pogo616 Terms and Conditions of Service

Last modified: 5 January 2010

1. Terms and Conditions Governing Use

1.1 This document sets out the terms and conditions governing the use of products, services, software, and web sites (collectively the "Services") of SMPG Media Pty Ltd, a company incorporated in the state of New South Wales in Australia, hereinafter referred to as SMPG Media. You agree that your use of the Services will be subjected to the terms and conditions set out in this document (the "General Terms").

1.2 In addition, you agree your use will be subjected to the terms of any applicable Legal Notices (the "Specific Terms"). Where Specific Terms apply to a Service, these will be accessible for you to read either within or through your use of that particular Service.

1.3 If there is any conflict between the General Terms and the Specific Terms, the Specific Terms shall take precedence in relation to the particular Service.

1.4 You acknowledge and agree that the General Terms and the Specific Terms (collectively the "Terms") form a legally binding agreement between you and SMPG Media in relation to your use of the Services and that you have read through the Terms carefully and agree to comply with them. You acknowledge and agree that you may not use the Services if you do not accept the terms.

2. Acceptance of the Terms

2.1 You can accept the Terms by a) clicking to accept or agree to the Terms, where this option is available, or b) by actually using the Services. In the latter case, you understand and agree that SMPG Media will treat your use of the Services as acceptance of the Terms from that point onwards.

2.2 You may not use the Services and may not accept the Terms if a) you are a minor or otherwise legally impermissible to enter into agreement with SMPG Media, or b) you are barred from receiving the Services under the laws of any applicable countries including Australia, the country in which you are resident or the country from which you use the Services.

3. SMPG Media's Provision of the Services

3.1 SMPG Media may have subsidiaries and affiliated legal entities around the world (the "Affiliated Companies") and some of the Services may be provided by the Affiliated Companies on SMPG Media's behalf. You acknowledge and agree that the Affiliated Companies will be entitled to provide the Services to you.

3.2 You acknowledge and agree that the form and nature of the Services which SMPG Media provides may change from time to time without prior notice to you as SMPG Media innovates to provide the best possible experience for you.

3.3 As part of its continuing innovation, you acknowledge and agree that SMPG Media may, at its sole discretion and without prior notice to you, permanently or temporarily stop providing the Services or any features within the Services to you or to users generally. If you are unhappy with such change, you may stop using the Services at any time and you need not specifically inform SMPG Media when you stop using the Services.

3.4 You acknowledge and agree that SMPG Media may, at its discretion, set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service at any time.

3.5 You acknowledge and agree that if SMPG Media disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4. Users' Usage of the Services

4.1 You agree to use the Services only as permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including but not limited to any laws regarding export control or data protection/privacy).

4.2 You acknowledge and agree that you may, as a result of or through your use of the Services, use a service or download a piece of software or purchase goods or services, which are provided by Third Parties; and your use of these other services, software or goods may be subject to a separate agreement between you and the Third Party concerned. The Terms do not affect your legal relationship with these Third Parties and SMPG Media is not responsible in any way for your legal relationship with these Third Parties.

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through SMPG Media provided interface, unless you have been specifically allowed to do so in writing by SMPG Media. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers) and shall ensure that you comply with any instructions set out in the Services.

4.4 To access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to SMPG Media will always be current, accurate, and correct.

4.5 You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.

4.6 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose unless you have been specifically permitted to do so in writing by SMPG Media.

4.7 You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage which SMPG Media may suffer, of any such breach and will fully indemnify SMPG Media for any loss or damage SMPG Media may suffer as a result of your breach of any of the Terms.

4.8 You acknowledge and agree that any textual or numeric identifier (including but not limited to username, account name, profile ID or account number) chosen by you or assigned to you may be changed, re-assigned or removed by SMPG Media at its sole discretion. SMPG Media will, however, inform you vie email before changing, re-assigning or removing such identifier.

5. Content in the Services

5.1 You acknowledge and agree that all information (including but not limited to written text, data files, audio files, computer software, photographs, videos, images, graphics or other multi-media content; whether related to products or services and including but not limited to opinions or views re the products or services; hereinafter referred to as the "Content") which you may have access to as part of, or through your use of, the Services belongs to either SMPG Media or the person or entity from which the Content originated (the "Third Party Content Provider").

5.2 You acknowledge and agree that Content from any Third Party Content Provider is the sole responsibility of the Third party Content Provider from which the Content originated and SMPG Media does not in any way endorse any Content, even if the Third Party Content Provider of such Content is remunerated by SMPG Media and for the avoidance of doubt, any views or opinions appearing in the Services does not represent the views and opinions of SMPG Media.

5.3 You acknowledge and agree that Content presented to you as part of the Services, including but not limited to, advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by SMPG Media or Third Party Content Providers. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been given written permission to do so by SMPG Media or the relevant Third Party Content Provider.

5.4 You acknowledge and agree that while SMPG Media reserves the right, it shall have no obligation to filter, pre-screen, flag, review, modify, refuse or remove any or all Content, including content posted by you, from any Service; and that it is in SMPG Media's sole discretion whether or not to provide tools to filter out indecent or offensive content.

5.5 You understand that by using the Services you may be exposed to Content that you may find indecent, offensive or objectionable and hence, you hereby acknowledge and agree that you use the Services at your own risk.

5.6 You acknowledge and agree that you are solely responsible for (and that SMPG Media has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions and will indemnify SMPG Media for any loss or damage suffered as a result of such actions in accordance with clause 17.

5.7 You further warrant that any content uploaded, transmitted or displayed by you while using the Services is either owned by you or of your own original creation and that you have the appropriate licences to upload or post any Content not owned or created by you.

6. Intellectual Property and Related Rights

6.1 You acknowledge and agree that SMPG Media or its licensors or the Third Party Content Providers own all intellectual property and any related interest, title or rights which may subsist in the Services (whether or not those rights are registered and wherever in the world those rights may exist).

6.2 You acknowledge and agree that the Services may contain information which is deemed confidential by SMPG Media and that you shall not use or disclose such information in any way without SMPG Media's prior written consent.

6.3 Nothing in the Terms gives you a right to use any of SMPG Media's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, whether animated or still (the "SMPG Brand"), unless you have agreed otherwise in writing with SMPG Media.

6.4 If you have been given an explicit right in writing by SMPG Media to use any of the SMPG Brand, then you agree that your use of such features shall be in compliance with the terms and conditions of the written permission, any applicable provisions of the Terms, and any SMPG Media's brand guidelines as updated from time to time.

6.5 You acknowledge and agree that you shall not alter, remove, or obscure any proprietary rights notices (including but not limited to copyright, patent and trade mark notices) or marks which may be affixed to any Content or contained within the Services.

6.6 You acknowledge and agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or licensee of such marks, names or logos unless you have express written permission from SMPG Media or the owner/licensee of such marks, names or logos to do so.

6.7 Other than as set forth in Clause 8, SMPG Media acknowledges and agrees that it obtains no right, title or interest from you or your licensors under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether or not those rights are registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that SMPG Media has no obligation to do so on your behalf unless you have agreed otherwise in writing with SMPG Media.

7. Licence Granted by SMPG Media

7.1 SMPG Media grants you a personal, royalty-free, worldwide, non-assignable and non-exclusive licence to use SMPG Media generated Content and SMPG Media provided software (the "Software") to access the Services provided to you by SMPG Media. This licence is for the sole purpose of allowing you to use and enjoy the Services as provided by SMPG Media, in accordance with the Terms, in particular Clauses 5.3, 7.2 and 7.3.

7.2 You may not and hereby undertake not to permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law or you have been given written permission by SMPG Media to do so.

7.3 You may not assign or sub-license your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software unless you have received written permission from SMPG Media to do so.

8. Licence Granted by Users

8.1 SMPG Media agrees that you retain any intellectual property and related rights you already hold in the Content which you submit, post or display on or through, the Services.

8.2 You agree that by submitting, posting or displaying the content, you hereby grant to SMPG Media a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

8.3 You understand and agree that SMPG Media, in performing the required technical steps to provide the Services to users, may a) distribute or transmit your Content in various media and over various public networks; and b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media and hereby grant SMPG Media a licence to take these actions.

8.4 You agree that the licence granted in Clause 8.1 includes a right for SMPG Media to make such Content available to other companies, organisations or individuals (the "Third Parties") with whom SMPG Media has relationships for the provision of the Services, and to use such Content in connection with the provision of the Services.

8.5 You warrant and represent to SMPG Media that you have all the rights, power and authority necessary to grant the licences pursuant to this clause 8.

9. Third Party Content

9.1 The Services may include hyperlinks to other web sites or content or resources. You understand and agree that SMPG Media has no control over any web sites, content or resources which are provided by Third Parties.

9.2 You acknowledge and agree that SMPG Media is not responsible for the availability of any such external sites, content or resources, and does not endorse or support any advertising, products or other materials on or available from such web sites, content or resources.

9.3 You acknowledge and agree that SMPG Media is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, content or resources, or as a result of any reliance placed by you on the completeness, timeliness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites, content or resources.

10. Account Security and Passwords

10.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. As such, you agree that you will be solely responsible to SMPG Media for all activities that occur under your account.

10.2 If you become aware of any unauthorized use of your password or of your account, you agree to notify SMPG Media immediately at registration@pogo616.com.

11. Privacy and Data Protection

11.1 You agree and acknowledge that SMPG Media may use your personal data in accordance with SMPG Media's privacy policies.

11.2 Please read SMPG Media's privacy policy at www.pogo616.com/legal/privacy_en.html for information about SMPG Media's privacy policies.

12. Software Upgrades

12.1 You understand and agree that the Software which you use may automatically download and install updates from time to time from SMPG Media. These updates are designed to enhance, improve and further develop the Services and may take the form of patches, bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates and permit SMPG Media to deliver these to you as part of your use of the Services.

12.2 You understand and agree that to the extent any of the Software is provided by Third Parties, you will use the Software in accordance with any additional terms such Third Parties may impose regarding use of the software.

13. Advertisements

13.1 You acknowledge and agree that some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information available through the Services.

13.2 You understand and agree that the manner, mode, scope and extent of advertising by SMPG Media on the Services are subject to change without specific notice to you.

13.3 In consideration of SMPG Media granting you access to and allowing you use of the Services, you expressly agree that SMPG Media may place advertising on the Services in accordance with this Clause 13.

14. Termination

14.1 You may terminate the Terms with SMPG Media by a) notifying SMPG Media in writing at any time or b) where SMPG Media has made this option available to you, closing your accounts for all of the Services which you use. If you choose to terminate by notifying SMPG Media in writing, your notice should be sent to registration@pogo616.com.

14.2 SMPG Media may at any time, terminate the Terms with you if a) you have breached any provision of the Terms (or have acted in a manner that indicates clearly that you are unable or do not intend to comply with the provisions of the Terms); b) SMPG Media is required to do so by law (including but not limited to where the provision of the Services to you is or will become unlawful); c) Third Party Content or Software Provider with whom SMPG Media offered the Services to you has terminated its relationship with SMPG Media or ceased to offer the Services to you; d) SMPG Media will no longer be providing the Services to users in the country in which you are resident or from which you use the service; or e) the provision of the Services to you by SMPG Media is, in SMPG Media's opinion, no longer commercially viable.

14.3 The Terms will continue to apply until terminated by either you or SMPG Media in accordance with this clause.

14.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and SMPG Media have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by the termination, and in particular, clause 20.8 shall survive Termination and continue to apply to such rights, obligations and liabilities indefinitely.

15. EXCLUSION OF WARRANTIES

15.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

15.2 IN PARTICULAR, SMPG MEDIA, ITS AFFILIATED COMPANIES, AND ITS LICENSORS EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY TO YOU THAT:

1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
2. YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR FREE FROM ERROR
3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, TIMELY OR RELIABLE, OR
4. THAT ANY DEFECTS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

15.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMPG MEDIA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15.5 SMPG MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15.6 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SMPG MEDIA'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND SMPG MEDIA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. LIMITATION OF LIABILITY

16.1 SUBJECT TO CLAUSE 15.6, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMPG MEDIA, ITS AFFLIATED COMPANIES, AND ITS LICENSORS, THIRD PARTY CONTENT AND SOFTWARE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR:

1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
   1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT OR ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY BUSINESS, ADVERTISER OR SPONSOR WHOSE CONTENT, PRODUCT OR ADVERTISING APPEARS ON THE SERVICES;
   2. ANY CHANGES WHICH SMPG MEDIA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
   3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
   4. YOUR FAILURE TO PROVIDE SMPG MEDIA WITH ACCURATE ACCOUNT INFORMATION; OR
   5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

16.2 THE LIMITATIONS ON SMPG MEDIA'S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY REGARDLESS OF WHETHER SMPG MEDIA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17. INDEMNITY

17.1 EXCEPT AS SET OUT IN CLAUSE 17.2 AND SUBJECT TO CLAUSE 17.3, SMPG MEDIA HAS NO OBLIGATION TO INDEMNIFY YOU IN ANY WAY. SAVE AS SPECIFIED IN CLAUSE 17.3, SMPG MEDIA'S ONLY OBLIGATION IN RESPONSE TO ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLIES WITH APPLICABLE LAWS IS TO TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS.

17.2 IF SMPG MEDIA IS REQUIRED BY LAW TO INDEMNIFY YOU, IN THE EVENT THE INFRINGING CONTENT ORGINATES FROM THIRD PARTIES, SMPG MEDIA'S INDEMNITY IS LIMITED TO THE AMOUNT SMPG MEDIA RECOVERS FROM THE RELEVANT THIRD PARTY PROVIDER.

17.3 UPON THE NOTICE OF ANY INFRINGEMENT CLAIM, IF SMPG MEDIA REASONABLY DEEMS SUCH CLAIM LIKELY, SMPG MEDIA SHALL HAVE THE RIGHT TO EITHER A) PROCURE THE RIGHT SO USERS CAN CONTINUE TO USE THE CONTENT, B) MODIFY THE CONTENT SO IT BECOMES NON-INFRINGING, OR C) REMOVE THE AFFECTED CONTENT FROM THE SERVICE.

17.4 YOU WILL INDEMNIFY SMPG MEDIA AGAINST ANY LOSS OR COST WHICH SMPG MEDIA SUFFERS AS A RESULT OF ANY INFORMATION POSTED BY YOU ON ANY INTERACTIVE FEATURES CONTAINED IN THE SERVICES AND ANY LOSS OR DAMAGE INCURRED BY SMPG MEDIA RESULTING FROM CLAIMS ARISING FROM A) YOUR MODIFICATION OF THE CONTENT, B) YOUR CONTINUED USE OF CONTENT THAT SMPG MEDIA HAS NOTIFIED YOU SHOULD NOT BE USED, OR C) YOUR BREACH OF CLAUSES 4.6, 5.3 AND/OR 5.7.

17.5 ANY OBLIGATEION TO INDEMNIFY PURSUANT TO THIS CLAUSE 17 ARISES ONLY IF: A) THE INDEMNIFYING PARTY OR WHERE APPLICABLE, THE RELAVENT THIRD PARTY CONTENT OWNDER OR PROVIDER, IS GIVEN IMMEDIATE AND COMPLETE CONTROL OF THE INDEMNIFICATION CLAIM AND B) THE INDEMNIFIED PARTY COOPERATES IN A TIMELY MANNER AND DOES NOT MATERIALLY PREJUDICE THE CONDUCT OF SUCH CLAIM.

18. Amendments

18.1 You acknowledge and agree that SMPG Media may amend the Terms, be it the General Terms or Specific Terms, from time to time. When such amendments are made, SMPG Media will make the new General Terms available at www.pogo616.com/legal/terms_en.html and any new Specific Terms will be made available to you via the affected Services.

18.2 You understand and agree that if you use the Services after the date on which the General Terms or Specific Terms have changed, such use will be treated by SMPG Media as your acceptance of the amended General Terms or Specific Terms.

19. Governing Language

19.1 If you have been provided with a translation of the English language version of the Terms by SMPG Media, you acknowledge and agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with SMPG Media.

19.2 If there is any conflict between the English language version of the Terms and a translation, then the English language version shall govern.

20. General

20.1 The Terms constitute SMPG Media and your entire understanding regarding your use of the Services, but excluding any services which SMPG Media may provide to you under a separate written agreement, and supersedes any prior agreements between you and SMPG Media in relation to the Services.

20.2 In agreeing to the Terms, you have not relied on and have no remedy in respect of any statement, warranty or representation made by SMPG Media except in the case of fraud or as set forth in Clause 15.6.

20.3 If any of the Terms is found to be illegal or unenforceable by a court of law, this will not affect the validity and enforceability of the remaining Terms.

20.4 You acknowledge and agree that if SMPG Media delays or fails to exercise or enforce any legal right or remedy under the Terms or which SMPG Media has the benefit of under any applicable law, this will not affect SMPG Media's right to exercise such right or remedy on any other occasion and that those rights or remedies will still be available to SMPG Media.

20.5 You acknowledge and agree that SMPG Media's Affiliated Companies shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on, or rights in favour of them. Other than as set forth in this Clause, no other person or company shall be third party beneficiaries to the Terms.

20.6 You acknowledge and agree that SMPG Media shall not be held liable in any way for any loss or damages you may suffer due to circumstances beyond its control.

20.7 You agree that SMPG Media may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

20.8 The Terms shall be governed by the laws of Australia without regard to its conflict of laws provisions. Both of us agree to submit to the exclusive jurisdiction of the courts located within the state of New South Wales to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SMPG Media shall have the right to apply for injunctive relief or any equivalent type of urgent legal remedies in any jurisdiction.

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