TERMS OF SERVICE:

Australian Diggers provides its service to you, subject to the following Terms
of Service (TOS), which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any time. In
addition, when using particular Australian Diggers services, you shall be
subject to any posted guidelines applicable to such services. All such
guidelines are hereby incorporated by reference into the TOS. 
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DESCRIPTION OF SERVICE:

Australian Diggers currently provides users with access to a specific collection
of on-line resources, including, various communications tools, online forums, photographic galleries, polls, web logs, personalised content and branded programming. Unless
explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new Australian Diggers properties,
shall be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that Australian Diggers assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalisation settings. In order to use the Service, you
must obtain access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or other access
device. Please be aware that Australian Diggers has created certain areas on the
site that contain mature content. You must be at least 15 years of age to access
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YOUR REGISTRATION OBLIGATIONS:

In consideration of use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
service's registration form and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or Australian Diggers has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Australian Diggers has the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof). Australian Diggers is concerned
about the safety and privacy of all its users, particularly children. For this
reason, parents of children under the age of 18 who wish to allow their children
access to the Service must approve such access. When you create an Australian
Diggers membership account, you certify that you are at least 18 years old OR
that you are the legal guardian of the child/children listed on the Australian
Diggers membership account. By adding a child to your Australian Diggers
Account, you also give your child permission to access all of the Services
including, email, message boards, clubs, instant messages and chat (among
others). Please remember that the Service is designed to appeal to a broad ,
mature audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content (as defined in Section 6
below) are appropriate for your child.   
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AUSTRALIAN DIGGERS PRIVACY POLICY:

Pursuant to Australian Diggers' privacy policy, we may disclose to third parties
certain aggregate information contained in your Registration Data or related
data, provided that, such information will NOT include personally identifying
information, except as specifically authorised by you or in the good faith
belief that such action is reasonably necessary to comply with the law, legal
process, or to enforce the TOS. For more information, please see our full
privacy policy.  <o:p>
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MEMBER ACCOUNT, PASSWORD AND SECURITY:

You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Australian Diggers of any unauthorised use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Australian Diggers cannot and will not
be liable for any loss or damage arising from your failure to comply with this
Section 5.  <o:p>
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MEMBER CONDUCT:

You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content",
whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not
Australian Diggers, are entirely responsible for all Content that you upload,
post, email or otherwise transmit via the Service. Australian Diggers does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Australian Diggers 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 or otherwise transmitted via the Service.
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YOU AGREE TO NOT USE THE SERVICE TO:

Upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libellous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; harm people in any way; impersonate any person or
entity, including, but not limited to, an Australian Diggers administrator,
moderator, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; forge headers or
otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service; upload, post, email or otherwise transmit any
Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); upload, post, email or
otherwise transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any
unsolicited or unauthorised advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas that are
designated for such purpose; upload, post, email or otherwise transmit any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; disrupt the
normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; intentionally or unintentionally violate any
applicable local, state, national or international law, including, but not
limited to, any rules of any national or other securities exchange, including,
without limitation, the Australian Stock Exchange, and any regulations having
the force of law; "stalk" or otherwise harass another; or collect or
store personal data about other users. <o:p>
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SPECIAL ADMONITIONS FOR INTERNATIONAL USE:

Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from Australia or the country in which you reside. 
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CONTENT SUBMITTED TO AUSTRALIAN DIGGERS:

Australian Diggers owns Content you submit, unless we specifically tell you
otherwise before you submit it. You license the Content to Australian Diggers as
set forth below for the purpose of displaying and distributing such Content on
our network of properties and for the promotion and marketing of our services.
By submitting Content to any Australian Diggers property, you automatically
grant, or warrant that the owner of such Content has expressly granted,
Australian Diggers the royalty-free, perpetual, irrevocable, non-exclusive and
fully sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed. You
acknowledge that Australian Diggers does not pre-screen Content, but that
Australian Diggers and its designees shall have the right (but not the
obligation) in their sole discretion to refuse, edit, move or remove any Content
that is publicly available via the Service. Without limiting the foregoing,
Australian Diggers and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
Australian Diggers or submitted to Australian Diggers, including without
limitation information in Australian Diggers Message Boards, Australian Diggers
Clubs, and in all other parts of the Service. 
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INDEMNITY:

You agree to indemnify and hold Australian Diggers, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your Content, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation of
any rights of another.  <o:p>
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NO RESALE OF SERVICE:

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.  <o:p>
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GENERAL PRACTICES REGARDING USE AND STORAGE:

You acknowledge that Australian Diggers may establish general practices and
limits concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on Australian Diggers
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that Australian Diggers has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that
Australian Diggers reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that Australian Diggers
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice. 
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MODIFICATIONS TO SERVICE:

Australian Diggers reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Australian Diggers shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.  <o:p>
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TERMINATION:

You agree that Australian Diggers, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if Australian Diggers believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
Australian Diggers may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
Australian Diggers may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that Australian Diggers shall not
be liable to you or any third-party for any termination of your access to the
Service.  <o:p>
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DEALINGS WITH ADVERTISERS:

Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Australian Diggers shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service. 
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LINKS:

The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Australian Diggers has no control over such
sites and resources, you acknowledge and agree that Australian Diggers is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Australian Diggers shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource. 
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AUSTRALIAN DIGGERS PROPRIETARY RIGHTS:

You acknowledge and agree that the Service and any necessary software used in
connection with the Service contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorised by Australian Diggers or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
Australian Diggers grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorised access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Australian Diggers
for use in accessing the Service.  <o:p>
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT: <o:p>
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AUSTRALIAN DIGGERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. <o:p>
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AUSTRALIAN DIGGERS MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. <o:p>
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. <o:p>
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Australian Diggers OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 
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LIMITATION OF LIABILITY: <o:p>
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT Australian
Diggers SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Australian Diggers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 
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EXCLUSIONS AND LIMITATIONS: <o:p>
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17
AND 18 MAY NOT APPLY TO YOU.  <o:p>
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SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS:

If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service
is provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. Australian Diggers shall
not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information. 
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NOTICE:

Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service. 
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TRADEMARK INFORMATION:

Australian Diggers, the Australian Diggers logo, trademarks and service marks,
and other Australian Diggers logos and product and service names are trademarks
of Australian Diggers (the "Australian Diggers Marks", wholly owned
and copyrighted works of Michael and Kay Wass. Without Australian Diggers prior
permission, you agree not to display or use in any manner, the Australian
Diggers Marks.  <o:p>
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COPYRIGHTS and COPYRIGHT AGENTS:

Australian Diggers respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide Australian Diggers
Copyright Agent the following information: An electronic or physical signature
of the person authorised to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been
infringed; a description of where the material that you claim is infringing is
located on the site; your address, telephone number, and email address; a
statement by you that you have a good faith belief that the disputed use is not
authorised by the copyright owner, its agent, or the law; a statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorised to act on the
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GENERAL INFORMATION:

The TOS constitute the entire agreement between you and Australian Diggers and
govern your use of the Service, superceding any prior agreements between you and
Australian Diggers. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and Australian
Diggers shall be governed by the laws of the State of Western Australia without
regard to its conflict of law provisions. You and Australian Diggers agree to
submit to the personal and exclusive jurisdiction of the courts located within
the state of Western Australia. The failure of Australian Diggers to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavour to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TOS are for convenience only and have
no legal or contractual effect.  <o:p>
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VIOLATIONS:

Please report any violations of the TOS to our administrators. 
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