In using this website you are deemed to have read and agreed to the following terms and conditions:

Overview

These Terms and Conditions govern the use of Freestyle BMX Australia (www.freestylebmx.com.au, www.brisbanebmx.com, www.brisbanebmx.net) ("the website"). The website is owned and operated by clintdesign (ABN 86 812 631 987). Should you have any questions, please contact clintdesign at clint@freestylebmx.com.au.

Freestyle BMX Australia is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with other individuals that share their interest in the sport of Freestyle BMX.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Freestyle BMX Australia Services. By using the Freestyle BMX Australia Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Freestyle BMX Australia Website) or you are a "Member" (which means that you have registered with Freestyle BMX Australia). The term "User" refers to a Visitor or a Member. You are only authorized to use the Freestyle BMX Australia Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Freestyle BMX Australia Website and discontinue use of the Freestyle BMX Australia Services immediately. If you wish to become a Member, communicate with other Members and make use of the Freestyle BMX Australia Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Freestyle BMX Australia's policy for acceptable use of the Freestyle BMX Australia Services and Content posted on the Freestyle BMX Australia Website, your rights, obligations and restrictions regarding your use of the Freestyle BMX Australia Services and Freestyle BMX Australia's Privacy Policy. In order to participate in certain Freestyle BMX Australia Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Freestyle BMX Australia Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Freestyle BMX Australia may modify this Agreement from time to time and such modification shall be effective upon posting by Freestyle BMX Australia on the Freestyle BMX Australia Website. You agree to be bound to any changes to this Agreement when you use the Freestyle BMX Australia Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Freestyle BMX Australia and that you provide to other Users. Your Freestyle BMX Australia profile may not include the following items: telephone numbers, street addresses and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Freestyle BMX Australia Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Freestyle BMX Australia assumes no responsibility or liability for this material. If you become aware of misuse of the Freestyle BMX Australia Services by any person, please contact clint@freestylebmx.com.au.

Freestyle BMX Australia reserves the right, in it's sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Freestyle BMX Australia Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Use of and Membership in the Freestyle BMX Australia Services is void where prohibited. By using the Freestyle BMX Australia Services, you represent and warrant that:

  • (a) all registration information you submit is truthful and accurate;
  • (b) you will maintain the accuracy of such information;
  • and (d) your use of the Freestyle BMX Australia Services does not violate any applicable law or regulation.

Term of agreement

This Agreement shall remain in full force and effect while you use the Freestyle BMX Australia Services or are a Member. You may terminate your Membership at any time, for any reason, by clicking the "Delete" button located above your profile details on your profile page. If you choose to terminate your membership, only your profile, favs and subscriptions will be deleted automatically, any other content you have added to will remain. You can request that all of your content be removed from The website by contacting clint@freestylebmx.com.au. Freestyle BMX Australia may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Password

When you sign up to become a Member, you will be issued with a randomly generated password. You have the ability to change this password at any time and you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Freestyle BMX Australia immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial use by Members

The Freestyle BMX Australia Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Freestyle BMX Australia. Illegal and/or unauthorized use of the Freestyle BMX Australia Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Freestyle BMX Australia Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Freestyle BMX Australia Services.

Proprietary Rights in Content on Freestyle BMX Australia

Freestyle BMX Australia does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Freestyle BMX Australia Services. After posting your Content to the Freestyle BMX Australia Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Freestyle BMX Australia Services, you hereby grant to Freestyle BMX Australia a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Freestyle BMX Australia Services.

Without this license, Freestyle BMX Australia would be unable to provide the Freestyle BMX Australia Services. For example, without the right to modify Member Content, Freestyle BMX Australia would not be able to digitally compress video files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Freestyle BMX Australia could not allow Users to view the videos posted by Members. The license you grant to Freestyle BMX Australia is non-exclusive (meaning you are free to license your Content to anyone else in addition to Freestyle BMX Australia), fully-paid and royalty-free (meaning that Freestyle BMX Australia is not required to pay you for the use on the Freestyle BMX Australia Services of the Content that you post), sub licensable (so that Freestyle BMX Australia is able to use it's affiliates and subcontractors such as Internet content delivery networks to provide the Freestyle BMX Australia Services), and worldwide (because the Internet and the Freestyle BMX Australia Services are global in reach). This license will terminate at the time you remove your Content from the Freestyle BMX Australia Services. The license does not grant Freestyle BMX Australia the right to sell your Content, nor does the license grant Freestyle BMX Australia the right to distribute your Content outside of the Freestyle BMX Australia Services.

You represent and warrant that:

  • (i) you own the Content posted by you on or through the Freestyle BMX Australia Services or otherwise have the right to grant the license set forth in this section, and
  • (ii) the posting of your Content on or through the Freestyle BMX Australia Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Freestyle BMX Australia Services.
  • The Freestyle BMX Australia Services contain Content of Freestyle BMX Australia ("Freestyle BMX Australia Content"). Freestyle BMX Australia Content is protected by copyright, trademark, patent, trade secret and other laws, and Freestyle BMX Australia owns and retains all rights in the Freestyle BMX Australia Content and the Freestyle BMX Australia Services. Freestyle BMX Australia hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Freestyle BMX Australia Content (excluding any software code) solely for your personal use in connection with viewing the Freestyle BMX Australia Website and using the Freestyle BMX Australia Services
  • The Freestyle BMX Australia Services contain Content of Users and other Freestyle BMX Australia licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Freestyle BMX Australia Services.
  • Freestyle BMX Australia may delete any Content that in the sole judgment of Freestyle BMX Australia violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Freestyle BMX Australia assumes no responsibility for monitoring the Freestyle BMX Australia Services for inappropriate Content or conduct. If at any time Freestyle BMX Australia chooses, in it's sole discretion, to monitor the Freestyle BMX Australia Services, Freestyle BMX Australia nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Content Posted.

You are solely responsible for the Content that you post on or through any of the Freestyle BMX Australia Services, and any material or information that you transmit to other Members and for your interactions with other Users. Freestyle BMX Australia does not endorse and has no control over the Content. Content is not necessarily reviewed by Freestyle BMX Australia prior to posting and does not necessarily reflect the opinions or policies of Freestyle BMX Australia. Freestyle BMX Australia makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Freestyle BMX Australia Services. Freestyle BMX Australia reserves the right to investigate and take appropriate legal action against anyone who, in Freestyle BMX Australia's sole discretion, violates this provision, including without limitation, removing the offending communication from the Freestyle BMX Australia Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Freestyle BMX Australia:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploit's people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicit's personal information from anyone under 18;
  • provides any telephone numbers, street addresses or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicit's passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent

Activity Prohibited

The following is a partial list of the kind of activity that is illegal or prohibited on the Freestyle BMX Australia Website and through your use of the Freestyle BMX Australia Services. Freestyle BMX Australia reserves the right to investigate and take appropriate legal action against anyone who, in Freestyle BMX Australia's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any Member to buy or sell any products or services through the Freestyle BMX Australia Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Freestyle BMX Australia Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Freestyle BMX Australia reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Freestyle BMX Australia deems appropriate in it's sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Freestyle BMX Australia Services, you acknowledge that you will have caused substantial harm to Freestyle BMX Australia, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Freestyle BMX Australia $50 for each such unsolicited email or other unsolicited communication you send through the Freestyle BMX Australia Services;
  • using HTML/CSS to deface, break or otherwise alter the appearance or any part of Freestyle BMX Australia
  • any automated use of the system, such as using scripts to add subscribers or comments or to send private messages;
  • interfering with, disrupting, or creating an undue burden on the Freestyle BMX Australia Services or the networks or services connected to the Freestyle BMX Australia Services;
  • attempting to impersonate another Member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from the Freestyle BMX Australia Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Freestyle BMX Australia Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
  • using the Freestyle BMX Australia Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Freestyle BMX Australia to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Freestyle BMX Australia by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Freestyle BMX Australia Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • (ii) a description of the copyrighted work that you claim has been infringed;
  • (iii) a description of where the material that you claim is infringing is located on the Freestyle BMX Australia Services;
  • (iv) your address, telephone number, and email address;
  • (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, it's agent, or the law;
  • (vi) 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 authorized to act on the copyright owner's behalf. Freestyle BMX Australia's Copyright Agent for notice of claims of copyright infringement can be reached at clint@freestylebmx.com.au.

Member Disputes

You are solely responsible for your interactions with other Freestyle BMX Australia Members. Freestyle BMX Australia reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

We are committed to protecting your privacy. The information collected from individual members is regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all personal information we keep, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

When creating a members account, you are required to provide your real first name, last name and a valid email address, these details are required to verify your identity.

We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Freestyle BMX Australia will only be in connection with the provision of agreed services and products.

Disclaimers

Freestyle BMX Australia is not responsible for any incorrect or inaccurate Content posted on the Freestyle BMX Australia Website or in connection with the Freestyle BMX Australia Services, whether caused by Users of the Freestyle BMX Australia Services or by any of the equipment or programming associated with or utilized in the Freestyle BMX Australia Services.

Profiles created and posted by Members on the Freestyle BMX Australia Website may contain links to other websites. Freestyle BMX Australia is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Freestyle BMX Australia. Inclusion of any linked website on the Freestyle BMX Australia Services does not imply approval or endorsement of the linked website by Freestyle BMX Australia. When you access these third-party sites, you do so at your own risk.

Freestyle BMX Australia takes no responsibility for third party advertisements which are posted on this Freestyle BMX Australia Website or through the Freestyle BMX Australia Services, nor does it take any responsibility for the goods or services provided by it's advertisers.

Freestyle BMX Australia is not responsible for the conduct, whether online or offline, of any User of the Freestyle BMX Australia Services.

Freestyle BMX Australia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.

Freestyle BMX Australia is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Freestyle BMX Australia Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Freestyle BMX Australia Services.

Under no circumstances shall Freestyle BMX Australia be responsible for any loss or damage, including personal injury or death, resulting from use of the Freestyle BMX Australia Services, attendance at a Freestyle BMX Australia event, from any Content posted on or through the Freestyle BMX Australia Services, or from the conduct of any Users of the Freestyle BMX Australia Services, whether online or offline.

The Freestyle BMX Australia Services are provided "AS-IS" and as available and Freestyle BMX Australia expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

Freestyle BMX Australia cannot guarantee and does not promise any specific results from use of the Freestyle BMX Australia Services.

Limitation on Liability

IN NO EVENT SHALL Freestyle BMX Australia BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Freestyle BMX Australia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Freestyle BMX Australia'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Freestyle BMX Australia FOR THE Freestyle BMX Australia SERVICES DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving the Freestyle BMX Australia Services, you agree that the dispute shall be governed by the laws of the State of Queensland, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of Queensland, City of Brisbane.

Indemnity

You agree to indemnify and hold Clint Sibbald and his respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Freestyle BMX Australia Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Freestyle BMX Australia Website or through the Freestyle BMX Australia Services causes Clint Sibbald to be liable to another.

Other

Agreement is accepted upon your use of the Freestyle BMX Australia Website or any of the Freestyle BMX Australia Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Freestyle BMX Australia regarding the use of the Freestyle BMX Australia Services. The failure of Freestyle BMX Australia to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.