(a) All text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content contained on the Site is owned, controlled or licensed by or to Sport Products.
3. YOUR USE OF THE SITE
(a) May not use any automatic device, program, or methodology or similar or equivalent manual process to assess, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information available through the Site.
(b) Agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site.
4. SPORT PRODUCTS OBLIGATIONS
(a) Sport Products’ obligations, if any, with regard to its products and all services are governed solely by agreements pursuant to which they are provided, and nothing on this Site should be construed to alter those agreements.
(b) Sport Products may change any products offered on the Site or to the applicable prices for any products at any time, without notice.
(c) The materials on the Site with respect to the products may be out of date, and Sport Products makes no commitment to update the materials on the Site with respect to those products.
5. INTELLECTUAL PROPERTY
(a) Sport Products is the owner of Intellectual Property including but not limited to trade marks, patents, designs, copyright, know-how, confidential information, whether registered or unregistered.
(a) All Content on this Site is owned by Sport Products.
(b) We grant you a worldwide non-exclusive royalty free licence to:
(i) View this Site and the Content on this Site on a computer or mobile device via web browser;
(ii) Copy and store this Site and the Content on this Site in your web browser chache memory; and
(iii) Print pages from this website for your own personal and noncommercial use.
(c) You must not in any way or form, use or copy and store Content from this Site for commercial purposes. Sport Products will enforce its rights against any prohibited use by You, vigorously.
(d) Sport Products reserves all other rights.
(e) You may request permission to use the copyright Content on this Site by writing to email@example.com or 10 Enmore Street, North Geelong,
Victoria 3215 Australia.
7. TRADE MARKS
(a) Sport Products is the registered proprietor of various trade marks including ALINE, ALINE (Logo), SHAPE Device in Australia and other jurisdictions around the world.
(b) You agree and acknowledged the validity of value of Sport Products’ Trade Marks and undertake not to directly or indirectly take any action, or assist any person to take any action which would or might:
(i) Invalidate or put in dispute Sport Products’ title for the Trade Marks;
(ii) Detract from the value of the Trade Marks;
(iii) Oppose any application for registration or invalidate any registration of any Trade Marks in the name of Sport Products;
(iv) If the Trade Mark is or becomes registered, support an application to remove the Trade Mark as a registered Trade Mark.
(v) You agree not to register, attempt to register or use any Trade Mark which is, substantially identical with or deceptively similar to Sport
Products Trade Marks; or
(vi) Register, attempt to register or use any intellectual property rights
which is substantial identical or deceptively similar to Sport Products
(a) Sport Products takes the protection of its intellectual property very seriously.
(b) If we discover that you have used our intellectual property including any trade marks, copyright, patents or any other intellectual property, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using the intellectual property. You may also be ordered to pay our legal costs.
firstname.lastname@example.org or by post to 10 Enmore Street, North Geelong, Victoria 3215 Australia.
(d) If you become aware of any material on our Site that you believe infringes your or any other person’s intellectual property, please report this by email to email@example.com or by post to 10 Enmore Street, North Geelong, Victoria 3215 Australia.
10. LINKS TO OTHER SITES AND TO THE SPORT PRODUCTS SITE
This Site may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. These Linked Sites are not under Sport Products’ control, and Sport Products is not responsible for, and does not endorse the content of these Linked Sites, including any information or material contained on those Linked Sites. You will need to make your own independent judgement regarding your interaction with these Linked Sites.
(a) Sport Products does not promise that the Site or any content or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use or the Site will provide specific results.
(b) The Site and its content are delivered on an “as is” and “as available” basis. All information provided on the Site is subject to change without notice.
(c) Sport Products cannot ensure that any file or other data from the Site will be free of viruses or contamination or destructive features.
(d) To the maximum extent permitted by law, Sport Products, excludes all representations, warranties and conditions relating to this Site and the use of this Site including without limitation any warranties implied by law of a satisfactory quality, fitness for purpose and for the use of reasonable care and skill.
12. LIMITATIONS AND EXCLUSIONS OF LIABILITY
(i) Limit or exclude Sport Products or your liability for death or personal injury resulting from negligence;
(ii) Limit or exclude Sport Products’ your liability for fraud or fraudulent misrepresentation;
(iii) Limit any of Sport Products’ or your liabilities in any way that it is not permitted under applicable law;
(iv) Exclude any of our or your liabilities that may not be excluded under applicable law.
(ii) To the extent that the Site and the Content on the Site are provided free of charge, Sport Products will not be liable for any loss or damage
of any nature.
(iii) Sport Products will not liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
(iv) Sport Products will not be liable to you in respect of any business losses, including by without limitation to loss of or damage to profits,
income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(v) Sport Products will not be liable to you in respect of any loss or corruption of any data, database or software.
(vi) Sport Products will not be liable to you in respect of any special, indirect or consequential loss or damage.
You agree to indemnify and hold Sport Products it’s officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitor fees), made against Sport Products by any third party due to or arising out of in connection with your use of the Site.
15. ENTIRE AGREMENT
16. LAW AND JURISDICTION
17. OUR DETAILS
This Site is registered to Sport Products (Australia) Pty Ltd ACN 059 488 783. Our registered address is 10 Enmore Street, North Geelong Victoria 3215. You can contact us by email at firstname.lastname@example.org.
18. FEED BACK AND INFORMATION
Any feedback you provide at the Site is deemed to be non-confidential. Sport Products is free to use this information on an unrestricted basis.