Terms of Use

General

Welcome to Excite Digital Media. By using the services which Excite Digital Media provides at this Website (Services) you agree to be bound by the following terms and conditions. Excite Digital Media reserves the right to modify or terminate the Services, at its discretion, without notice and without liability to you or any other user or third party. Excite Digital Media also reserves the right to modify these terms and conditions at its discretion and without notice. Please read this document carefully, and review it occasionally to stay informed of any changes.

The Services provided by Excite Digital Media are for personal, non-commercial use only. Unless otherwise agreed with Excite Digital Media, you must not make any use of the Services for commercial gain. You may not mirror any part of the Excite Digital Media site, or send automated queries to the Excite Digital Media search engine, or display the results of a Excite Digital Media search in any form on another web site, unless expressly agreed with Excite Digital Media.

No Automated Querying

Excite Digital Media will not accept automated queries of any sort to the search engine without express permission in advance. Note that "automated search queries" includes using any software which sends queries to Excite Digital Media to determine or influence how a website "ranks" in the search results. Excite Digital Media reserves the right to “block” any user it identifies who breaches this condition.

Disclaimer of Warranties

The Internet is constantly changing and, as a result, no searching or indexing system can consistently offer a complete and current coverage of all accessible information. Excite Digital Media does not guarantee that your search results will be exhaustive (comprehensive), nor does it guarantee that a link which has been included in its database will be accurate, current or available at the time of your search.
To the fullest extent permitted by law, Excite Digital Media disclaims all representations and warranties (express, implied and statutory) including, without limitation, the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights. Excite Digital Media disclaims any warranties regarding the security, reliability, timeliness and performance of the search services it provides.

Content indexed by Excite Digital Media

Information included in the Excite Digital Media database, and on sites accessible from the Excite Digital Media site, is developed by people over whom Excite Digital Media exercises no control. The process by which entries are added to the Excite Digital Media database is largely automatic. Automation is necessary to enable the development of an database with broad coverage of the Internet, and to expand the Services Excite Digital Media is able to offer. There are a large number of Websites indexed by Excite Digital Media on a daily basis. Excite Digital Media cannot, and does not, screen the information included in its database, or any of the sites to which that database links. Excite Digital Media makes no representations concerning any effort to review such information or sites.

As such, Excite Digital Media's search engine may produce search results which contain, or which link to sites that contain, material which some people may find offensive or otherwise objectionable. Excite Digital Media assumes no responsibility for any content included in the database, or any site linked to by the database or otherwise accessible from this Website, and will not be responsible for any errors or omissions contained in the database, this Website, or any site otherwise accessible from this Website.

Excite Digital Media does, however, encourage all users to exercise their own discretion in using the Services. If you are concerned about the availability of inappropriate material on the Internet, there are a number of commercially available products which are capable of filtering content.

Limitation of Liability

Under no circumstances will Excite Digital Media or any of its affiliates or content providers be liable for any direct, indirect or consequential loss, or for any loss of profits or damages, arising out of or in connection with the use, inability to use, misuse, performance or non-performance of the Services, or any reliance on the Services (even if Excite Digital Media has been informed of the possibility of such loss or damages). This includes, without limitation, loss or damage caused by the Services not being available, unauthorised use or alteration of a user's data that is transmitted through use of the Services, loss or damage resulting from downloading any information or material through use of the Services, or from goods or services purchased or transactions entered into through the Services.

Indemnity and Release

The user releases, holds harmless and indemnifies Excite Digital Media and its affiliates, officers, directors, employees, consultants and agents (collectively, its associates), to the full extent permitted by law, from and against any liability whatever that arises in connection with the use of the Services. This includes, without limitation, an infringement by the user, or any other users of its account, of any intellectual property rights of a person or an entity. The user will indemnify Excite Digital Media and its associates and release then even if Excite Digital Media has been advised of the possibility of such infringement occurring.

Intellectual property

All rights in relation to any content to which you may be directed through the use of Excite Digital Media's Services remain the property of the respective owners of that content, and Excite Digital Media makes no representations regarding the use of that content.

Nothing on this Website or on any other Excite Digital Media Website, or use of the Services, will be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of Excite Digital Media, its affiliates or other third party.

Waiver of Legal Right

If a user breaches any of these terms and conditions of use, and Excite Digital Media has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of Excite Digital Media's legal rights.

Any waiver of any provision of these terms and conditions of use will only be effective if it is in writing and signed by Excite Digital Media.

Removal of sites

If a site which is brought to our attention is deemed by Excite Digital Media to be offensive, then the link to it will be removed from our Website or database at the earliest practicable time.

Governing Law

Unless expressly stated to the contrary, these terms and conditions of use and the Services offered by Excite Digital Media are governed by the laws of NSW, Australia. The user consents to the exclusive jurisdiction of Victorian courts regarding any disputes that arise in connection with these terms and conditions of use or the Services.
These terms and conditions of use constitute the entire agreement between Excite Digital Media and the user.