Strawman complies with ASIC Regulatory Guideline 162 for Internet Discussion Sites (IDS). Please visit www.asic.gov.au for further information on this guideline. The Strawman website is operated by Strawman Pty Ltd (ACN 610 908 211).
Disclosure and Warnings to people who view postings on Strawman:
Disclosure and Warnings to people making postings on Strawman:
Strawman currently provides users with access to a collection of resources, including, forums, research notes, growth forecasts, valuations and financial data (the "Service"). You understand and agree that the service may include certain communications from Strawman, such as service announcements, administrative messages, and Strawman Newsletters, and that these communications are considered part of Strawman membership. You may at any time opt out of receiving Strawman newsletters. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Strawman properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that Strawman assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Strawman has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Strawman has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
If you are a new user you will an email confirmation upon completing the Service's registration process. Existing users will have this already. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Strawman of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Strawman cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Strawman, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Strawman does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Strawman be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that Strawman may or may not pre-screen Content, but that Strawman and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Strawman and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Strawman or submitted to Strawman, including without limitation information in Strawman Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Strawman may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Strawman, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Strawman and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Strawman is not intended for people outside of Australia.
Strawman does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Strawman the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the Strawman network of properties that are intended by Strawman to be available to the general public. By way of example, publicly accessible areas of the Service would include Strawman Discussion Forums and Company Reports.
Strawman makes no representations or warranties with respect to the ownership of, or copyright in, content on this website uploaded, linked or otherwise disseminated by users of our service and in no way represent others who claim to be authors, creators or owners of copyright or other rights thereto. You shall obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright or other use restrictions, intangible rights, or related interests for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity and defamation.
You agree to indemnify and hold Strawman, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
You agree that should you find any offending information, on the Strawman website you will immediately contact Strawman support via the support feature available on the website and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities (for example insider trading or unauthorised offerings of securities). You also agree that Strawman has 48 business hours to remove the offending material.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Strawman account), use of the Service, or access to the Service.
You acknowledge that Strawman may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Strawman's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Strawman has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Strawman reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Strawman reserves the right to modify these general practices and limits from time to time.
Strawman reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Strawman shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Strawman may, under certain circumstances and without prior notice, immediately terminate your Strawman account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Strawman account includes (a) removal of access to all offerings within the Service, (b) removal of access to the account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Strawman's sole discretion and that Strawman shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Strawman has no control over such sites and resources, you acknowledge and agree that Strawman is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Strawman shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Strawman or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Strawman grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Strawman for use in accessing the Service.
You expressly understand and agree that:
You expressly understand and agree that Strawman shall not be liable to you for any direct, 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 Strawman has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18. In addition, for this type of information particularly, the phrase "let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Strawman and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.
Strawman may provide you with notices, including those regarding changes to the TOU, by email, regular mail, or postings on the Service.
The Strawman logo, trademarks and service marks and other Strawman logos and product and service names (the "Strawman Marks") are trademarks of Strawman Pty Ltd. Without the prior permission of Strawman Pty Ltd you agree not to display or use in any manner, the Strawman Marks.
Entire Agreement. The TOU constitute the entire agreement between you and Strawman and govern your use of the Service, superseding any prior agreements between you and Strawman. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Strawman services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOU and the relationship between you and Strawman shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and Strawman agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Sydney, New South Wales.
Waiver and Severability of Terms. The failure of Strawman to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Strawman account is non-transferable and any rights to your Strawman account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to Strawman Support via the support feature available on the Strawman website.