PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this Website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Online Privacy Statement will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This Website is owned and operated by Sports Ignition PTY LTD (referred to as Sports Ignition, "we," "us," or "our" herein). Except as otherwise permitted by these Terms of Use, no material from this Website or any Website owned, operated, licensed or controlled by Sports Ignition may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Sports Ignition, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of Sports Ignition. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.
ACCOUNTS
You may be required to create an account and specify a password to use certain features on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. You agree to indemnify and hold harmless Sports Ignition for losses incurred by Sports Ignition or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
USE OF WEBSITE
Impersonation of others, including a Sports Ignition employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others for any other commercial online service or other organization.
You may not without the prior written permission of Sports Ignition, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this Website without the prior written consent of Sports Ignition.
ACTIVITIES PROHIBITED ON THE WEBSITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. Sports Ignition reserves the right to investigate and take appropriate legal action against anyone who, in Sports Ignition's sole discretion, engages in any of the prohibited activities.
Prohibited activities include - but are not limited to - the following:
- Using the Website for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Sports Ignition in its sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as determined by Sports Ignition in its sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting URLs to external websites or any form of HTML or programming code;
- Posting anything that may be "spam," as determined by Sports Ignition in its sole discretion;
- Impersonating another person when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of Sports Ignition, exposes Sports Ignition or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
- Encouraging other people to engage in any prohibited activities as described herein.
Sports Ignition reserves the right - but is not obligated - to do any or all of the following:
- Investigate an allegation that any Content posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
- Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
- Terminate a user's access to the Website upon any breach of these Terms of Use;
- Monitor, edit, or disclose any Content on the Website; and
- Edit or delete any Content posted on the Website, regardless of whether such Content violates these standards.
THIRD-PARTY COPYRIGHTS
If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this web Website by contacting Sports Ignition as set forth below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
Sports Ignition
PO Box 442
Mitcham, VIC 3132
Australia
In an effort to protect the rights of copyright owners, Sports Ignition maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
INTELLECTUAL PROPERTY
All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Sports Ignition or its suppliers and is protected by copyright laws. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Sports Ignition enforces its intellectual property rights to the fullest extent of the law.
WARRANTY DISCLAIMER
This Website and the materials and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Sports Ignition disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sports Ignition does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Sports Ignition does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not Sports Ignition) assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Sports Ignition be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of the Widgets or products, even if Sports Ignition or authorized representatives of Sports Ignition have been advised of the possibility of such damages. In no event shall Sports Ignition's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.
INDEMNIFICATION
As a condition of use of this Website, you agree to indemnify, defend, and hold harmless Sports Ignition, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
TYPOGRAPHICAL ERRORS
In the event that a product sold is mistakenly listed at an incorrect price, Sports Ignition reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sports Ignition shall issue a credit to your credit card account.
