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Boostcruising.com is an automotive enthusiasts website predominantly serving an Australian community.
By you registering as a
member of Boostcruising.com, an agreement is created between you and us
evidenced by the Service Terms and you become legally bound to observe the
Service Terms. You also become entitled to use the services available from this
site (Boostcruising.com Services), subject to the Service Terms.
Eligibility:
In order to register as a
member of Boostcruising.com, you must be at least 13 years old. By registering
as a member you represent that:
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you are at
least 13 years old and have the capacity to agree to and be bound by these
Service Terms;
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you will use
the Boostcruising.com Services in a manner consistent with their intended
purpose and will otherwise observe these Service Terms;
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there is no
reason why you may be prohibited from using the Boostcruising.com Services.
Posting Content:
You agree that you are
solely responsible for the information, images and other material (Content)
which you post or upload to this site (post) or transmit to another member using
the Boostcruising.com Services.
Any Content that you post to this site must only relate to you and no other
person and must not contain information which will allow others to identify you
(except for photographs of yourself), such as your true name, address, phone
number, email address, ICQ number, MSN Contact and URL.
If you post Content to this site or transmit Content to another member using the
Boostcruising.com Services you agree that such Content will not:
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be offensive
in nature or regarded as offensive in nature to the wider community such as
obscene or sexually explicit images, offensive language or material which
expresses or incites racism, bigotry, hatred or vilification, whether in
respect of any individual, group, nationality or otherwise;
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threaten,
harass or abuse, or incite others to threaten, harass or abuse, members or
other persons;
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involve the
transmission of junk mail, chain letters or spamming;
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contravene any
law or promote unlawful activities or otherwise provide information about
unlawful activities;
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contain
information, images or other material which is defamatory, libellous or a
breach of another person’s privacy;
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contain
information, images or other material which you know is false or misleading;
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infringe the
intellectual property rights of another person such as copyright, trade
marks, trade secrets, confidential information and other proprietary rights;
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promote the
commercial activities of yourself or others including the offer or sale of
any products or services or the promotion or offer of securities;
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solicit funds
from other members;
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promote
another web site or introduction service;
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contain any
virus or trojan horse or anything else which may cause any malfunction of or
damage to this site, the Content of other members posted to this site or the
software or equipment of Boostcruising.com or other members.
Removal of Content:
Boostcruising.com may remove
from this site or hide from public view any Content posted which, in the
absolute discretion of Boostcruising.com, is in breach of these Service Terms or
may offend or breach the rights of other members or other persons or otherwise
may hinder the efficient operation or use of the Boostcruising.com Services.
Member Communications:
You acknowledge that:
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it is
difficult to verify that persons with whom you communicate online are in
fact who they claim to be and that such people have a genuine purpose in
communicating with you; and
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communications
made through the internet may not be secure,
and you agree that
you will use care in communicating with others using the Boostcruising.com
Services, particularly in relation to information, images and other material
which you may wish to disclose in your communications.
If you receive correspondence from another member through the Boostcruising.com
Services, such correspondence should be treated as confidential and must not be
disseminated or published without the prior consent of the person from whom the
correspondence is received.
If another person who you have contacted using the Boostcruising.com Service
requests that you cease communication with them you must respect their wishes
and cease communication with them.
Proprietary Rights in
Site:
The proprietary rights in
this site and the information, images and material within it (other than Content
posted by members) including the trademarks and business names of
Boostcruising.com and the copyright in the design and layout of this site, is
owned by Boostcruising.com. Except as expressly permitted by Boostcruising.com,
you must not copy, modify, disseminate, publish or otherwise purport to own or
dispose of any such proprietary rights.
Rights to use Content:
By posting Content to this
site you represent and agree that:
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you own that
Content;
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Boostcruising.com is irrevocably granted the right to use, copy, modify,
incorporate in other works, disseminate and publish such Content for the
purposes of the Boostcruising.com Services; and
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each other
member may use and copy such content for personal purposes only.
Security:
Your Boostcruising.com
membership account should only be accessed by you. You should not provide your
membership account or password details to others.
Disputes Between Members:
Boostcruising.com accepts no
responsibility for mediating or resolving disputes between members.
Links:
This site may at times
contain links to other web sites. Such links are not an endorsement by us of
those other web sites nor do we have any control over or responsibility for
those other web sites. Members should read the terms of use and privacy
statements on linked web sites before using the services provided by them.
SMS Service Use:
The Premium SMS service for the number [service number] is provided
to allow registered members of Boostcruising.com to perform the following
functions:
1.
Subscribe to a monthly recurring “Gold
Membership” with Boostcruising.com via the subscription forms or via SMS with "GOLD " in the message.
2.
Confirmation SMS's are used to verify online form subscription requests, and will be sent to your mobile phone at no
cost.
3.
Request content, such as wallpapers, ring tones
and notification alerts via return SMS and/or WAP Push via the website.
4.
Unsubscribe / Cancel “Gold Membership” with
Boostcruising.com by replying to an SMS with the word 'STOP'.
SMS Service Functions:
The SMS Service allows a registered user of Boostcruising.com to begin a "Gold
Member" subscription by sending a request via SMS from their mobile phone to
[service number]. Upon receipt of a correctly formed subscription request via
SMS, the sender's registered account on Boostcruising.com will be upgraded to
"Gold Member" status. A successful subscription will be confirmed via a return
SMS and will continue to be confirmed once per month until cancelled.
Boostcruising.com "Gold Members"
are entitled to receiving content from the website to their mobile phone by
sending correctly formed content requests via SMS at a cost of 25c (inc GST). The
type of content available include (but not limited to) images, wallpapers,
movies and ringtones, which will be provided via a return "WAP-Push" formed SMS.
SMS Service Costs:
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Boostcruising.com "Gold
Membership" will be charged at $6.00 (ex GST) per month to your mobile phone bill via a subscription confirmation SMS to your
mobile phone monthly.
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Mobile Content,
Subscription and Notification requests from your mobile phone will be
charged at 25c (inc GST) per SMS received by Boostcruising.com.
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SMS messages to
your mobile phone from non-subscription related requests (such as Mobile
Content, Subscription and Notification requests) will be sent via WAP-Push
and/or SMS at no cost.
No Warranties:
Boostcruising.com provides
the Boostcruising.com services without any warranty that they will be error or
interruption free or that they are fit for their intended purpose. To the extent
permitted by law all warranties implied by law are excluded. Members use the
Boostcruising.com Services at their own risk.
Limited Liability:
You agree that
Boostcruising.com’s entire liability to you in connection with any service
provided by Boostcruising.com shall be limited to any fees that have been
collected by Boostcruising.com.
Indemnity:
You agree to release,
defend, indemnify and hold harmless Boostcruising.com, and its contractors,
agents, employees, offices, directors, shareholders and affiliates from and
against any losses, damages or costs, including reasonable attorney's fees,
resulting from any claim, action, proceeding, suit or demand arising out of or
related in any way to your account with Boostcruising.com and/or your use of any
services provided by Boostcruising.com.
Disclaimer:
Boostcruising.com is not
responsible for the Content which members post to this site or transmit to other
members. You acknowledge and agree that we cannot control the use by others of
this site, Content posted on this site or the private communications of members
using the Boostcruising.com Services nor can we verify the accuracy of Content
which has been posted on this Site or transmitted to you as a result of use of
the Boostcruising.com Services by others.
While Boostcruising.com reserves the right to monitor Content posted on the
site, it has no obligation to do so nor does it have any obligation to ensure
that members comply with these Service Terms or to review any communication
between members utilizing the Boostcruising.com Services.
To the fullest extent permitted by law, Boostcruising.com will not be
responsible or liable for:
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any loss or
other damage including but not limited to incidental, indirect,
consequential, special or other damage suffered or incurred by a person
using this site or the Boostcruising.com Services; or
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the acts or
omissions of members or other users of this site including in the case of
other members, the breach of these Service Terms; or
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any error or
interruption in the provision of, or the failure of the Boostcruising.com
Services,
and you waive all claims and rights which you may otherwise have had
arising out of such matters.
Privacy Terms:
Please see our Privacy Policy for the manner in which we gather use and update
personal information concerning our members:
Term:
If you become a
Boostcruising.com member your membership will continue until the earlier of:
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you notifying
us that you wish to cease membership of Boostcruising.com; and
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the date we
notify to you (determined in our absolute discretion and with or without
cause) as the date on which your membership of Boostcruising.com will cease
pursuant to these Service Terms.
If you breach any
of these Service Terms then we may at any time and without prior notice:
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suspend or
terminate your membership, in such case you will not be entitled to a refund
of any unused membership fees; and/or
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remove from
this site or hide from public view any Content posted by you which fails to
comply with these Service Terms.
Boostcruising.com will not be liable to you for the termination or
suspension of your membership or if it removes from this site or hides from
public view any Content which you post on this site and you waive all claims and
rights which you may otherwise have had arising out of such action.
Variation:
Boostcruising.com may vary these Service Terms by posting on this site
notice of the variation in these Service Terms and such variation will take
effect on the date 7 days (or such other period specified by Boostcruising.com
in the notice) after such notice is posted on this site. Members are responsible
for reading and keeping themselves up to date in relation to any changes to
these Service Terms posted on this site.
Boostcruising.com may also:
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alter, suspend
or discontinue the Boostcruising.com Services or any aspect or feature of
them; or
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restrict a member’s access to or use of the Boostcruising.com Services or
any aspect or feature of the Boostcruising.com Services, at any time and
without any liability to you.
Communication with you:
We may at times need to communicate with you regarding the
Boostcruising.com Services or your use of them. In such case we will communicate
with you through the email address you have provided to us. You will advise us
of any changes in that email address.
Communication with us:
These Service Terms are governed by the laws of Queensland, AUSTRALIA.
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