Freestyle BMX Australia Community

Terms and conditions

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

General terms and conditions

Overview

These Terms and Conditions govern the use of Freestyle BMX Australia ("the website"). The website is owned and operated by Clint Sibbald (ABN 86 812 631 987). Should you have any questions, please contact Clint Sibbald 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) a "Member" (which means that you have registered with Freestyle BMX Australia), Seller (which means you are posting a for sale listing or responding to a wanted listing) or Buyer (which means you are posting a wanted listing or responding to a for sale listing). The term "User" refers to a Visitor, Member, Seller or Buyer. You are only authorised 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 Users 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. You may not post any of the following content: 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 Users (for instance, in their listings) 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 (c) 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 modifying your profile, checking "I want to delete my account" and clicking the "Update" button. If you choose to terminate your membership, only your account details and subscriptions will be deleted automatically, you must contact clint@freestylebmx.com.au if you wish for all of your posted content to be deleted. 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 unauthorised 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 Users

The Freestyle BMX Australia Services are for the personal use 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 unauthorised use of the Freestyle BMX Australia Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised 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 and listings without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorised 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 User Content, Freestyle BMX Australia would not be able to digitally compress video files that Users submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform User 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:

• 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
• 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 Users 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 Users.

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;
• 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 unauthorised 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;
• you may not transmit any chain letters or junk email to other Users. 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 User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Freestyle BMX Australia reserves the right to restrict the number of emails which a User may send to other Users 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 account;
• using any information obtained from the Freestyle BMX Australia Services in order to harass, abuse, or harm another person;
• displaying a commercial advertisement in your listing, 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 or listings with a commercial purpose, 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:

• 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 Freestyle BMX Australia Services;
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, it's 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 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.

User Disputes

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

Privacy

We are committed to protecting your privacy. The information collected from individual Users 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.

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.

Classifieds specific terms and conditions

Freestyle BMX Australia's intention is to provide an online environment that is secure for all Users. However, because Freestyle BMX Australia is not involved in the sale transaction between buyer and seller, Freestyle BMX Australia cannot be held accountable, or take any responsibility for a sale and/or transaction.

Disputes between buyers and sellers

Freestyle BMX Australia is not liable for any disputes that may arise, nor does it take any responsibility for any requests for refunds, as this responsibility lies entirely with the seller.

Users' responsibility to resolve disputes

If a dispute does arise between buyer and seller, the responsibility for resolution of the issue rests solely with the buyer and seller.

Communication between Users

Any disputes that arise during the sale and transaction process may be resolved quickly and efficiently via open communication between the buyer and seller. If a User has any questions complaints, or issues regarding a sale and/or transaction, they must direct their queries to the other party.

Unresolved issues between Users
If a problem cannot be resolved following direct communication and negotiation between the buyer and seller, a dispute may be raised by either party with Freestyle BMX Australia.

Raising a dispute

While Freestyle BMX Australia will endeavour to help Users involved in the dispute by assisting them to reach a mutually agreeable outcome, Freestyle BMX Australia will, at all times, remain neutral throughout the entire dispute.

Some actions that Freestyle BMX Australia may take following the outcome of a dispute between a buyer and seller include:

• issuance of a warning;
• cancellation of listing(s) (without notice);
• restriction of account privileges (limitations on account privileges limits may be placed on an account in advance of suspension);
• suspension of an account; and/or
• termination of an account;

If required, Freestyle BMX Australia will comply with any investigations by law enforcement agencies.

Role of the Seller

Selling items on Freestyle BMX Australia is done so solely at your own risk. Furthermore, any transactions or contact with other Users of Freestyle BMX Australia is conducted entirely at your own risk.

Complying with selling requirements

Complying with the requirements listed below will significantly reduce the likelihood of buyer dissatisfaction, and subsequently will minimise the likelihood of any disputes arising. Furthermore, compliance will also ensure that the transaction is completed in a timely manner.

• Ad details.
  Responsibility for details that appear in a listing on Freestyle BMX Australia rest solely with the seller. The seller must ensure that the listing details (heading, text description and photographs) accurately represent the item for sale. False, misleading, or inaccurate descriptions will likely lead to buyer dissatisfaction and subsequently delay completion of the transaction.
• Complying with law.
  It is the seller's responsibility to ensure that items they list do not violate any law. Any known breach will result in Freestyle BMX Australia removing the listing from the website.
• Complying with the Intellectual Property Rights of Third Parties.
  The seller must ensure that the listed item does not breach any copyright, trademark or other intellectual property rights of a third party. Any known breach will result in Freestyle BMX Australia removing the listing from http://www.freestylebmx.com.au/.
• Honouring the Transaction Contract (Supplying the Item described in the listing)
  Listing an item is a commitment to sell/swap. The seller cannot fail to deliver an item after payment has been accepted. The seller must not refuse to accept payment for an item after the buyer has made a commitment to purchase. The seller may not withdraw an item because it has not achieved the price expected. The seller must send the described item to the buyer in a timely manner.
• Ensuring that an Item is not listed multiple times.
  Sellers must not list multiple listings for the same item to Freestyle BMX Australia. See Rules for listings.

Seller's responsibilities

In the event that a dispute does occur, the seller must comply with the following:

• Communication with the buyer.
  Disputes can be resolved quickly and efficiently via open communication with the buyer. Any question, complaints or issues regarding a sale and/or transaction must be directed to the relevant buyer.
• Ethical Conduct.
  While communicating with the buyer, the seller must not enter into behaviour that is deemed to be defamatory, libellous, offensive, threatening, harassing or profane.
• Confidentiality.
  The seller must not use any contact details of the buyer (addresses, email addresses, phone numbers or other information capable of personally identifying the buyer) outside of this dispute process.
• Refunds.
  The responsibility for any refund rests solely with the seller.

Role of the Buyer

Buying on Freestyle BMX Australia is done so solely at your own risk. Transactions and any contact between you and other Users of Freestyle BMX Australia are conducted entirely at your own risk. The details displayed on Freestyle BMX Australia are provided for informational purposes only, and does not constitute an endorsement by Freestyle BMX Australia of any listing or User.

Complying with buying requirements (as above)

Complying with the following requirements will reduce the likelihood of seller dissatisfaction, and subsequently will minimise the likelihood of disputes arising. Furthermore, compliance will also ensure that the transaction is completed in a timely manner.

• Honouring the Transaction Contract (Payment).
  A contract of sale will be formed immediately between the buyer and the seller once the buyer makes a commitment to purchase. This commitment is binding, and consequently, buyers must pay for the items that they commit to purchase in a timely manner.
• Complying with law.
  It is the buyer's responsibility to ensure that any items purchased do not violate any law.

Buyer responsibilities

During the dispute,process the following behaviours are expected of the buyer

• Communication with the Seller.
  Disputes can be resolved quickly and efficiently via open communication with the seller.
• Ethical Conduct.
  While communicating with the seller, buyers must not enter into behaviour that is deemed to be defamatory, libellous, offensive, threatening, harassing or profane.
• Confidentiality.
  The buyer must not use any contact details of the seller (addresses, email addresses, phone numbers or other information capable of personally identifying the seller) outside of the dispute process.

Buyers must be aware that the responsibility for any refund rests solely with the seller.

Rules for listings

These rules tell you what you can and can't put into your listing, including titles, descriptions, photos and other extra details, such as payment and delivery information.

Ad titles and descriptions

• Cannot begin with "Aaa"
• Cannot contain all UPPERCASE letters

Joining words together in your listing titles and descriptions is prohibited. Freestyle BMX Australia reserves the right to cancel or alter a listing where words have been combined or altered inappropriately.

Contact details

All listings must contain accurate contact details. You should provide your full name and either your email address or phone number. Email addresses are published directly on the site however contact messages from buyers will be sent to your email.

If you are a Member, your listing's contact details will be populated automatically from your member account details. Therefore if you change your account details all of your active listings will be updated automatically.

HTML content

Listings must not contain any of the following:

• Certain types of HTML and all scripting (eg JavaScript, XML, PHP, ASP etc)
• Applets, forms, executable files or active content
• Video, sound and animations
• Direct links to downloadable files
• Inputs from Microsoft Word or PowerPoint
• Links to external CSS, storefronts or websites that offer services or goods for sale
• Dynamic scripting languages (eg Flash, XML, CGI and PHP)

Pricing

Any pricing information must be placed in the "Price/Swap for" or "Will pay/Swap for" field.

You must not include pricing information within listing titles or descriptions.

This includes:

• $ symbol followed by numbers, eg. $27.95
• $ & ¢ written as words, eg. twenty dollars fifty cents
• numbers written as words, eg. twenty, three, thousand.
• references to "Price on Application" or the abreviation "POA"

Prohibited items or activities

Listings and advertisements on Freestyle BMX Australia Listings not directly related to BMX (racing or freestyle) are prohibited and will be removed without notice.

Offensive language

You must not use offensive language or profanities. Freestyle BMX Australia may withdraw or alter a listing that contains inappropriate language or information.

Third party intellectual property rights

Listings must not infringe third party intellectual property rights. Infringements include, but are not limited, to the following:

• Copying and displaying a third party's logo, product description, photo either from another seller's listing or from any other source.
• Listing and selling an imitation or copy of a brand name's product.
• Any alleged infringements of the intellectual property rights of a third party will result in the removal of the listing from Freestyle BMX Australia.

References to third party organisations and websites

Sellers must not make reference to sales or advertising with third party organisations or websites that offer to trade, sell or purchase goods or services outside of Freestyle BMX Australia.

Listings must not misrepresent items

The item must be described accurately and honestly in the listing.

Misrepresentation can include:

• Placing listings in inappropriate categories
• entering keywords in the title or description that do not appropriately describe the item
• identifying an inaccurate location of the item.

Intent to sell/swap

Sellers must be prepared and willing to sell/swap their item at the time of placing their listing. They must not advertise an item which is not intended to sell/swap.

Commercial listings

Listings Freestyle BMX Australia on are for private sellers only. Any listing found to be of a commercial nature will be removed without notice.

Advertising multiple items in one listing

As a general guideline, you should only advertise one item per ad and every listing must only have one selling price/swap for.

The advantage of selling only one item in your listing is that buyers will be able to find your item easier when you:

• list each item you are selling under the correct category
• write a listing title that is descriptive and use keywords and phrases that are specific to each individual item.

Multiple listings for identical items

A seller may only create multiple listings for identical items if the items differ in attributes, such as colour and size.

Identical items

You may sell multiple identical items in one listing when you:

• list one selling price as the combined selling price of all items for sale, and
• sell the items all together as one "lot".

Non-identical items

You may sell multiple non-identical items in one listing only if:

• list one selling price as the combined selling price of all items for sale,
• sell the items all together as one "lot", and
• provide details for all items included in the listing.

Freestyle BMX Australia may withdraw your listing if we consider it to be inappropriately advertising multiple items or if the price listed for the multiple items is undervalued.

Breaching these rules and policies

Breaching our listing rules & policies may result in listing cancellation and/or account suspension.

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.

Listings posted 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 unauthorised 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.

Banner advertising terms and conditions

The following terms and conditions are specific to paid commercial banner ads that appear on Freestyle BMX Australia and are in additional to our standard terms and conditions above.

Introduction

The terms are incorporated into each agreement entered into between the online publisher and the customer whether or not the advertising order form or any other document which the customer signs makes reference to these terms.

In this contract the following expressions have the following respective meanings unless the context otherwise requires: "Online publisher" means Clint Sibbald (ABN 86 812 631 987) "Advertiser" means the person or company identified under "Business" on the booking. "Insertion order" means the advertising booking form. "Website" means http://www.freestylebmx.com.au/.

Terms of payment

Advertisers will be invoiced after their booking has been approved. Payment shall be made in full prior to the "start date" of the advertiser's program, as specified in the insertion order. All payments to the online publisher hereunder shall be made in Australian dollars and shall be exclusive of GST. In the event of any failure by the advertiser to make payment, the advertiser will be responsible for all expenses (including legal fees) incurred by the online publisher in collecting such amounts. In the event of late payment the online publisher reserves the right to suspend the advertisers information posted on the website.

Acceptance

Acceptance of advertising is subject to space availability at the time of receipt of insertion order by the online publisher.

Receipt of email confirmation of an order shall constitute acceptance of these terms & conditions of the contract.

Advertisers Representations

The advertiser warrants and represents to the online publisher that:

• it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
• it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher.

The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services. The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.

The online publisher reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice.

The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly.

Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is acknowledged by the online publisher in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of fixed position advertisements, the insertion term may be reduced.

If more than one banner is booked for a specific period the banners will be displayed randomly on each page view unless specified otherwise.

The online publisher is permitted to reschedule the campaign if material is not received by the agreed deadline.

Cancellation Policy

Any campaign can be cancelled without charge up to 7 days before the scheduled start date of the campaign. Cancellation damages of 50% of the advertising contract amount will be due and payable to the online publisher by the advertiser if campaigns are cancelled by the advertiser less than 7 days before the scheduled start date of the campaign.

Approval

All contents of advertisements are subject to online publisher's approval. The online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by the online publisher, or reject any URL link embodied within any advertisement.

Notification of changes

The advertiser must notify the online publisher as soon as is reasonable by email (clint@freestylebmx.com.au) of any inaccuracy or changes that need to be made.

Limitation of Liability

The online publisher will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
• or any loss of goodwill or reputation;
• or any special or indirect or consequential losses;

In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party). Nothing in these terms and conditions shall exclude or limit the online publisher's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees. Subject to the above, the liability of the online publisher in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with above or in the event that the online publisher fails to electronically publish an advertisement, the advertiser's sole remedy and the online publisher's entire liability to the advertiser shall be limited at the online publisher's option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position. The advertiser acknowledges that any website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.

Liability for monies due

The online publisher shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to online publisher for advertising which the advertiser or its agent ordered and which advertising was published and displayed.

Banner requirements

Banners may be rejected if they do not conform to the following requirements.

• All banners must be the exact pixel dimensions specified in the insertion order;
• All banners must have an initial download size of less than 40Kb;
• FLASH banners must accept a clickTAG, see the Adobe website for more information;
• FLASH banners must not emit sound without user interaction;
• FLASH banners may not interact or alter the webpage appearence or functionality in any way
• Banners must not contain elements that flicker rapidly between the ranges of 2Hz and 55Hz which may cause photosensitive epilepsy.

Miscellaneous

No conditions other than those set forth here shall be binding on the online publisher unless specifically agreed to in writing by the online publisher.

The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher.

No conditions other than those set forth in the insertion order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and these terms and conditions, these terms and conditions shall prevail.

All impression tracking will be monitored by our own server. We will provide reports (if requested) of the current page views and banner clicks since the campaign start date for each banner.

These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.

The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions. Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose. These terms and conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.