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25 September 2007
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TERMS OF USE

Marathon Resources Limited (Marathon) owns this domain name and website (Site). By accessing and using the text, graphics, audio, video, information and materials contained on the Site (Material), you agree to be bound by and abide by the following terms and conditions and the associated Privacy Policy.

In these terms and conditions, as the context requires, we, us and our means Marathon.

Intellectual property

You acknowledge and agree that, unless expressly indicated to the contrary, we (or our licensors) own all and any intellectual property rights (including any copyright, trademark rights and patent rights) in the Material. Nothing contained on the Site is to be construed as granting any licence or right of use of any trademark or other intellectual property displayed on the Site without the express written permission of the relevant owner. You acknowledge that you do not acquire any ownership rights by downloading any Material from the Site.

You may use the Material for your personal, non-commercial use.

However, except as expressly indicated in these terms and conditions, or as permitted by the Copyright Act 1968 (Cth), you must not:

(a) reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast or communicate any Material to any other person;
(b) modify any Material or create any derivative works from the Material without our prior written consent; or
(c) copy, save, or archive significant portions of the Material, other than by downloading, copying or printing reasonable amounts of such Material for your personal, non-commercial use, without our prior written consent.
Professional advice may need to be sought

You acknowledge that the Material:

(a) is provided for general information purposes only and does not include, or purport to include, any legal, financial, accounting, securities, investment or other professional advice or recommendations; and
(b) may not take into account any person's particular circumstances.
We strongly recommend that you seek independent advice from a qualified professional before acting on any Material, or before acting on any material contained on a website accessed via this Site (Related Site).

Material on this Site

You acknowledge that: (a) although we provide the Material in good faith, it is provided 'as is' without any warranty of any kind, and we accept no responsibility for its accuracy, completeness, reliability or timeliness; (b) the Material has been complied from various sources for general information purposes only, and you should not act or fail to act on the basis of the Material; (c) we are under no obligation to update the Material, or correct any inaccuracy in the Material which may become apparent at a later time; and (d) there are inherent hazards in electronic distribution and, as such, there may be interruptions or delays in access to, or omissions or inaccuracies in, the Material.

Disclaimer of warranties

Both we and our respective directors, officers and agents exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to the Material, or any materials contained on any Related Site. Where this paragraph cannot legally operate, and to the maximum extent permitted by law, our liability for any breach of any express or implied warranty is limited to resupplying of the Material or the reasonable cost of having it resupplied.

In particular (but without limitation) we do not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. Our liability for such an event is limited to the resupply of those files.

Our liability

To the maximum extent permitted by law, we are under no liability to you (including liability in negligence) in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of the Material or your use of the Site or any Related Site.

You agree to fully indemnify and hold us harmless against all and any loss, costs, expenses, demands, actions, proceedings or liability (including legal costs on a full indemnity basis), whether direct or indirect, reasonably incurred or suffered by us as a result of your use of the Material, the Site or any Related Site, a breach by you of your obligations under these terms and conditions, or any wilful, unlawful or negligent act or omission by you.

Links and frames

The Site may contain, or be linked (by hypertext link, frame or other reference) to, advice, statements and opinions of third parties, information providers or content providers. We do not warrant the accuracy, timeliness, reliability or completeness of any such advice, statements and opinions.

Links and frames connecting the Site to Related Sites are for convenience only and do not mean that we endorse or approve those Related Sites, their content or the people who run or contribute to them. Use or reliance on the contents of any Related Site is at your own risk. We also do not warrant or represent that materials on any Related Site do not infringe the intellectual property rights of any person. By linking the Site to other websites or allowing other websites to link to the Site, we do not authorise infringement of any intellectual property rights contained in materials on such other websites.

Suspension or disconnection

We may without notice suspend the Site or disconnect or deny you access to any part of the Site:

(a) during any technical failure, modification or maintenance involving the Site;
(b) if you fail to comply with these terms and conditions or any other agreement you hold with us; or
(c) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Site.

Termination

Without prejudice to any other rights we may have under these terms and conditions or at law or in equity, we may terminate these terms and conditions and/or your use of the Site, at any time.

Variation

We may at any time, in our sole discretion, amend, vary or modify these terms and conditions. Modifications to these terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute your acceptance of the modifications.

Governing law

The laws of the State of South Australia govern these terms and conditions and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of South Australia.

Entire agreement

These terms and conditions constitute the entire agreement between us as to its subject matter, and supersede all prior or inconsistent statements or representations in connection with that subject matter.

 
 
   MARATHON RESOURCES LIMITED © 2007