This Terms of Use Agreement (this “Agreement”) is entered into by and between Lulu Review (“Lulu Review”, “we”, or “us”).  The term “you” refers to the user or viewer of www.lulureview.com.au (“Site”).

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This Site and its content is owned and operated by Lulu Review. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Site (“Content”) is the property of Lulu Review and is protected by Australian intellectual property laws.

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Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the Site constitutes acceptance of these terms and conditions.

We reserve the right to modify these terms and conditions from time to time at our sole and absolute discretion, in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

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Your continued use of the Site after any such change constitutes your acceptance of the new terms as they appear, whether or not you have read them. If you do not agree to any of these terms or any future version of the terms, please exit the Site immediately and do not, nor continue to use, access and/or browse the Site.

By accessing, using and/or browsing this Site, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

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INDEMNIFICATION

You agree to indemnify and hold Lulu Review harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Site or any of the services offered on the Site.

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LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Lulu Review, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Site.

To the maximum extent permitted by applicable law, Lulu Review assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by Lulu Review of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. Lulu Review is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party sites is subject to the terms of use for such sites.

The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and Lulu Review makes no representations and/or warranties about, any product or service contained therein.

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RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

The Site is protected by Australian copyright laws. Lulu Review hereby reserves any and all intellectual property rights in the Site.

All content and all materials on the Site or transferred from the Site, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Lulu Review.  Except as explicitly provided herein, nothing in these terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the Site, along with the Content therein, shall be governed by and construed in accordance with the laws of the State of Victoria without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Victoria. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Content contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

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ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and Lulu Review concerning your use of the Site and the Content contained therein.

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WAIVER

Lulu Review’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.