Welcome to australianfootball.com (AF). The website available at australianfootball.com is owned and operated by australianfootball.com ("australianfootball.com", or "AF", or "site", or "we," or "us"), and is accessed and used by you under this Terms and Conditions agreement ("Terms and Conditions ").
Please read these terms before using the AF website. By accessing and/or using any part of the site or any content or services provided on the site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services on the site.
Australianfootball.com reserves the right, at its sole discretion, to modify or replace the Terms and Conditions at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend the Terms and Conditions, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of the Terms and Conditions as modified.
Australianfootball.com provides services and content relating to the world of Australian football, as described more fully on the site (the "Service"). The Service shall include, but not be limited to, any service and content AF performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content"). AF may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. AF may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You can browse AF and enjoy a great deal of Content without registering as a member. In order to view some Content, post any Content or access certain features of the Service, you must register as a member with AF (which may include connecting to AF through a third-party service) and select a password and screen name ("AF User ID"). You may not select or use as an AF User ID a name that is offensive, vulgar or obscene. AF reserves the right to refuse registration of, or cancel an AF User ID in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your AF password.
You are solely responsible for the activity that occurs on your account. You must notify AF immediately of any breach of security or unauthorized use of your account. Although AF will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of AF or others due to such unauthorized use.
By providing AF your email address (including by connecting to AF through a third-party service) you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. You may opt out or change the frequency of certain email communications from AF by emailing: email@example.com, with the word "No email" in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of certain Service-related notices.
As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by AF.
By way of example, and not as a limitation, you agree not to use the Service:
AF may remove any Content or deactivate any AF account at any time for not adhering to the terms and conditions (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content).
The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes, including the promotion of other services or websites.
To report Terms and Conditions violations, please write to us through the contact us page: http://australianfootball.com/contact, and provide a description of the violation.
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the site or otherwise through the Service (your “User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. AF reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
For the purposes of these Terms and Conditions, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
AF takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. AF is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that AF shall not be liable for any damages you allege to incur as a result of such User Content.
Your User Content includes, without limitation, any blog post you provide via AF, whether by the “Add Your Blog” feature or otherwise. If you choose to share your blog on AF, you acknowledge that in order to authenticate you as the owner of the blog, we may require you to paste a confirmation code into the external template of your blog that authenticates the blog as an authorized feed to the Service and places a badge on your blog identifying you as a AF affiliate. By pasting the confirmation code into your blog template, you consent to post your blog’s content on the Service as User Content and to display the AF Affiliate badge on your blog. You understand and agree that any blog post provided via the Service is subject to the User Content license set forth in these Terms and Conditions, and that your blog posts may have a different appearance when posted on AF than they do on your blog.
We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which AF may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and AF. While AF may reward you for your participation in a User Content Program, you will not receive any compensation for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that AF does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions AF may make about your User Content are only suggestions, based on our understanding of how users typically access Content and use the Service. You are not required to implement any suggestion made by AF regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that AF does not participate in the creation of any of your User Content.
You are solely responsible for your interactions with other AF Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to AF a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
Subject to the terms and conditions of these Terms and Conditions, you are hereby granted a non-exclusive, limited, personal license to use the Service. AF reserves all rights not expressly granted herein in the Service and the Content. AF may terminate this license at any time for any reason or no reason.
The Service and Content, and all Intellectual Property Rights related thereto, are the exclusive property of AF and its licensors. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except that the foregoing does not apply to your own User Content that you legally post on the Service. "Australianfootball.com" and other AF graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of AF protected by the laws of Australia and/or other countries or jurisdictions. AF's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Use of the Content or materials on the Service for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited.
You will indemnify and hold harmless AF, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the site, use of the Service, violation of the Terms and Conditions by you, or the infringement by you, or any third party using your account or AF User ID, of any intellectual property or other right of any person or entity.
You acknowledge that AF has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release AF from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. AF makes no representations concerning any content contained in or accessed through the Service, and AF will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AF, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
AF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AF SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AF WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL AF, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF AF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL AF BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in Australia. AF makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
AF may terminate or suspend the Service in whole or in part and/or your AF account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms and Conditions. Upon termination of your account, your right to use the Service will immediately cease.
If you wish to terminate your AF account, you may discontinue using the Service by writing to us through the contact us page: http://australianfootball.com/contact with the words "Terminate account" in the subject field, by following the instructions (if any) on the site.
All provisions of the Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind AF in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here under.
AF may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the site, as determined by AF in our sole discretion. AF reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. AF is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add: firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable. The Terms and Conditions is not assignable, transferable or sub-licensable by you except with AF's prior written consent. AF may transfer, assign or delegate the Terms and Conditions and its rights and obligations without consent.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, as if this agreement was made within Australia between two residents thereof, and except for disputes submitted for arbitration pursuant to the following paragraph, the parties submit to the exclusive jurisdiction of the state and federal courts located in Australia. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and lawyer’s fees. Both parties agree that these Terms and Conditions, together with any amendments and any additional agreements you may enter into with AF in connection with the Service, constitute the complete and exclusive statement of the mutual understanding of the parties, and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms and Conditions.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through the Dispute Settlement Centre of Victoria (DSCV). The DSCV and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AF requires that users of the site respect the copyright and other intellectual property rights of all third parties. In accordance with Australian copyright laws AF will terminate, where warranted as determined in AF’s sole discretion, users whom AF believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the site, please write to us through the contact us page: http://australianfootball.com/contact, and include the following information: