Aussie Cheer Channel, (“we”, “us”, “our” and “ACC”) is a entertainment website and social network service for cheerleaders. Aussie Cheer Channel consists of the ACC Website, co-branded websites (including sub-domains) and including versions of the website that may exist on other domains. The services offered by Aussie Cheer Channel include e-mail, instant messaging, articles, video and image galleries, and any other features, tools, applications, materials, or other services offered by Aussie Cheer Channel in connection with its business, however accessed, are referred to collectively as the “Aussie Cheer Channel Services or Services”.
This was last modified on the May 30 2014
Effective as of: June 1, 2014
Welcome to Aussie Cheer Channel, (“we”, “us”, “our”, “ACC” and “AussieCheerChannel”) a website for Australian Cheerleaders to connect with each other all over the nation (Australia) or internationally. The services offered by Aussie Cheer Channel include e-mail, instant messaging, articles, video and image galleries, and any other features, tools, applications, materials, or other services offered by Aussie Cheer Channel in connection with its business.
1. AUSSIE CHEER CHANNEL ACCOUNT
1) All required registration information you submit is truthful and accurate;
2) You will maintain the accuracy of such information;
3) You are thirteen (13) years of age or older;
4) You are not currently restricted from the Aussie Cheer Channel Services, or not otherwise prohibited from having a Aussie Cheer Channel account;
5) You will not use Aussie Cheer Channel if you are a convicted sex offender;
6) You have full power and authority to enter into this Agreement;
7) You will not violate any rights of Aussie Cheer Channel, including intellectual property rights such as copyright or trademark rights; and
8) Your use of the Services does not violate any applicable law or regulation.
Your Profile may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.
1.2 Registration and Account Security
When you sign up to become a member with Aussie Cheer Channel, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. Here are some commitments you make to us relating to registering and maintaining the security of your account. By way of example and not as a limitation, you agree to:
1) keep your password secure and confidential;
2) not reveal your password to any third party;
3) keep your registered email addresses and other registration data current and complete;
4) accept responsibility for all use and activities that occur under your account;
5) not permit others to use your account;
6) refrain from using the account, username, or password of another member at any time;
7) refrain from selling, trading, or otherwise transferring your Aussie Cheer Channel account to another party;
8) refrain from charging anyone for access to any portion of Aussie Cheer Channel, or any information therein;
9) not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information;
10) notify us immediately if you suspect any unauthorised use of your Aussie Cheer Channel Profile or access to your password.
We endeavuor to use reasonable security measures to protect against unauthorised access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify Aussie Cheer Channel of any unauthorised use of your account or password, or any other breach of security, and to accept all risks of unauthorised access to the Registration Data and any other information you provide to Aussie Cheer Channel.
Further, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
1.4 Subscriptions and Payments
You acknowledge that Aussie Cheer Channel reserves the right to charge for any portion of the Aussie Cheer Channel website and to change its fees (if any) from time to time in its discretion. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Membership”), you agree to Aussie Cheer Channel to pay the applicable fees for the Premium Membership (including, without limitation, periodic fees for Premium accounts) as they become due and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription.
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium features expire immediately upon cancellation of your Premium account or Aussie Cheer Channel account. If Aussie Cheer Channel terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You also acknowledge that Aussie Cheer Channel’s Premium Membership are subject to this Agreement and any additional terms related to the provision of the Premium Membership.
1.5 Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2. MEMBER CONDUCT:
2.1 Aussie Cheer Channel Services are for the personal use of members and may be used for promotional purposes as well, but direct commercial endeavours may only be used if they are specifically endorsed or authorised by Aussie Cheer Channel. Aussie Cheer Channel reserves the right to remove or charge for commercial content in its sole discretion.
2.2 In order to protect our Members from advertising or solicitation, Aussie Cheer Channel in its sole discretion 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 Aussie Cheer Channel deems appropriate. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Aussie Cheer Channel Services, you acknowledge that you will have caused substantial harm to Aussie Cheer Channel, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Aussie Cheer Channel fifty dollars ($50 AUD) for each such unsolicited email or other unsolicited communication you send through Aussie Cheer Channel Services.
2.3 You may not use the Aussie Cheer Channel Service for any illegal or unauthorised purpose including collecting usernames, user ID numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Aussie Cheer Channel website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorised solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges.
2.4 Aussie Cheer Channel may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Aussie Cheer Channel have any obligation to check the accuracy or truthfulness of any materials, nor to monitor any member’s use of the Aussie Cheer Channel Service.
2.5 International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any Content that you submit, post, and display on the Aussie Cheer Channel Service.
3. PROHIBITED CONTENT AND ACTIVITY:
Although Aussie Cheer Channel is a private business, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. The following are examples of the kind of activities that are illegal or prohibited on the Aussie Cheer Channel Website and through your use of the Aussie Cheer Channel Services. Aussie Cheer Channel reserves the right to investigate and take appropriate legal action against anyone who, in Aussie Cheer Channel’s sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
3.1 Publish, distribute and/or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
3.2 Abuse, stalk, threaten, harass or advocate harassment of another person;
3.3 Violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.
3.4 Submit material that contains nudity or depicts a human being engaged in actual sexual conduct including but not limited to (a) excessive violence, (b) exploits people in a sexual or violent manner, sadistic or masochistic abuse; (c) sexual intercourse; (d) bestiality; (e) lascivious exhibition of the genitals or private area of any person; (f) offensive subject matter; (g) contains a link to an adult website;
3.5 Involvement in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner;
3.6 Solicit personal identifying information or passwords from anyone under the age of eighteen (18);
3.7 Promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
3.8 Publicly posting information that poses or creates a privacy or security risk to any person;
3.9 Use sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;
3.10 Imply or state, directly or indirectly, that you are affiliated with or endorsed by Aussie Cheer Channel unless you have entered into a written agreement with Aussie Cheer Channel
3.11 Impersonate or attempt to impersonate Aussie Cheer Channel or a Aussie Cheer Channel employee, administrator, moderator, another Member, or person or entity;
3.12 Advertising to, or solicitation of any Member to buy or sell any products or services through the Aussie Cheer Channel Services without their prior explicit consent;
3.13 Create a user profile for anyone other than a natural person;
3.14 Register for more than one User account or register for a User account on behalf of an individual other than yourself;
3.15 Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Aussie Cheer Channel except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
3.16 Submit materials of any third party without such third party’s prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by Aussie Cheer Channel;
3.17 Remove, obscure, or alter any Aussie Cheer Channel’s copyright notice, trademarks, or other proprietary rights notices, including any of its licensors;
3.18 Modify, copy, distribute, download, perform, sell, transmit or create derivative works in any form or by any means, in whole or in part, any Content from the Aussie Cheer Channel Services other than your Content which you legally post on, through or in connection with the Aussie Cheer Channel Services;
3.19 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network;
3.20 Modify, adapt, translate, or reverse engineer any portion of the Aussie Cheer Channel Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Aussie Cheer Channel Service.
3.21 Attempt to gain unauthorised access to the Aussie Cheer Channel Service, other accounts, computer systems or networks connected to the Aussie Cheer Channel Service, through password mining or any other means.
3.22 Transmit, email or post any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘spimming’, ‘spamming’ or any other form of such solicitation;
3.23 Harvest or collect email addresses or other contact information of members, including usernames, from the Aussie Cheer Channel website by electronic or other means;
3.24 Use manual or automated software, such as, but not limited to, scripts, devices, robots, or other means to add friends or send/add comments, messages, status updates, blogs or bulletins or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
3.25 Use the Aussie Cheer Channel Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
3.26 Using any information obtained from the Aussie Cheer Channel Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
3.27 Solicit or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
3.28 Rent, lease, loan, trade, sell/re-sell access or otherwise transferring your profile, your email address or URL to Aussie Cheer Channel or any information therein, or the equivalent, in whole or part;
3.29 Cover or obscure the banner advertisements on your Aussie Cheer Channel Profile page, or any Aussie Cheer Channel page via HTML/CSS, scripting, or any other means;
3.30 Decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you;
3.31 Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
3.32 Use other members personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members;
3.33 Interfere with another member’s use and enjoyment of the Aussie Cheer Channel Service;
3.34 Repeatedly infringe other people’s intellectual property rights, we have the right to disable your account when appropriate;
If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: firstname.lastname@example.org.
Further, Aussie Cheer Channel reserves the right to investigate and take appropriate legal action against anyone who, in Aussie Cheer Channel’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the Aussie Cheer Channel Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
4. MEMBER DISPUTES
If there is a dispute between Members or between Members and any third party, you understand and agree that Aussie Cheer Channel is under no obligation to become involved. In the event that you have such a dispute, you hereby release Aussie Cheer Channel, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. INTELLECTUAL PROPERTY:
You acknowledge that Aussie Cheer Channel owns all rights, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
5.2 Content Posted
All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Aussie Cheer Channel, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on Aussie Cheer Channel or on the Web. You understand and agree that Aussie Cheer Channel may, but is not obligated to, review, reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Aussie Cheer Channel violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless Aussie Cheer Channel 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. All content posted on Aussie Cheer Channel, whether it be from but not limited to, it’s staff, visitors or members is for entertainment purposes only and should not be received as professional advice. Aussie Cheer Channel will not be held liable for any damages, injury or loss of life that may occur from following Content or instructions found on the Aussie Cheer Channel website or other Services.
Aussie Cheer Channel does not claim ownership rights in Content that you make available through the Site. When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Aussie Cheer Channel an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicensees of the foregoing.
5.3 Your Content
By posting any Content on the Services and making your Content available to others (“Third Parties”) via RSS distribution, you hereby grant Aussie Cheer Channel and to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.
You represent and warrant that: (i) you own the Materials posted by you on or through the Aussie Cheer Channel Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Aussie Cheer Channel Service 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 Materials posted by you to or through the Aussie Cheer Channel Service.
You may remove your User Content from Aussie Cheer Channel at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Aussie Cheer Channel may retain archived copies of your User Content, and also the information posted to the Web by Aussie Cheer Channel on your behalf may be cached by websites outside of Aussie Cheer Channel’s control.
5.4 Objectionable Content
We reserve the right to remove content (including links) that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable. Any account posting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
5.5 Enforcement by Us
We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.
6. THIRD PARTIES AND OTHER USERS:
6.1 Third Party Content
Content from other Users, advertisers, and other third parties is made available to you through the Aussie Cheer Channel Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. Some of the content served by Aussie Cheer Channel may be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to Aussie Cheer Channel.
Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
6.3 Third-Party Websites and Partner Communities
The Aussie Cheer Channel Services may contain links to third-party websites (“Third-Party Websites“) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities (“Partner Communities“) or use other means to connect the Aussie Cheer Channel Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. VIOLATION OF TERMS:
7.1 Breach of Terms
Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Aussie Cheer Channel Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
7.2 Termination of Service
You may terminate your account anytime by going to “Profile”, and choosing the “Delete Account” option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
7.3 Effects of Termination
You understand that termination of this Agreement and your Aussie Cheer Channel Profile may involve deletion of your Aussie Cheer Channel Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your Aussie Cheer Channel Profile or related deletion of your information. When an account is terminated, we reserve the right to re-issue the username you had selected (for the now deleted account).
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.
Further, you agree that Aussie Cheer Channel shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after said termination. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
7.4 Violations of Agreement and Community Standards
Please report violations of the terms of this Agreement to: email@example.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Aussie Cheer Channel to pursue legal action to enforce these Terms, you will be liable to pay Aussie Cheer Channel the following amounts as liquidated damages, which you accept as reasonable estimates of Aussie Cheer Channel damages for the specified breaches of these Terms:
1. If you post a message that (a) impersonates any person or entity; (b) falsely states or otherwise misrepresents your affiliation with a person or entity; or (c) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Aussie Cheer Channel one thousand dollars ($1,000 AUD) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
2. If Aussie Cheer Channel establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Aussie Cheer Channel one hundred dollars ($100 AUD) for each message posted in excess of such limits or for each day on which you access Aussie Cheer Channel in excess of such limits, whichever is higher.
3. If you send unsolicited email advertisements to Aussie Cheer Channel email addresses or through Aussie Cheer Channel computer systems, you agree to pay Aussie Cheer Channel fifty dollars ($50 AUD) for each such email.
4. If you post Content in violation of the Terms, other than as described above, you agree to pay Aussie Cheer Channel one hundred dollars ($100 AUD) for each Item of Content posted. In its sole discretion, Aussie Cheer Channel may elect to issue a warning before assessing damages.
5. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages, you agree to pay Aussie Cheer Channel one hundred dollars ($100 AUD) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay Aussie Cheer Channel an additional one hundred dollars ($100 AUD) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Aussie Cheer Channel’s express written permission, you agree to pay Aussie Cheer Channel two thousand dollars ($2,000 AUD) for each day on which you engage in such conduct.
7. Otherwise, you agree to pay Aussie Cheer Channel’s actual damages, to the extent such actual damages can be reasonably calculated. Not withstanding any other provision of these Terms, Aussie Cheer Channel retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
8. COPYRIGHT POLICY:
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Aussie Cheer Channel respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorised copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You may not copy, reproduce, distribute, or create derivative works without being authorised to do so by the copyright holder. It is Aussie Cheer Channel policy to terminate the accounts of repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Aussie Cheer Channel Agent for notice of claims of copyright or other intellectual property infringement:
Please provide our Agent with the following information;
1) A description of the alleged copyrighted work that you claim has been infringed, which should include the type of work (such as a photo or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
2) A description of where the alleged material that you claim is infringing is located on the Aussie Cheer Channel Service (including a URL and/or screen shot);
3) The country or countries to which your copyright applies;
4) A description of the way in which the alleged copyright material has been infringed;
5) Your address, telephone number, and email address so that we may get in contact with you;
6) Your contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint;
7) A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
8) A statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
9) An electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please email it to:
Attn: Copyright Agent
9. DISCLAIMER OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY:
Under no circumstances shall Aussie Cheer Channel be liable to any user on account of that user’s use or misuse of the Services. The Services are provided “as is,” with no warranties whatsoever. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Aussie Cheer Channel has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply not withstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.
You agree to indemnify and hold Aussie Cheer Channel, its subsidiaries, affiliates, respective officers, agents, joint ventures, partners and employees, harmless from all damages, losses, liability, claims, or demands, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content that you post on or through the Aussie Cheer Channel Services, and (c) any activity in which you engage on or through Aussie Cheer Channel.
9.3 Limitation of Liability
YOUR USE OF THE AUSSIE CHEER CHANNEL SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL AUSSIE CHEER CHANNEL OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE ” AUSSIE CHEER CHANNEL PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INJURY, LOSS OF LIFE, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE AUSSIE CHEER CHANNEL SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, WHETHER OR NOT AUSSIE CHEER CHANNEL PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE AUSSIE CHEER CHANNEL SERVICE, FROM INABILITY TO USE THE AUSSIE CHEER CHANNEL SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AUSSIE CHEER CHANNEL SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE AUSSIE CHEER CHANNEL SERVICE OR ANY PART OF THE AUSSIE CHEER CHANNEL SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AUSSIE CHEER CHANNEL SERVICE AND ITS RELATED WEBSITE. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AUSSIE CHEER CHANNEL’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 AUSSIE CHEER CHANNEL FOR THE AUSSIE CHEER CHANNEL SERVICES DURING THE TERM OF MEMBERSHIP. UNDER NO CIRCUMSTANCES SHALL AUSSIE CHEER CHANNEL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIFTY DOLLARS ($50.00).
10. APPLICABLE LAWS AND THIS AGREEMENT:
11. LEGAL COMPLIANCE:
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Aussie Cheer Channel Service. Aussie Cheer Channel reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Aussie Cheer Channel Service, Aussie Cheer Channel Users, and the rights and property of Aussie Cheer Channel and its affiliates.
This Agreement is accepted upon your use of the Aussie Cheer Channel Website or any of the Aussie Cheer Channel Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Aussie Cheer Channel regarding the use of the Aussie Cheer Channel Services. The failure of Aussie Cheer Channel 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. aussiecheerchannel.com is a trademark of Aussie Cheer Channel. 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.
Please report any form of abuse or identity theft to you or other members immediately to: firstname.lastname@example.org
Regarding any questions to this agreement, please send emails to: email@example.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.