The following are the terms and conditions (the "Terms") under which you (a "User") may use the websites and co-branded websites of GameDay (the "Company") at any other addresses (any or all of which are herein referred to as the "website"). Specific rules, in addition to these Terms, are provided at section 4 below with respect to auctions and/or other transactions conducted on or in connection with the website (the "Auction Service").
Your use of the website and/or the Auction Service constitutes your agreement to all terms, conditions, and notices contained herein and otherwise posted on the website (the content of such agreement, inclusive of the Terms and all such additional conditions and notices, are together referred to herein as the "Agreement."). If you do not accept any of the provisions of the Agreement, you must not use the website or the Auction Service.
The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Section 1. Material on the Web Site
If you are under 18 years of age you must obtain a parent's/guardian's consent prior to using the Website. Notwithstanding such a consent, if you are under 18 years of age you may not use the Auction Service.
The contents of the website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of Australia as well as other countries, and are owned or controlled by the Company or by third parties that have licensed the use of the Material to the Company. The Company authorizes you to view and download a single copy of the Material solely for your personal and non-commercial use. The use of any software that is made available for downloading from the website ("Software") is governed by the terms of the software license agreement accompanying such software (the "License Agreement"), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you by the Agreement are reserved. Neither the availability of, nor anything contained within, the website shall be construed as conferring any license under any of the Company's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.
Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other website, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the website without the prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. Some of the Material may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. The trademarks, logos and service marks (the "Marks") displayed on the website are owned by the Company or third parties. You are prohibited from using the Marks without the prior written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your website, contact GameDay at email@example.com.
The Company reserves the right to employ robot exclusion headers and similar mechanisms within the website, and you agree that you and all persons and facilities under your control will honour such headers and mechanisms. Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on use of the website or the Material set forth in this Agreement, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any Users or to recreate in original or modified form any substantial portion of the website. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the website or any transactions being conducted on or in connection with the websites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Company's servers or systems.
Section 2. Privacy
Section 3. Registration, Passwords and Signatures
In consideration of your use of the Auction Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may be prompted to fill out on the website to use the Auction Service (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the website and the Auction Service.
You will receive a password and/or account designation upon completing the registration process to use the Auction Service. You are responsible for maintaining the confidentiality of any such password and account, and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify the Company of any unauthorized use of your password and account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You may request that your account be closed by contacting GameDay customer support at firstname.lastname@example.org. You may not close your account while you are the highest bidder on an auction in connection with the Auction Service.
Section 4. Auctions - Specific Terms and Conditions
Section 5. Links to Other Sites
The website may contain links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Section 6. Liability Disclaimers
The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to an item as detailed in Section 4, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the website, the Auction Service and the Material. Any use of the website, the Auction Service and the Material is at your own risk. Some Material on the website is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.
The Company does not warrant that the website and the Auction Service will operate error-free, continuously or without interruption, or that the website or its server are free of computer viruses or other harmful content. If your use of the website, the Auction Service or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
The website, the Auction Service and Material are provided on an "as is" basis without any warranties of any kind. The Company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for particular purpose except as set out in section 4 in relation to the Auction Service and unless the Company and its suppliers are required to provided such warranties under applicable law. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the Material, services, software text, graphics, and links.
Section 7. Disclaimers of Certain Damages
If you are dissatisfied with any portion of the website or the Auction Service or with any provision of the Agreement, your sole and exclusive remedy is to discontinue using the website and/or the Auction Service. Under no circumstances shall the Company, the North Queensland Toyota Cowboys Online Auctions or the North Queensland Toyota Cowboys Online Auctions be liable to any User or any third party on account of that User's use of the website or the Auction Service. In no event shall the Company, the North Queensland Toyota Cowboys Online Auctions or the North Queensland Toyota Cowboys Online Auctions and/or their suppliers be liable to you or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website and/or the Auction Service, the delay or inability to use the website and/or the Auction Service, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website and/or the Auction Service, or otherwise arising out of the use of the website and/or the Auction Service, whether based on contract, tort, strict liability or otherwise, even if the Company, the North Queensland Toyota Cowboys Online Auctions or the North Queensland Toyota Cowboys Online Auctions or any of their suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless the Company, the North Queensland Toyota Cowboys Online Auctions and the North Queensland Toyota Cowboys Online Auctions, their officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software),the website and/or the Auction Service, your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
Section 9. General
The Company 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 and/or the Auction Service from outside of the Australia, you are responsible for compliance with the laws of your jurisdiction.
The website and Auction Service is based in Victoria, Australia. All legal issues arising from or related to the use of the website and the Auction Service 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 and/or the Auction Service, you agree that the non exclusive forum for any claims or causes of action arising out of your use of the website and/or the Auction Service shall be the State courts of Victoria.
If you violate any provision of the Agreement, your permission to use the website and the Auction Service will automatically terminate and you must immediately destroy any copies you have made of the Material. The Company reserves the right, in its sole discretion, to expel Users and prevent their further access to the website and/or the Auction Service for breaching this Agreement or any law.
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 the Company 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 or the Auction Service 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 the Company with respect to the use of the website and the Auction Service. Except as set out in this Agreement, any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
For technical assistance relating to North Queensland Toyota Cowboys Online Auctions Auctions, please contact GameDay customer support at email@example.com. Email enquiries will be responded to within 24 hours on weekdays. Emails sent on weekends or public holidays will be responded to on the next business day.