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Terms and conditions
	by clicking continue to payment you are agreeing to the terms and conditions outlined below
	The Buttonator.com Registered Users Agreement (this "Agreement") is a legal document that details your rights and obligations as a Registered User and/or Member of the Buttonator.com Web Site. Your compliance with the terms set forth in this Agreement will help ensure that Buttonator.com’s Web Site remains secure and reliable. We encourage you to print out or save a copy of this Agreement for your future reference. This Agreement is between you (the "Registered User") and Golden Orb Technologies, the owner of Buttonator.com and its Affiliates, as defined below (for the purposes of this Agreement the terms "Buttonator.com" and "Golden Orb Technologies" are used interchangeably). In this Agreement, "you" or "your" or "Registered User" means any person or entity using the Web Site. By entering your agreement code and clicking the "ACCEPT" button at the end of this Agreement, or by accessing or using any part of this web site, you indicate your acceptance of the terms of this Agreement and you agree that this Agreement constitutes a "writing signed by you" under applicable laws and regulations. If you do not agree to be bound by the terms of this Agreement, please cease all further use of the Buttonator.com Web Site. If you have any questions concerning this Agreement, please contact Buttonator.com at [helper@Buttonator com]. PLEASE REVIEW THIS AGREEMENT CAREFULLY AS THIS AGREEMENT PROVIDES VERY IMPORTANT INFORMATION ABOUT YOUR Buttonator.com MEMBERSHIP. You agree to permit Buttonator.com to amend this Agreement in its sole discretion at any time, and you agree to abide by and be fully bound by such amended terms. The amended terms shall automatically be effective after they are posted on the Web Site, and your continued use of the Web Site on or after such effective time constitutes your acceptance of the amended terms. This Agreement may not be otherwise amended except in writing signed by you and Buttonator.com. If you do not agree to the future changes to the Agreement or to any of the current terms in the Agreement, your only remedy is to cease use of the Web Site. THESE TERMS OF USE WERE LAST MODIFIED ON November 15, 2006. 1. Definitions 1.1 "Buttonator.com Service" means all of the services that Buttonator.com offers on the Buttonator.com Web Site, including, without limitation, the "Button Creation Service" and the "Subscription Service," and all technology, processes and materials used to provide such services. 1.2 "Buttonator.com Web Site" or the "Web Site" means the web site located at the domain names "Buttonator.com" and "golden-orb.com" and at such other domain names used to identify web sites on which Buttonator.com may offer the Buttonator.com Service. 1.3 "Button Creation Service" means the button production service offered by Buttonator.com that enables Members to customize Web Site buttons for themselves or for their customers. 1.4 "Registered User" means any person or entity who opens and maintains an account with Buttonator.com. 1.5 "Subscription Service" means Buttonator.com's fee-based subscription service that contains additional premium features for Members, including the ability to create and maintain rendered buttons. 1.6 "Member" means any person or entity who uses the Subscription Service. 1.7 "Product" means any product or service designed, manufactured, marketed or sold using the Buttonator.com Service. 2. General Rules 2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the Buttonator.com Service, whether you just browse the Buttonator.com Web Site, use its freely-available services, use the Registered User service, purchase Products, or participate in Subscription Services. 2.2 Buttonator.com will only provide the Buttonator.com Service to persons and entities who can form legally binding and enforceable contracts under applicable law. 2.3 Buttonator.com may modify the Buttonator.com Service at any time with or without notice to you. 2.4 If Buttonator.com determines, in its sole and absolute discretion, that you will or have breached a term or condition of this Agreement by designing, manufacturing, marketing or selling a Product or Service that infringes the rights of others or otherwise does not meet the standards of Buttonator.com, Buttonator.com may cancel any order for such Product or Service without any liability to you or any third party. 3. YOUR OBLIGATIONS TO US ========================= 3.1 - Email Address - To activate your account and gain access to the restricted areas of the Web Site you are required to provide an active email address capable of receiving emails from Buttonator.com and evidence that you are able to receive emails sent to it, either by clicking the link provided in the welcome email sent to your email address upon account creation, by entering the account activation code also sent in this email in the appropriate form on the Web Site. You have no right to access the Web Site until you have provided evidence in the above form that the email address you have given is capable of receiving emails. No refund can be given for any period of account inactivity due to your failure to provide adequate evidence, or failure to make clear in any communications sent the purpose of those communications (for instance, blank emails sent as proof of email validity). 3.2 - Automatic Response Emails - You agree not to use auto-responders on the email address registered on your Buttonator.com account, if you choose to receive Buttonator.com emails. Buttonator.com emails cannot be sent to addresses that produce automatic responses (including vacation messages, over-quota messages, non-delivery messages, spam filtering messages, or any other kind of automatic email response), and you understand that should such an automatic response be generated by your email address your Buttonator.com Service will be stopped without notification (since notification would be given by email, and most automatic responses are indications that messages sent by email cannot be delivered). You may only reactivate your Buttonator.com Service when you can ensure that your Buttonator.com account will not generate automatic responses. You must reactivate manually by reconfiguring your Buttonator.com settings. 3.3 - Changes to Email Address - Should you at any point stop being able to receive emails at the address you provide you must inform us and make an official username alteration request (a request to change your username, sent from a new email address, quoting your current username and password) within 21 days. Should you fail to inform us of a change to your email address you will be in breach of contract and your account may be cancelled without notification or refund. If your failure to inform us of your change of email address later causes problems you may be asked to pay a one-off Non-Notification Fee of $75. If requested, this must be paid within 30 days. 3.4 - Payments - By taking out a subscription to Buttonator.com you agree to pay for any service rendered, including but not limited to account creation, account upgrade, and the maintenance of your account, in line with the terms of each payment plan as laid out below, as well as any fees that become payable under the terms of this agreement, including but not limited to Non-Notification Fees, Disputed Payment Fees, and Late Payment Fees. 3.5 - Disputed Payments - By taking out a subscription to Buttonator.com you assert that you will honour all payments made and will not dispute any payments made, either through your bank, credit card company, payment processing company, or by any other means, other than by requesting a refund directly from Buttonator.com Should you register any dispute with any other body regarding a payment made to Buttonator.com you agree to pay a Disputed Payment Fee of $30.. If you reverse any payments you make to Buttonator.com you will remain liable for this amount and agree to pay the amount reversed in full through one of the payment options offered by us, plus the full amount of the Disputed Payment Fee. You agree to make this payment before the end of the calendar month following the month in which the email notification that payment is required is sent. It is your responsibility to ensure you provide us with an email address capable of receiving emails from us, and non-receipt of emails informing you of the required payment will not nullify the debt or mitigate non-payment. If you do not receive the emails sent to you because your email address has changed without you having notified us of this fact as per the conditions under 3.3 you will also become liable for a Non-Notification Fee of $75. 3.6 - Account Security - As a subscriber to Buttonator.com you must keep your login details secret at all times and never share them with any other person. If activity on your account suggests that your login details have become compromised your account may be suspended and you may be issued with a new password within two working days. You must not revert to your previous password, which may have been compromised. 4. PAYMENT PLANS ================ 4.1 - Account Creation: - Monthly Subscription Fees - Buttonator.com subscriptions are created on the basis of receipt of the appropriate Monthly Subscription Fees. Monthly Subscription Fees are payments made at the start of each subscription month and are not refundable, unless there has been an error in creating or a failure to create an account. Once an account has been correctly created (either by you or manually by Buttonator.com staff) the account Monthly Subscription Fees is not refundable. 4.2 -Subscription Fees are regular fees due at the beginning of each period of subscription. There is no obligation to make any Subscription Fees after the first period has elapsed. You may cancel your account at any time. 4.3 - Monthly Subscription - The monthly subscription fee is ten dollars $10, payable in advance. which is non-refundable. 4,4 Where you opt to have your account automatically debited each month, your monthly subscription fee payment will be transferred from your card automatically at the beginning of the month in line with the request you generated with Eway when you took out your subscription. Automatic transfers will continue on a monthly basis until you terminate the agreement you made with Eway . 4.5 – Six Month Subscriptions: A 10% discount is available if you choose to pay your account six months in advance. That is your six month subscription will be $54 You will not be liable for any rise in fees should they occur prior to the end of the period you have subscribed for. 4.6 - Annual Subscription: A 25% discount is available if you choose to pay your account 12 months in advance. That is your annual subscription fee will be $90. You will not be liable for any rise in fees should they occur prior to the end of the period you have subscribed for. 4. Your Conduct 5.1 Generally, you must use the Buttonator.com Service in a manner that demonstrates good taste and respect for the rights of Buttonator.com and third parties. 5.2 You will not use the Buttonator.com Service to post content or to design, manufacture, market or sell a Product that (i) infringes the rights of a third party, including, without limitation, copyrights, trade marks, patents, trade secrets, rights of privacy and publicity, (ii) is libellous, defamatory or slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) contains explicitly sexual content, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse others, (vii) exploits images or the likeness of minors, (viii) encourages the use of drugs or the under-age use of alcohol or cigarettes or (ix) is generally offensive or in bad taste. 5.3 You will not (i) use "spam," "blast-faxes" or recorded telephone messages to market or sell Products, (ii) interfere with the Buttonator.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Buttonator.com Service, (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Buttonator.com Web Site, (v) collect electronic mail addresses or other information from third parties by using the Buttonator.com Service, (vi) impersonate another person or entity, (viii) engage in any activity that interferes with any third party's ability to use or enjoy the Buttonator.com Service or (ix) assist any third party in engaging in any activity prohibited by this Agreement. 5.4 You are solely and exclusively responsible for ensuring that all Media you provide through use of the Buttonator.com Service is in compliance with the terms and conditions of this Agreement and all applicable laws, regulations and rules. 5.5 Buttonator.com in its sole discretion, without notice, may remove any Media at any time posted by a Registered User to the Web Site regardless of the guidelines set forth in this Agreement. Buttonator.com does not control the content (including Media) posted on the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Web Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Buttonator.com 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 Web Site. 5.6 Subject to the terms set forth in this Agreement, Buttonator.com hereby grants you a limited, non-transferrable, nonexclusive right to access the Web Site and the services provided thereby. Buttonator.com makes no covenant, representation or warranty that the Web Site will be operational at all times or that it will continue to offer the Web Site or any or all of the elements of the Web Site. You may not use the information of Buttonator.com or any other Registered User in any manner that would enable a third party to obtain the benefits of the Web Site and the information and services offered thereby without first becoming a Registered User and using the Web Site to access such information and services. You agree that any information that you obtain through the Web Site is confidential and proprietary information of Buttonator.com and its other users. Except as expressly set forth herein, you may not reproduce or distribute any information available from the Web Site, electronically or otherwise. You shall not store or aggregate such information in any manner. 6. Policies governing the Buttonator.com Web Site 6.1 Privacy Policy. Buttonator.com seeks to maintain the privacy of the information that you and other users of Buttonator.com’s Web Site provide to Buttonator.com. Buttonator.com’s use of the Member Information shall be governed at all times by Buttonator.com’s then-current Privacy Policy (http://www.Buttonator.com/privacy). Buttonator.com shall be entitled to amend the Privacy Policy at any time in accordance with the provision for amendment of this Agreement set forth at the beginning of this Agreement. 6.2 No Violation of Applicable Law. You agree that you will comply at all times with all applicable Laws. You acknowledge that you are solely responsible for ensuring that the manner in which you transmit and receive information and use the Web Site complies with all Laws. You may not post on the Web Site or sell through the Web Site any Good or Service where such posting or sale violates any applicable Law or could cause Buttonator.com or any of its Affiliates to violate any applicable Law. 6.3 International Members. International Members in some countries may not use the Web Site or access its content. IT IS Buttonator.com’s REQUIREMENT THAT USERS OUTSIDE AUSTRALIA ARE REGISTERING TO BE A MEMBER ONLY AFTER DETERMINING THAT THEIR MEMBERSHIP VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are an international user, you warrant that you are violating no law or regulation by your use of the Web Site, and you shall indemnify Buttonator.com for any and all liability that might arise from your use of the Web Site. 6.4 Currency. Unless otherwise expressly stated, all amounts shall be in US Dollars (US$). 6.5 Taxes. You are responsible for paying all applicable taxes and other costs incurred by you in connection with this Agreement, including without limitation taxes and costs related to the license of Media. 6.6 Links. Buttonator.com may, in its sole discretion, and without your consent or payment to you, place links on the Web Site to other websites on the Internet that are owned or operated by third parties. You acknowledge and agree that Buttonator.com is not responsible for the operation of or content located on any such website, and Buttonator.com cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agree that you may not make any claim against Buttonator.com for any damages or losses of any kind arising from the third-party website and/or the link. You are expressly prohibited from framing or linking or otherwise using or displaying the Web Site in such a manner so that it appears to be part of your own or someone else's website. You shall not deep link to any image on the Web Site. 6.7 Manipulation. Registered Users may not: (a) use any device, software or routine in any attempt to interfere or disrupt the Web Site; or (b) take any action that imposes any unreasonable or disproportionately large load on the Web Site or Buttonator.com’s infrastructure. Buttonator.com reserves the right in its sole discretion to actively pursue any Registered User which Buttonator.com believes to be engaging in such activities and terminate that Registered User’s membership. 7. Intellectual Property Rights 7.1 Buttonator.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the Buttonator.com Service, and Buttonator.com will have the sole and exclusive right to obtain trade mark and copyright registrations, patents and other protection therefor. You will not acquire any right, title or interest in any rights of Buttonator.com under this Agreement or otherwise. 7.2 You hereby grant Buttonator.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any rights you have in the Member Information and Media, and otherwise to make use of the Member Information and Media (including publishing, disseminating, broadcasting, manipulating, reproducing, editing, translating, performing, modifying, or displaying any part of the Member Information) and/or Media alone or as part of other work in any form, media, or technology whether now new known or hereafter developed, to enable Buttonator.com to continue the specific operation or marketing of the site. This includes, but is certainly not limited to email "newsletters." 8. Representations and Warranties 8.1 Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement is a legal, valid and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions. 8.2 You represent and warrant to Buttonator.com that any content you submit to Buttonator.com and any Product that you design, manufacture, market or sell using the Buttonator.com Service will not infringe the copyright, trade mark, patent, trade secret, rights of privacy and publicity or other legal right of any third party. 9. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS 9.1 Disclaimer of Warranty. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEB SITE AND THE SERVICES PROVIDED THEREBY, IS ENTIRELY AT YOUR OWN RISK. Buttonator.com DISCLAIMS TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT (A) Buttonator.com DOES NOT WARRANT THAT THE WEB SITE AND SERVICES PROVIDED BY Buttonator.com SHALL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION, AND THE WEB SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND; (B) Buttonator.com DOES NOT AND CANNOT CONTROL THE FLOW OF DATA AND INFORMATION THROUGH THE INTERNET, AND SUCH FLOW DEPENDS ON THE PERFORMANCE OF THIRD PARTIES WHOSE ACTIONS OR INACTIONS MAY PRODUCE SITUATIONS IN WHICH CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) ARE IMPAIRED OR DISRUPTED AND FOR WHICH Buttonator.com IS NOT LIABLE; (C) Buttonator.com DOES NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE MEDIA LICENSED VIA THE WEB SITE; AND (D) Buttonator.com DOES NOT WARRANT THAT THE INFORMATION PROVIDED VIA THE WEB SITE, WHETHER CONCERNING THE GOODS OR SERVICES OR THE MEMBER INFORMATION OR ANY OTHER SUBJECT, IS COMPLETE OR ACCURATE. 9.2 No Consequential Damages. IN NO EVENT SHALL Buttonator.com OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, INCLUDING THROUGH THE USE OF THE WEB SITE OR THE PROVISION OF SERVICES THEREBY, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.3 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, Buttonator.com'S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Buttonator.com UNDER THIS AGREEMENT DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE EVENT GIVING RISE TO THE CLAIM AGAINST Buttonator.com AROSE. 10. Indemnification. You agree to indemnify Buttonator.com, Golden Orb Technologies and its Affiliates for and from any loss or damages, including reasonable attorneys’ fees, arising from or relating to out of: (a) your use of the Buttonator.com Service or any Media posted or uploaded by you, including any alleged or actual violation of any Law directly or indirectly arising from such use; (b) any breach or alleged breach by you of the terms of this Agreement; (c) the misuse or misappropriation of Registered User Information supplied to you; and (d) the Media offered to be licensed from you, whether arising from the information concerning the Media provided by you for posting on the Web Site, the license of such Media, the delivery of the Media, or otherwise. In particular, and without limiting the foregoing, because Buttonator.com does not and cannot control the actions of its Registered Users, in the event that you have a dispute with one or more Registered Users, you hereby agree to indemnify and release Buttonator.com and its Affiliates from any and all claims, demands, liabilities, losses and damages (both actual and consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way connected with such dispute. 11. Additional Terms. The following agreements, rules and policies contain additional terms and conditions that govern your use of the Buttonator.com Service. Buttonator.com reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the Buttonator.com Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence. 11.1 Buttonator.com offers the Subscription Service on the terms and conditions set forth in its Member Service Agreement. 11.2 Buttonator.com may collect and share your information as provided for in its Privacy Policy. 11.3 If you participate in Buttonator.com’s challenges, you will do so in accordance with its Challenge Rules. 12. Termination 12.1 At any time and with or without cause, Buttonator.com may immediately terminate this Agreement or any or all of rights and privileges granted to you or any of the other Registered Users hereunder, and Buttonator.com may also suspend your use of the Web site or refuse to provide you access to the Web site or the services provided thereby. You may terminate this Agreement at any time upon written notice to Buttonator.com. In no event shall any termination, suspension or refusal to provide access by either Buttonator.com or you act to relieve you of any obligations which have accrued under this Agreement prior to the date of such termination, suspension or refusal. 12.2 If you or Buttonator.com terminate your account, or if Buttonator.com takes any action pursuant to Section 12.1, Buttonator.com may delete any web sites, web pages, files, graphics or other content or materials relating to your use of the Buttonator.com Service on Buttonator.com's servers or otherwise in its possession and Buttonator.com will have no liability to you or any third party for doing so. If you or Buttonator.com terminate your account you must immediately remove all links to the Buttonator.com Web Site from any web sites you operate and cease representing yourself as a Registered User and/or Member. 13. Miscellaneous Provisions Notices. All notices, requests, demands or other communications required or permitted to be given pursuant to the Agreement shall be in writing and shall be deemed to have been given (A) three (3) days after mailing to your address on file with Buttonator.com, if sent by mail, registered or certified mail, return receipt requested, postage prepaid, (B) one (1) day after mailing if sent by nationally recognized overnight courier for next day delivery, (C) upon transmission if sent by facsimile or electronic mail with a confirmation copy simultaneously sent by mail, first class, postage prepaid, or (D) six (6) hours after being posted by Buttonator.com on the Web Site. Equitable Remedies. Both parties acknowledge and agree that money damages and other remedies at law may not provide an adequate remedy in the event of a breach of this Agreement. Therefore, in addition to any other remedies that may be available, the non breaching party shall be entitled to seek injunctive relief or specific performance or other equitable remedies without the necessity of posting bond. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of their obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other causes beyond the control of such party, provided that such party gives the other written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof and uses its best efforts to cure the delay ("Force Majeure"). In the event of such Force Majeure, the time of performance or cure shall be extended for a period equal to the duration of the Force Majeure but in no event shall exceed three (3) months. Assignment; Successors and Assigns. This Agreement and the rights granted by Buttonator.com to you hereunder may not be assigned or transferred by you without the prior written consent of Buttonator.com. Buttonator.com may assign this Agreement without obtaining your consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective legal representatives, successors and permitted assigns. Severability. The invalidity or unenforceability of any provision or portion thereof in any jurisdiction shall not affect the validity, legality or enforceability of the remaining provisions and remainder of such provision in such jurisdiction or the validity, legality or enforceability hereof, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by law. Headings. The section headings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. Attorney’s Fees. In a dispute concerning this Agreement, the prevailing party shall be entitled to attorney’s fees, together with expenses and costs incurred in connection with such enforcement. No Custom. It is expressly understood and agreed that, there being no expectation of the contrary between the parties, no usage of trade or custom and practice within the industry, and no regular practice or method of dealing between the parties, will be used to modify, interpret, supplement or alter in any manner the express terms of this Agreement. Waiver. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. Relationship to Parties. Nothing in this Agreement shall be deemed to create a partnership, joint venture, franchise, representative, agency or employment relationship between the parties. Neither party to this Agreement shall have authority, express or implied, to act for or bind or otherwise obligate the other in any manner whatsoever. Persons retained by a party as employees or agents shall not be deemed to be employees or agents of the other party. Choice of Law; Jurisdiction and Venue. This Agreement shall be governed and interpreted in accordance with the substantive law of the State of Queensland, Australia without regard to its conflict of law provisions. The parties irrevocably submit themselves to the non-exclusive jurisdiction of the State and Federal courts located in Brisbane, Queensland for the purpose of bringing any action that may be brought in connection with this Agreement. The parties agree that they shall not assert any claim that they are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. To the maximum extent permitted by law, the notice provision of this Agreement shall apply to service of process with respect to any action brought under this Agreement. Upon the mutual agreement of both parties, disputes may be settled via arbitration, under the Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations, instead of in the state and federal courts located in Brisbane, Queensland Entire Agreement; Amendment. This Agreement and the Exhibits and other documents incorporated by reference herein, constitute the entire understanding and agreement, and supersede any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this Agreement. With respect to transactions already entered into on the Web Site, this Agreement shall not be altered, amended or supplemented without the prior written consent of the parties. You hereby agree to permit Buttonator.com to amend this Agreement in its sole discretion with respect to your use of the Web Site and transactions entered into on the Web Site from and after the date of such amendment.