NSW Masters Athletics


    
   Terms & Conditions
 
Terms & Conditions

Introduction
Welcome to the NSW Masters Athletics website (also referred to in these Terms of Use as �this site�). This site is owned by NSW Masters Athletics (referred to in these Terms of Use as �NSW Masters Athletics�). Please direct any questions or comments concerning this site, these Terms of Use or the Privacy Policy below to secretary@nswmastersathletics.org.au.

PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.

By accessing and using this site, you confirm your agreement to these Terms of Use and the Privacy Policy. If you do not agree to or do not want to be bound by these Terms of Use, you are not authorized to use this site and should immediately exit this site. NSW Masters Athletics reserves the right, at our discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.


Ownership
All content included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, NSW Masters Athletics or is the property of NSW Masters Athletics�s content suppliers or licensors and protected by the laws of Australia and other countries and international treaties. The compilation of all content of this site is the property of NSW Masters Athletics and is protected by the laws of Australia and other countries and international treaties. NSW Masters Athletics�s marks indicated on the site are registered trademarks of NSW Masters Athletics. All other marks that are not owned by NSW Masters Athletics that appear on this site, such as those of NSW Masters Athletics�s clients, are the property of their respective owners, which may or may not be affiliated with or connected to NSW Masters Athletics. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of NSW Masters Athletics or the owner of such marks.

License and Site Use
NSW Masters Athletics grants you a limited license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages (for personal, non-commercial use provided that all copyright and proprietary notices are maintained) frame or link to any page within or modify all or part of the site. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without NSW Masters Athletics�s prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

Your Account
If you use this site, you are responsible for maintaining the confidentiality (as applicable) of account information, credit card information, usernames, passwords and IDs that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). NSW Masters Athletics�s site security policies are contained in this site�s Privacy Policy (below). NSW Masters Athletics reserves the right in its sole discretion to refuse access to this site or the products and services provided through it, terminate accounts and usage rights, edit, or remove content or �submissions� (as defined below) and cancel orders or requests for materials made through this site.

Submissions
Any information or materials you transmit, upload or otherwise submit to this site (including, without limitation, comments, reviews, email messages) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to this site or other means of transmission or delivery, shall be collectively referred to as "submissions." If you transmit or otherwise deliver submissions to NSW Masters Athletics, you grant NSW Masters Athletics a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such submissions or incorporate such submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to NSW Masters Athletics that you own or have been granted the necessary intellectual property and other rights in the submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to NSW Masters Athletics that no such submissions are, or shall be, subject to any obligation of confidence on the part of NSW Masters Athletics and that NSW Masters Athletics shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, NSW Masters Athletics shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without notice to or compensation to the provider of the submissions.

Content Linked to the Site
Please exercise discretion while browsing the internet using this site. You should be aware that while you are on this site, you could be directed to other websites that are beyond our control. There are links to other sites from this site�s pages that take you outside this site. This includes links to organizations, fan clubs, advertisers, and regional sections, as well as sites maintained by NSW Masters Athletics sponsors, NSW Masters Athletics clients, NSW Masters Athletics events, NSW Masters Athletics affiliates and NSW Masters Athletics content partners (among others) that may or may not use our logo. These other sites may send their own cookies to users of their sites, collect data, or solicit personal information. These other sites may contain content or information that you may find inappropriate or offensive. NSW Masters Athletics reserves the right (but shall have no duty) to disable links from these third party sites to this site. NSW Masters Athletics makes no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, NSW Masters Athletics cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site.

Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NSW Masters Athletics DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NSW Masters Athletics DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NSW Masters Athletics DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NSW Masters Athletics explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this site. NSW Masters Athletics cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content on our sites. NSW Masters Athletics does not endorse any of the merchandise (if any) except as expressly provided, nor has NSW Masters Athletics taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. NSW Masters Athletics does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. NSW Masters Athletics strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Imdemnification
You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold NSW Masters Athletics and NSW Masters Athletics�s affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys� fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Terms of Use, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NSW Masters Athletics BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF NSW Masters Athletics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NSW Masters Athletics�S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES. JURISDICTIONAL ISSUES Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting NSW Masters Athletics, its clients, events, products and services and its sponsors and advertisers available in Australia and its territories, possessions and protectorates. NSW Masters Athletics makes no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access and use this site do so on their own initiative and are responsible for compliance with federal, state, and local laws, rules, codes, regulations and ordinances, as applicable.

Termination
These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us for any reason, including without limitation, if, in our sole discretion, your failure to comply with any term of these Terms of Use. Upon such termination, you must cease use of this site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.

Notice and Procedure for Making Claims of Copyright Infringement
NSW Masters Athletics respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NSW Masters Athletics's Copyright Agent the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the Material that you claim is infringing is located on the site
  • your address, telephone number, and e-mail address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
To notify claims of copyright infringement on its site please contact as follows:

General Provisions
NSW Masters Athletics makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of Australia. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the website from outside of the Australia, you are responsible for compliance with the laws of your jurisdiction.

The website is based in Victoria, Australia. All legal issues arising from or related to the use of the website shall be construed in accordance with and determined by the laws of the State of Victoria applicable to contracts entered into and performed within the State of Victoria without respect to its conflict of laws principles. By using the website, you agree that the exclusive forums for any claims or causes of action arising out of your use of the website shall be the state courts for or within Victoria. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of NSW Masters Athletics to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and NSW Masters Athletics with respect to the use of the website. Any changes to this Agreement must be made in writing, signed by an authorized representative of NSW Masters Athletics.


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