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Myboot.com.au – Terms of Use

Effective from 1 September 2012

By using Myboot.com.au website (hereinafter referred to as “Myboot”), you accept these Terms of Use. If you do not accept these Terms of use, please do not use this site.

Myboot may change the Terms of Use at any time by posting changes online. Please review these Terms of Use regularly to ensure you are aware of any changes made. Your continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

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

This Agreement includes Myboot's policy for acceptable use of the Myboot Services and Content posted on the Myboot Website, your rights, obligations and restrictions regarding your use of the Myboot Services and Myboot's Privacy Policy. In order to participate in certain Myboot 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 Myboot Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Copyright Policy

All copyright, database rights and other intellectual property rights in all the material on the site including but not limited to site design, structure, page layouts, data, graphical images and underlying software code (collectively the "Content") belong to Myboot or its licensors or third parties. You should note that some of the Content of the site may be subject to restrictions imposed by its owners who licence its use to Myboot.

Myboot respects the intellectual property rights of others and prohibits users from uploading, posting or otherwise transmitting on Myboot Services any materials that violate another party's intellectual property rights. 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. Upon receiving of proper notification of alleged copyright infringement, Myboot will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeated infringers. If you believe that any material on Myboot Services infringes upon any copyright which you own or control, you may send a written notification of such infringement by email at this link. Use of the Myboot Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Terms and Disclaimer

This Agreement shall remain in full force and effect while you use the Myboot Services or are a Member. You may terminate your Membership at any time, for any reason. Myboot may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

OUR WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT IN THIS WEBSITE IS FREE FROM ERRORS OR OMISSION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND ITS CONTENT ARE WITH YOU. SHOULD THE WEBSITE AND ITS CONTENT PROVE DEFECTIVE, INCOMPLETE OR INACCURATE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE FURTHER DO NOT WARRANT OR ACCEPT ANY LIABILITY IN RELATION TO THE QUALITY, OPERABILITY OR ACCURACY OF THE CONTENT IN THIS WEBSITE.

The content is made available on the understanding that we shall have no liability (including but not limited to liability by reason of negligence) to the users of this website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the content and whether caused by reason of any error, omission or misrepresentation in the content or otherwise. Users of this website will be responsible for making their own assessment of the content and should verify all relevant representations, statements and information with their own professional advisers.

Furthermore, whilst the content is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the content. The content may change without notice and we are not in any way liable for the accuracy of any information printed and stored by a user. Changes are periodically added to the content and we may make improvements and/or changes in the content and/or the website at anytime.

We take no responsibility for the accuracy, currency, reliability and correctness of any information included in the content provided by third parties nor for the accuracy, currency, reliability and correctness of links or references to information sources (including Internet sites) outside of this website. In addition to the content, this website may provide links to and from other Internet sites. These external information sources are outside our control and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links.

The search engines provided on this website are to assist Internet users to locate resources more quickly. However, we take no responsibility for the accuracy, currency, reliability and correctness of its search facilities, and does not warrant or represent that the search facilities are free from errors or omission, or that they are exhaustive.

The internet is not a secure medium and communications to and from the website may be intercepted or altered in transit. We do not warrant or represent that this website or any linked sites, are free from anything which may damage any computer used to access the site.

Password

When you sign up to become a Member, you will also be asked to choose a password. 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 Myboot 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.

Donations

Donations are appreciated and will encourage future development of the website. However, due to limited resources, support for our website is limited. Your donation does not entitle you to any support for our products, although we will do our best to help.

Myboot respects your privacy and will not release any of your personal information to anyone. This includes your name, mailing address, email address, etc.

We do not guarantee that we will be able to fix reported bugs or make our website works on your system.

Limited Right to Use

Subject to other third party restrictions such as those outlined above you may access, print and download Myboot Content onto electronic, magnetic, optical or similar storage media provided that:

  1. such activities are for private research, study or in-house use only; and
  2. none of the text or associated images or graphics are modified in any way; and
  3. the text, images and graphics contained therein are not separated from each other in any way; and
  4. no part of the Content is used for any commercial purpose other than for internal use by your company or other legal entity not extending to any display to or use involving (paying or prepaying) customers; and
  5. all activities are conducted manually without the use of automatic software to perform multiple accesses or any other automated processing of the Content. You may not otherwise copy, collect, distribute, or transmit any of the Content and you may never sell or publish any of the Content, without prior written permission. Any request for such permission should in the first instance be addressed to Myboot. To the extent you are permitted to reproduce any Content, you must also include in such copies all copyright, trademark or other proprietary notices contained in the Content.

Proprietary Rights in Content on Myboot

You may not post, transmit, or share the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (or collectively, Content) to Myboot Services that you did not create or that you do not have permission to post. Myboot does not claim any ownership rights in the Content that you post to the Myboot Services. After posting your Content to Myboot 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 Myboot Services, you hereby grant to Myboot a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Myboot Services. Without this license, Myboot would be unable to provide the Myboot Services. For example, without the right to modify Member Content, Myboot would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Myboot could not allow Users to listen to music posted by Members. The license you grant to Myboot is non-exclusive (meaning you are free to license your Content to anyone else in addition to Myboot), fully-paid and royalty-free (meaning that Myboot is not required to pay you for the use on the Myboot Services of the Content that you post), sublicensable (so that Myboot is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Myboot Services), and worldwide (because the Internet and the Myboot Services are global in reach). This license will terminate at the time you remove your Content from the Myboot Services. The license does not grant Myboot the right to sell your Content, nor does the license grant Myboot the right to distribute your Content outside of the Myboot Services.

You represent and warrant that:

  1. you own the Content posted by you on or through Myboot Services or otherwise have the right to grant the license set forth in this section, and
  2. the posting of your Content on or through the Myboot 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 Myboot Services.
  3. you take full responsibility of any implications occur upon the publishing of Content posted by you on or though Myboot Services.

Myboot Services contain Content of Myboot ("Myboot Content"). Myboot Content is protected by copyright, trademark, patent, trade secret and other laws, and Myboot owns and retains all rights in the Myboot Content and the Myboot Services. Myboot hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Myboot Content (excluding any software code) solely for your personal use in connection with viewing Myboot Website and using Myboot Services.

The Myboot Services contain Content from Users and other Myboot 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 Myboot Services.

Content Posted

Myboot may delete any Content that in the sole judgment of Myboot violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Myboot assumes no responsibility for monitoring the Myboot Services for inappropriate Content or conduct. If at any time Myboot chooses, in its sole discretion, to monitor the Myboot Services, Myboot 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.

You are solely responsible for the Content that you post on or through any of the Myboot Services, and any material or information that you transmit to other Members and for your interactions with other Users. Myboot does not endorse and has no control over the Content. Content is not necessarily reviewed by Myboot prior to posting and does not necessarily reflect the opinions or policies of Myboot. Myboot 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/Activity Prohibited

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

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7. 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;
  8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  10. 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;
  11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  13. includes a photograph of another person that you have posted without that person's consent; or
  14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;

Please don't use offensive and abusive language. Be constructive and relevant in your response to postings. Myboot reserves the right to remove any posts that other users may find offensive or that we receive complaints about.

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

  1. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through Myboot 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 Myboot 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, Myboot 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 Myboot deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Myboot Services, you acknowledge that you will have caused substantial harm to Myboot, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Myboot $25 for each such unsolicited email or other unsolicited communication you send through the Myboot Services;
  3. covering or obscuring the banner advertisements on your personal profile page, or any Myboot page via HTML/CSS or any other means;
  4. any automated use of the system, such as using scripts to add friends or send comments or messages;
  5. interfering with, disrupting, or creating an undue burden on the Myboot Services or the networks or services connected to the Myboot Services;
  6. attempting to impersonate another Member or person;
  7. 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;
  8. selling or otherwise transferring your membership or profile;
  9. using any information obtained from the Myboot Services in order to harass, abuse, or harm another person;
  10. 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 Myboot Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
  11. using the Myboot Services in a manner inconsistent with any and all applicable laws and regulations.

Terms of Use for 'Email This Page to Friend'

Any email that you send using this service will be from you and you are responsible for all the contents of it. You agree to use the service to send emails only to people who you, in good faith, believe would like to receive them. You also agree that you will not use the service to:

  1. send email of a commercial nature;
  2. send content that is defamatory, indecent or unlawful;
  3. infringe copyright or other intellectual property rights;
  4. abuse the legal rights of third parties;
  5. violate any applicable laws, codes or regulations; or
  6. create a false identity with the intention of misleading others.

Myboot is under no obligation to send or monitor emails and is not liable in any way for the content of emails sent using this service. Myboot, however, reserves the right to review, remove and edit any email at its sole discretion. Myboot may disclose any information that it deems necessary to satisfy any applicable law, regulation, code, legal process or governmental request.

Disclaimers

Myboot is not responsible or liable for any incorrect or inaccurate Content posted on the Myboot Website or in connection with the Myboot Services, whether caused by Users of the Myboot Services or by any of the equipment or programming associated with or utilized in the Myboot Services. Profiles created and posted by Members on the Myboot Website may contain links to other websites. Myboot 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 Myboot. Inclusion of any linked website on the Myboot Services does not imply approval or endorsement of the linked website by Myboot. When you access these third-party sites, you do so at your own risk. Myboot takes no responsibility for third party advertisements which are posted on this Myboot Website or through the Myboot Services, nor does it take any responsibility for the goods or services provided by its advertisers. Myboot is not responsible for the conduct, whether online or offline, of any User of the Myboot Services. Myboot 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. Myboot 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 Myboot 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 Myboot Services. Under no circumstances shall Myboot be responsible for any loss or damage, including personal injury or death, resulting from use of the Myboot Services, attendance at a Myboot event, from any Content posted on or through the Myboot Services, or from the conduct of any Users of the Myboot Services, whether online or offline. The Myboot Services are provided "AS-IS" and as available and Myboot expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Myboot cannot guarantee and does not promise any specific results from use of the Myboot Services.

Limitation on Liability

IN NO EVENT SHALL MYBOOT OR ITS DIRECTORS, EMPLOYEES OR AGENTS 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 MYBOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYBOOT'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 MYBOOT FOR THE MYBOOT SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold Myboot, its subsidiaries, and affiliates, and their 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 Myboot 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 Myboot Website or through the Myboot Services causes Myboot to be liable to another.

Other

This Agreement is accepted upon your use of the Myboot Website or any of the Myboot Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Myboot regarding the use of the Myboot Services. The failure of Myboot 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.

Myboot may modify this Agreement from time to time and such modification shall be effective upon posting on the Myboot Website. You agree to be bound to any changes to this Agreement when you use the Myboot 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.

Questions

Please contact us at this link with any questions regarding this Agreement.