Your Conduct on the First On The Beach Platform
By using the First On The Beach Platform you represent, warrant and covenant that you:
- shall not use any rights granted hereunder for any unlawful purpose; and
You agree not to access (or attempt to access) any of the services available on the First On The Beach Platform (the "Services") by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means including, without limitation, use of scripts or web crawlers.
You agree that you will not engage in any activity that interferes with or disrupts the First On The Beach Platform or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
- post spam links, and/or personal referral links in an aggressive, wanton or otherwise inappropriate fashion both on the First On The Beach Platform or on any other public site on the web
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, in an otherwise offensive or objectionable manner
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services, other users' computers or the access to or functionality of the First On The Beach Platform
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret or other right of any party (including rights of privacy or publicity)
- attempt to obtain passwords or other private information from other members
- improperly use support channels or complaint buttons to make false reports to First On The Beach
- develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications in violation of the applicable License Agreements
- exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services
Termination of this Agreement
At any time, and in our sole discretion, we may terminate our legal agreement with you and deny you use of our Services if:
- you have breached any provision of these terms or have acted in a manner which clearly shows that you do not intend, or are unable, to comply with the provisions of these terms; or
- we are required to do so by law – where, for example, the provision of our services to you is, or becomes, unlawful; or
- we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
- the provision of the Services to you is, in our opinion, no longer commercially viable.
If you violate the Terms, First On The Beach reserves the right in its sole discretion to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that First On The Beach need not provide you notice before terminating or suspending your account(s), but it may do so at any time.
Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of First On The Beach, except to the extent prohibited by applicable law.
Refuse Access and Changes
First On The Beach reserves the right to refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that First On The Beach may discontinue the Services or change the content of the Services at any time, for any reason, with or without notice to you, without liability.
You acknowledge that the First On The Beach Platform has been developed, compiled, prepared, revised, selected and arranged by First On The Beach and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of First On The Beach and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks ("Marks") displayed on the First On The Beach Platform are the property of First On The Beach or third parties and cannot be used without the written permission of First On The Beach or the third party that owns the Marks. The Site is also protected as a collective work or compilation under international copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the First On The Beach Platform for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of First On The Beach or any third party.
First On The Beach exclusively owns or holds a license for all worldwide rights, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the First On The Beach Platform and related to the First On The Beach Platform and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Copyright Infringement Policy
The Services may include various communication channels such as forums, communities or chat areas ("Communication Channels") designed to enable you to communicate with other users of the Services. First On The Beach has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. First On The Beach may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings or materials posted by users on the Communication Channels are neither endorsed nor controlled by First On The Beach, and these communications should not be considered reviewed or approved by First On The Beach. First On The Beach will not under any circumstances by liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public and you have no expectation of privacy regarding your use of the Communication Channels. First On The Beach is not responsible for information you choose to share on the Communication Channels, or for the actions of other users.
Disclaimer of Warranties, Limitation of Liability and Indemnification
The information contained in this Site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, the information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult an appropriate professional in thiose fields.
You agree that your use of the Services shall be at your sole risk. Subject to you rights under any Consumer Law referred to below and to the maximum extent permitted by law and unless restricted or prohibited by law, First On The Beach, its officers, managers, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Services, the First On The Beach Platform and your use thereof including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Subject to your rights under any Consumer Law referred to below and to the fullest extent permitted by law, First On The Beach makes no warranties, conditions or representations about the accuracy or completeness of the content of the Services or the content of any sites linked to the Services and assumes no liability or responsibility for
- any errors, mistakes or inaccuracies of content,
- personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Services,
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from the Services,
- any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
Subject to your rights under any Consumer Law referred to below and to the maximum extent permitted by law in the applicable jurisdiction, and unless restricted or prohibited by law, in no event will First On The Beach, its directors, managers, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive or consequential damages whatsoever including any lost profits or lost data arising from your use of the First On The Beach Platform, the Services or other materials or content on, accessed through or downloaded from the Services, whether based on warranty, contract, tort (including, without limitation, negligence) or any other legal theory, and whether or not First On The Beach has been advised of the possibility of these damages. You specifically acknowledge that First On The Beach shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold First On The Beach and each of its directors, managers, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, action, cause of action, application, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with
- your use of and access to the First On The Beach Platform and the Services;
- your violation of any third party right, including without limitation any copyright, property or privacy right;
- any claim that one of your user submissions caused damage to a third party; or
- any content you post or share on or through the Service.
First On The Beach will not be liable for the termination of the First On The Beach Platform or programs on any account whatsoever.
Sometimes when you use our Services you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.
All guarantees, conditions and warranties whether expressed or applied as to the condition, suitability, quality, fitness or safety of any goods and services supplied under the First On The Beach Platform, other than those implied or imposed by statute, are excluded to the extent permitted by law. All guarantees and warranties implied or imposed by statute are excluded to the extent expressly permitted by statute.
Any liability First On The Beach may have to a member under any such guarantees or warranties implied or imposed by statute which cannot be excluded is limited, where First On The Beach is expressly permitted by statute to limit your remedy for a breach of that guarantee or warranty, to supplying or paying the cost of supplying, the goods (or equivalent goods) or services again or repairing or paying the cost of repairing the goods, at First On The Beach's sole option.
becomes void or unenforceable for any reason; or
would be unfair under the applicable consumer law if applied or relied upon in a particular way,
The First On The Beach Platform is controlled, operated and administered by First On The Beach from its offices within Australia. First On The Beach makes no representation that materials on the First On The Beach Platform are appropriate or available for use at other locations outside of Australia and access to them from territories where the contents or products available through the First On The Beach Platform are illegal is prohibited. You may not use the First On The Beach Platform or export the content or products in violation of Australian export laws and regulations. If you access the First On The Beach Platform from a location outside of Australia, you are responsible for compliance with all local laws.
First On The Beach's failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Latest Revision: December, 2016