Terms of Service
This is an Agreement between You (the "User") and thinkrelativity Pty. Ltd.
("thinkrelativity", "we", or "us"), the company that owns the Sports Stuff
website, services, brand, collectively called Sports Stuff at the website
http://www.sportsstuff.org.au (and.net.au) (the "Site"). We've tried really hard to keep
this Agreement as readable and straightforward as possible. If you have
suggestions that can help us improve it, please let us know. This Agreement
explains our obligations to you, and your obligations to us. This Agreement
is the entire Agreement between us. By using the Site in any way you are
agreeing to comply with these terms, our Privacy Policy and any other legal
notices or conditions or guidelines posted on the Site which we may update
without notice and encourage you to check out here at any time.
1. Things that belong to us
All material and services available on the Site, and all material and services
provided by or through thinkrelativity, its affiliates, subsidiaries, employees,
agents, licensors, or other commercial partners including, but not limited to,
software, all informational text, software documentation, design of and
"look and feel," layout, photographs, graphics, audio, video, messages, interactive
and instant messaging, design and functions, files, documents, images, or other
materials, whether publicly posted or privately transmitted as well as all
derivative works thereof (collectively, the "Services"), are owned by us or other
parties that have licensed their material or provided services to us, and are
protected by copyright, trademark, trade secret, and other intellectual
property laws. All thinkrelativity trademarks and service marks, logos, slogans,
and taglines are the property of thinkrelativity. All other trademarks, service
marks, logos, slogans, and taglines are the property of their respective owners.
Except as otherwise specifically provided herein, nothing should be construed as
granting any license or right to use any trademarks, service marks, logos, slogans
or taglines displayed on Sports Stuff without our express written permission,
or the express written permission of such third-party that may own the trademark,
service mark, logo, slogan or tagline.
2. Rights to use our Services
Subject to this Agreement, thinkrelativity hereby grants you a limited, revocable,
non-transferable, and non-exclusive license to use the Services through a user
identification reference provided by thinkrelativity (“Member ID”) to the extent,
and only to the extent, necessary to access and use the Site in accordance with the
terms of this Agreement. The license granted herein does not permit you, and you
agree not to: store, copy, reproduce, republish, modify, upload, post, translate,
scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile,
reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any
programming code or any source code used in or with the Services or otherwise
distribute in any way the Services other than as specifically permitted in this
Agreement. You may not sell, assign, sublicense, grant a security interest in or
otherwise attempt to transfer any right in the Services, create derivative works
based on or in any manner commercially exploit the Services, in whole or in part
other than as expressly permitted in this Agreement. Any use of the Services for any
purpose other than as specifically permitted herein or without our prior consent or
the prior written consent of our licensors, as applicable, is a violation of the
copyright, trademark, and other proprietary rights in the Services and is expressly
prohibited. You further agree that violations by you, any other person or entity of
the terms of this Agreement may be prosecuted to the fullest extent of the law. We
reserve all rights not expressly granted in this Agreement.
We will provide you Member IDs each permitting access to the Services through one
person and one computer at a time through the User accounts you create on the Site.
You agree to fully and accurately provide the information requested by us when
setting up your accounts and to regularly update such information. Your failure to
do so may result in the cancellation of your account and loss of Services. You
further agree (a) not to provide Member IDs to anyone who is not a legitimate member
of your organisation and (b) to ensure all individuals permitted to use the Member
IDs are aware of and have agreed in writing to comply with the terms of this
Agreement.
3. Things you provide to us
You are legally responsible for all information, data, text, software, music, sound,
photographs, graphics, video, messages, or other materials ("Content") uploaded,
posted, or stored through your use of the Services. While you will retain ownership
of the Content you provide to the Site, you will grant thinkrelativity certain rights
to host and use your Content as described in the following sentence. You grant
thinkrelativity a worldwide, royalty-free, non-exclusive license to host and use the
Content in order to provide you with the Services. You agree not to use the Services
for any illegal purpose or in violation of any applicable local, state, federal or
international law. You are encouraged to archive your Content regularly and
frequently. You are responsible for any Content that may be lost or unrecoverable
through your use of the Services. You must provide all required and appropriate
warnings, information, and disclosure. You hereby represent and warrant that you
will not use the Services to share, store, or in any way distribute personal or
financial data that is not in accordance with the law. Any Users suspected of
having information which involves fraud, embezzlement, money laundering, insider
trading, support for terrorism, or any other activity proscribed by law may have
their accounts terminated, their financial data erased, and they also may be reported
to law enforcement officials in the appropriate jurisdictions. thinkrelativity is not
responsible for the Content or data you submit.
4. Comments and Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information provided by you to us ("Comments") are not
confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free
license to reproduce, display, perform, distribute, publish, modify, edit or otherwise
use such Comments as it deems appropriate, for any and all commercial or
non-commercial purposes, in our sole discretion.
5. Monitoring Your Things
thinkrelativity may, but has no obligation to, monitor content on the Services. We
may disclose any information necessary or appropriate to satisfy our legal
obligations, protect thinkrelativity or its customers, or operate the Services
properly. thinkrelativity, in its sole discretion, may refuse to post, remove, or
refuse to remove, any Content, in whole or in part, alleged to be unacceptable,
undesirable, inappropriate, or in violation of this Agreement. Additionally,
thinkrelativity may require you to place all or any portion of the Content behind
password protection if it determines that such Content is inappropriate for the
community at large but does not otherwise violate the terms of this Agreement. If
thinkrelativity has requested you to place Content behind password protection or if
you independently determine that the Content appropriately belongs behind password
protection, you may not publish the password in such a way that negates the
limited-access nature of the password protected site. If thinkrelativity requests you
to place any Content behind password protection and you fail to do so promptly,
thinkrelativity reserves the right to (a) place such Content behind password
protection itself, or (b) immediately terminate this Agreement.
6. Copyright Complaint Policy
If you believe any Services infringe your copyrighted works, you may provide a
notification of claimed copyright infringement to our Designated Agent for
copyright complaints. Please see our Copyright Complaint Policy for further
information.
7. Rules
7.1. thinkrelativity does not allow any of the following content, or links to
such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program
archives.
- Content with the sole purpose of causing harm or inciting hate, or content
that could be reasonably considered as slanderous or libelous.
- Content or data which would impersonate someone else or falsely represent
your identity or qualifications, or that could reasonably constitute a breach of
an individual's privacy.
- Content that is spam, is machine- or randomly-generated, and/or contains
unethical or unwanted commercial content designed to drive traffic to third
party sites or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing), or mislead recipients as to the source
of the material (such as spoofing).
Users posting any of the above content on their sites will be notified using the
User's current email address on file in the User’s account, and may be given a
48 hour grace period to make any corrective actions. thinkrelativity may suspend the
services of the member account until a resolution is met between thinkrelativity
and the User. Repeated violations of this Policy may cause cancellation of service
without the refund of any fees.
7.2. By accepting these Terms of Service and using Sports Stuff, Sports Stuff
Users agree to all of the following:
- Users may not use the Service as a remote storage server only.
- Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden. The Services may only be used or accessed through an electronic device under the manual control of a User at all times.
- Users may not upload individual files larger than 20MB. thinkrelativity reserves the right to refuse to host any downloadable file.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
- Users may not upload, post, email, transmit or otherwise make available or initiate any content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or any Sports Stuff user.
- Users may not send messages through the site which do not correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
- Users may not use the Services to impersonate another person.
- Users are not permitted to knowingly allow another website or hosting server to link to content files stored on thinkrelativity's servers. Users deemed to be using Sports Stuff solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
- Users are not permitted to get advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
7.3. You must also further agree to make the following commitments relating to the
registering and maintaining the security of their accounts.
- You will not use the Services for any unlawful purposes.
- You will not provide any false personal information to thinkrelativity, or create an account for anyone other than yourself without permission.
- You will ensure the email address provided in your account registration is valid at all times. thinkrelativity reserves the right to terminate any account that does not include a valid email address on file.
- You will not use the Services if you are located in a country embargoed by Australia.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our express written permission.
- You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by thinkrelativity unless you have entered into such a written agreement with thinkrelativity.
- You will not attempt to or actually access the Services by any means other than through the interfaces provided by thinkrelativity. This prohibition includes accessing or attempting to access thinkrelativity using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.
- You will not attempt to or actually override any security component included in or underlying Sports Stuff.
- You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on thinkrelativity's infrastructure, including, but not limited to, sending unsolicited communications to other users or thinkrelativity personnel, or attempting to gain unauthorized access to the Services.
thinkrelativity may determine in its sole discretion whether or not an account is
in violation of any of these policies. Violation of any of these policies may result
in user information tracking which such information being stored to identify the
offending use. Offending users may be permanently restricted from holding an account
on the Service.
8. Fees
Business users may agree to a twelve (12) month or month-to-month contract agreement
with thinkrelativity. Users can opt to upgrade their service agreement to any higher
contract agreement that thinkrelativity is currently offering for sale at any time
during a User's contract term. At the end of the contract term, the contract will
not automatically renew for an additional contract term. User's must opt-in to remain
a Sports Stuff User, and pay any applicable renewal fees. Only services and features
clearly indicated as "free" or "no charge" are free or without charge. It is not the
responsibility of thinkrelativity to provide free support for the User in the use and
operation of thinkrelativity. All other applications, features, functionality and
support provided by thinkrelativity and its partners are provided for a fee and the
User is liable for such fees.
If you registered for a trial use of the Services ("Trial Period"), you must decide to
purchase the Services within the Trial Period in order to retain any Content that you
have posted or uploaded during the Trial Period. If you do not purchase the Services
by the end of the Trial Period, your Content will no longer be available to you. To
be very clear, after using the Services during the Trial Period, if you decide not to
purchase the full version of the Services, you will not be able to access or retrieve
any of the data you added/created during the Trial Period.
9. Payment
If you purchase any services that we offer for a fee, you agree to thinkrelativity
storing your payment card information. You also acknowledge that the Services are
subject to this Agreement and any additional terms related to the provision of the
Agreement. You further agree to pay the applicable fees for the Premium Services
(including, without limitation, periodic fees for premium accounts) as they become
due plus all related taxes, and to reimburse us for all collection costs and interest
for any overdue amounts.
10. Taxes
The User takes full responsibility for all taxes and fees of any nature associated
with Services used or products purchased. thinkrelativity shall not be liable for any
taxes or other fees to be paid in accordance with or related to purchases made from
or by the User or through the Services.
11. Termination
Services may be terminated by either party, without cause, by giving the other party
three (3) days written notice. Notwithstanding the above, thinkrelativity may terminate
Services at any time, without penalty and without notice, if the User fails to comply
with any of the terms of this Agreement or the intellectual property protections
applicable to these Services. Notice of termination of Services by thinkrelativity may
be sent to the contact e-mail associated with User's account. Upon termination,
thinkrelativity has the right to delete all data, files, or other information that is
stored in the User's account.
Futher, we may modify, replace, refuse access to, suspend or discontinue the Services,
partially or entirely, or add, change and modify prices for all or part of the
Services for you or for all our users in our sole discretion. All of these changes
shall be effective upon their posting on the Site or by direct communication to you
unless otherwise noted. We further reserve the right to withhold, remove and or
discard any content available as part of your account, with or without notice if
deemed by us to be contrary to this Agreement. For avoidance of doubt, thinkrelativity
has no obligation to store, maintain or provide you a copy of any content that you or
other users provide when using the Services.
12. ERRORS AND ACCESS TO SITE
YOU ARE RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT
WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT
DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND
ELECTRONIC PAYMENT PROCESSING. THINKRELATIVITY WILL NOT BE HELD RESPONSIBLE FOR
INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU
FURTHER UNDERSTAND THAT THINKRELATIVITY MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS
THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
13. Links to Third Party Websites; No Implied Endorsement
The Site may contain links to other websites owned by third parties. Please note
that when you click on any of these links, you are entering another website for which
we have no responsibility or control. You agree that we shall not be responsible for
any loss or damage of any sort incurred as a result of any such links or as the result
of the presence of such links on the Site. In no event shall any reference to any
third party, third party website or third party product or service be construed as an
approval or endorsement by us of that third party, third party website or of any
product or service provided by a third party.
14. DISCLAIMER OF WARRANTY
ACCESS TO THE SERVICES AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR
DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS”
AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THINKRELATIVITY AND ITS LICENSORS DISCLAIM
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER
THINKRELATIVITY NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE
SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THINKRELATIVITY OR ITS LICENSORS
MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY,
COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE
SERVICES, THE CONTENT, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY
AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE
AND YOUR RELIANCE UPON THE CONTENT, SERVICES, MATERIALS AND TECHNOLOGY AVAILABLE
ON OR THROUGH THE SITE IS AT YOUR SOLE RISK.
IN ADDITION, THINKRELATIVITY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR
WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS
OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR
MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT
INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF TAX,
LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE.
YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, THINKRELATIVITY AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES
THAT THINKRELATIVITY OR THE CONTENT OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY
AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL
GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR ANY MATERIALS OR
TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OUTSIDE AUSTRALIA, YOU ARE SOLELY
RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION
EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER THINKRELATIVITY NOR ANY
THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT SITE, ITS SERVERS OR
ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION
WITH YOUR USE OF THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH
THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY,
MALPRACTICE OR OTHERWISE, EVEN IF THINKRELATIVITY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU HEREBY RELEASE THINKRELATIVITY AND HOLD THINKRELATIVITY AND ITS
PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES,
AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS,
DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL,
SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THE SERVICES,OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. YOU WAIVE THE
PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
17. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE TECHNOLOGY
AVAILABLE ON OR THROUGH SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS
TO CEASE USING THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE
SITE. UNDER NO CIRCUMSTANCES SHALL THINKRELATIVITY, ITS AFFILIATES, OR LICENSORS BE
LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR TECHNOLOGY
AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR MATERIALS, ANY INFRINGEMENT BY THE CONTENT OR MATERIALS,
AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD
PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
THE SITE, THE SERVICES, OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE.
18. Indemnification
You agree to indemnify, hold harmless, and defend thinkrelativity and its licensors,
suppliers, officers, directors, employees, agents, affiliates, subsidiaries,
successors and assigns (collectively "Indemnified Parties") from and against any and
all liability, loss, claim, damages, expense, or costs (including but not limited to
attorneys' fees), incurred by or made against the Indemnified Parties in connection
with any claim arising from or related to the use of the Services through your account
or any of the Content, or technology available on or through the Site, or any breach
or violation of this Agreement by you or anyone utilizing your account. You agree to
fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified
Party may assume the exclusive defence and control of any matter for which it is
indemnified hereunder. You shall not settle any matter without the consent of the
applicable Indemnified Party.
19. Amendments
We reserve the right, in our sole discretion, to modify or replace any part of this
Agreement at any time. It is your responsibility to check this Agreement periodically
for changes. Your continued use of or access to the Services following the posting of
any changes to this Agreement constitutes acceptance of those changes. We may also,
in the future, offer new services and/or features through Site (including, the release
of new tools and resources). Such new features and/or services shall be subject to
the terms and conditions of this Agreement.
20. Disputes
The formation, interpretation and performance of this Agreement and any disputes
arising out of it shall be governed by the substantive and procedural laws of the
state of New South Wales, in the country of Australia, without regard to its rules
on conflicts or choice of law and, to the extent applicable, the laws of Australia.
The exclusive jurisdiction and venue for actions related to the subject matter hereof
shall be the state and federal courts located in Sydney, New South Wales, and you
hereby submit to the personal jurisdiction of such courts. You hereby waive any right
to a jury trial in any proceeding arising out of or related to this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods does
not apply to this Agreement.
21. Privacy
We encourage you to read the Privacy Policy, and to use the information it contains
to help make informed decisions. Please also note that certain information,
statements, data, and content (such as photographs) which you post to the Site are
likely to reveal your gender, ethnic origin, nationality, age, and/or other personal
information about you. You acknowledge and agree that your submission of such
information is voluntary on your part. Further, you acknowledge, consent and agree
that we may access, preserve, and disclose your registration and any other
information you provide if required to do so by law or in a good faith belief that
such access preservation or disclosure is reasonably necessary in our opinion.
Disclosures of user information to third parties are further addressed in the
Privacy Policy.
21. Other
You acknowledge that a violation or attempted violation of any of this Agreement
will cause such damage to thinkrelativity as will be irreparable, the exact amount of
which would be impossible to ascertain and for which there will be no adequate remedy
at law. Accordingly, you agree that thinkrelativity shall be entitled as a matter of
right to an injunction issued by any court of competent jurisdiction, restraining
such violation or attempted violation of these terms and conditions by you, or your
affiliates, partners, or agents, as well as to recover from you any and all costs
and expenses sustained or incurred by thinkrelativity in obtaining such an injunction,
including, without limitation, reasonable legal fees. You agree that no bond or other
security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief,
or to enjoin or restrain the operation of thinkrelativity, the exploitation of any
advertising or other materials issued in connection therewith, or the exploitation of
the Site or any content used or displayed through the Site.
22. Miscellaneous
- If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Agreement, it will not be considered a waiver.
- Any amendment to or waiver of this Agreement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- This Agreement does not confer any third party beneficiary rights.
- A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.sportsstuff.org.au (and.net.au), its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by thinkrelativity Pty. Ltd. ('thinkrelativity', 'we', or 'us').
- If by some error, technological or otherwise, a User has not been asked to agree to these terms before creating a User account, that will be no exemption to this Agreement and it will be assumed to be in force.
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