CONDITIONS OF USE
Welcome to the web site of FunkyMates (http://www.funkymates.com.au). Use of this site is govrned by the Terms and Conditions set forth.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
The information and downloads provided by FunkyMates may be used for informational purposes only. By using, accessing or downloading materials from this web site you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the FunkyMates web site, both now and in the future. FunkyMates may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound.
If you do not agree to these Terms and Condition of Use, please do not use this web site.
RESTRICTIONS
You may view, download and copy information and materials available on this web site solely for your personal, non-commercial use. Any violation of the foregoing may result in civil and/or criminal liabilities. If you wish to use any of the information provided on this web site, please contact funkymates@optusnet.com.au
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials including patterns, news items, product descriptions, FAQs and images available on or from this web site are the copyrighted works of FunkyMate (unless otherwise stated), and any unauthorised use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.
LINKS TO OTHER WEB SITES
As a convenience and to make the FunkyMates web site truly service oriented we may at a later date include other links to complementary sites on the Internet. These sites are owned and operated by third parties. FunkyMates makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the FunkyMates web site is not an indication that FunkyMates endorses the third party or its site, or has any affiliation with or between FunkyMates and the third party hosting site.
FEEDBACK
All comments, feedback, information or materials submitted to FunkyMates through or in association with this web site shall be considered non-confidential and FunkyMates property. By submitting such comments, information, feedback, or materials to FunkyMates, you agree to a no-charge assignment to FunkyMates of worldwide rights to use, copy, modify, display and distribute the submissions. FunkyMates may use such comments, information or materials in any way it chooses in an unrestricted basis. FunkyMates is not responsible for the content of submissions.
DISCLAIMER
The FunkyMates team strives to provide you with useful, accurate, and timely information on this web site. Accordingly, FunkyMates has attempted to provide accurate information and materials on this web site but assumes no responsibility for the accuracy and completeness of that information or materials. FunkyMates may change the content of any information or materials available at this web site, or to the products described in them, at any time without notice. However, FunkyMates makes no commitment to update the information or materials on this web site which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of FunkyMates. Neither FunkyMates, nor its owner, officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on FunkyMates web site. FunkyMates reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this web site.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND FUNKYMATES DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL FUNKYMATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
TERMINATION OF USE
FunkyMates may, in its sole discretion, terminate or suspend your access to all or part of the FunkyMates web site, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Australia, exclusive of its choice of law principles. The Australian courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
GENERAL PROVISIONS
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and FunkyMates concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding FunkyMates Terms and Conditions, please email: funkymates@optusnet.com.au
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