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1 Website Member Terms and Conditions
1.1 The Website is owned, operated and maintained by Boneyard.
1.2 These terms and conditions, and the Member Agreement, set out the conditions under which you may use the Website (Terms). Please read the Terms carefully before accessing or using the information and services available through the Website. By accessing or using the Website, you agree to be bound by these Terms.
1.3 Boneyard may modify these Terms from time to time and you should regularly review the Terms because they are binding on you.
1.4 Your continued use of the Website and our services constitutes your agreement to these Terms and any modifications to them.
2 Use and Prohibitions
Use of Website
2.1 The Website Content is the property of Boneyard, its content suppliers and members. Boneyard authorises you to view and access a single copy of the Website Content available on or from the Website subject to the prohibitions and limitations in these Terms.
Website Prohibitions
2.2 Boneyard specifically prohibits and you agree not to:
2.2.1 use the Website in violation of any applicable law or regulation;
2.2.2 use the Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Boneyard or others or violate the privacy, publicity or other personal rights of others; or
2.2.3 sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose or access data not intended for you or logging into a server or account which you are not authorised to access;
2.2.4 attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
2.2.5 use the Website to transmit, distribute, store or destroy material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity, or contains sexually explicit images or statements;
2.2.6 copy or adapt the HMTL code created to generate any Website Content or the pages making up the Website;
2.2.7 impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
2.2.8 collect or store data about other users or merchants, including e-mail addresses;
2.2.9 harass any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth);
2.2.10 send unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website;
2.2.11 use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
2.2.12 attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
2.2.13 frame or link to any Website Content or information available from the Website.
2.3 You acknowledge and agree to be responsible for your own communications and are responsible for the consequences of your actions.
Advertising
2.4 The Website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Boneyard nor its Personnel recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
2.5 Neither Boneyard nor its Personnel recommend or endorse the content or privacy practices of any third party sites which may be linked to or from Boneyard, or products or services of any third party organisations mentioned or described on the Website or linked to or from this Website. You acknowledge that you enter any third party sites at your own risk and that Boneyard is not responsible for third party sites.
3 Access and Security
Right to deny access
3.1 Boneyard reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Boneyard believes, in its sole discretion:
3.1.1 violates any term or provision of these Terms;
3.1.2 violates the rights of Boneyard or third parties; or
3.1.3 is otherwise inappropriate for continued access and use of the Website.
Monitoring of access
3.2 You acknowledge and agree that Boneyard has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website, or to ensure compliance with these Terms, or to comply with any law or order of a court.
Security violation
3.3 You are prohibited from violating or attempting to violate the security of any Website. Violations of system or network security may result in civil or criminal liability. Boneyard will investigate occurrences which may involve violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4 Miscellaneous
Additional terms of use
4.1 Certain areas of the Website are subject to additional terms of use. By using such areas, or any part of, you agree to be bound by the additional terms of use applicable to such areas.
Governing law and jurisdiction
4.2 These Terms are governed by the law of the State of Victoria. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.
Overseas access
4.3 Boneyard makes no claims that the Website Content may be lawfully viewed or accessed outside the Territory. Access to the Website Content may not be legal by certain persons or in certain countries.
4.4 If You access the Website from outside the Territory, You do so at your own risk and responsible for compliance with the laws of your jurisdiction.
Resale, assignments and transfers
4.5 You must not resell, assign or transfer any rights or obligations under these Terms.
4.6 You must not make any unauthorized commercial use of the Website.
5 Definitions and interpretation
Definitions
5.1 In this document the following definitions apply:
Authorised Representative means the Member's representative specified in Item 8 of Schedule 1 of the Member Agreement in relation to the Member or as notified by the Member from time to time.
Boneyard means Boneyard Holdings Limited (ACN 127 828 657), Unit 12, 246 Windsor Road, Baulkham Hills, New South Wales, 2153.
Member Agreement means the Member Agreement executed between Boneyard and You.
Personnel means in relation to a party:
(a) that party's director, officer, employee, agent, contractor, financier, professional adviser, invitees, licensees and guests; and
(b) any persons granted security identification cards or keys at the request of that party.
Products means the products available for purchase through the Website whether made available by You or another member.
Territory means the country from which you access the Website.
User or Users means the individuals/entities that use/access the Website, including customers and other members.
Website means [insert Boneyard websites eg www.boneyard.com].
Website Content means any information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website.
You means all the individuals and / or entities accessing the Website for any reason using your login and password.
Thank you for your cooperation. We hope you find the Website helpful and convenient to use. If you have questions or comments regarding this website please Contact Us
If there are any technical problems with this Website, Contact Us
This document last updated May 2008.