s Website are provided "as is". Cactive makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Cactive does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Cactive or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Cactive’s Website, even if Cactive or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
The materials appearing on Cactive’s Website may include technical, typographical, or photographic errors. Cactive will not promise that any of the materials in this Website are accurate, complete, or current. Cactive may change the materials contained on its Website at any time without notice. Cactive does not make any commitment to update the materials.
You must not use Cactive to send, receive, store, or otherwise transfer any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
All content uploaded to the Cactive content delivery network must be owned by you, or you must have explicit permission from the owner of the content.
You agree to indemnify, defend, and hold harmless Cactive, its subsidiaries, affiliates, and its Cactive's respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, and liabilities, including attorneys' fees, arising out of or in any way related to your use of the Cactive, your breach of this Agreement, or your violation of any law or the rights of a third party.
This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.
You still own the rights to your content, and you are responsible for all of your content. However, by uploading to CactiveCloud's ultra-fast content delivery network, you grant Cactive a worldwide, non-exclusive, royalty-free, transferable, perpetual license to use, modify, and distribute your content.
You must respect intellectual property that may be provided to you by Cactive, or by third parties. You must not upload, post, or otherwise make available any content that infringes or violates the intellectual property rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, or other proprietary rights.
We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, Cactive ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS. This warranty does not affect any consumer rights you might have under applicable law, including the legal guarantee in certain places such as the European Union that products and services must comply with this agreement and your rights in case of non-conformity of a product or service.
Cactive may revise these Terms of Service for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
Any claim related to Cactive's Website shall be governed by the laws of Australia without regards to its conflict of law provisions.