Pirates Terms of Service
1.1. Pirates Website: www.PiratesBC.com, its directories, sub-directories, contents and any associated sites, links and web-pages. (“Website”)
1.2. User: Any individual, entity or party that directly or indirectly accesses the Website. (“User”)
1.3. Content: Any text, image, sketch, graphic, picture, photograph, video, audio, music or other media available on the Website. (“Content”)
2. Terms of Service
2.1. By accessing and or using this website you agree to abide by these Terms of Service (“Terms of Service”).
2.2. You agree to indemnify the Pirates, its members affiliates, staff, employees, agents or other partners for any damage, injury or loss resulting from the use of or access to this Website.
2.3. As a condition of your access to and use of the Pirates Website and its services, you warrant and agree that you will not use the Website or its services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or its associated services in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website or its associated services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.
2.4. You warrant that you will not modify, download, copy, distribute, transmit, or sell any information, products or services available on or obtained from the Website.
2.5. You agree not to:
2.5.1. upload, post, list, link, e-mail or otherwise transmit any Content that is or may reasonably be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, offensive, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory;
2.5.2. impersonate or attempt to impersonate any employee, contractor, agent, official, affiliate, individual or entity, of the Pirates, its subsidiaries, affiliates, clients, customers, successors or parents, or any individual or body officially connected to the Pirates;
2.5.3. utilise this Website for purposes that are or which may reasonably be construed as being unlawful or which may reasonably lead to unlawful activities;
2.5.4. allow, enable or permit others to utilise this Website for purposes which may be unlawful or which may reasonably lead to unlawful activities;
2.5.5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; and
2.5.6. upload, post, list, link, e-mail or otherwise transmit any Content that infringes any intellectual property rights, including, but not limited to, patents, trademarks, trade secrets or copyrights of any party;
2.5.7. upload, post, list, link, e-mail, transmit or otherwise disclose any Content that is considered or may reasonably be considered confidential;
2.5.8. upload, post, list, link, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
2.5.9. upload, post, list, link, e-mail or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, damage, destroy or otherwise limit or degrade the functionality of any computer software, hardware, telecommunications equipment or program;
2.5.10. disrupt the normal operation of the Website;
2.5.11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
2.5.12. download, copy, capture, acquire or otherwise obtain, possesses and or distribute any material, including, but not limited to, pictures, photographs, videos, music, designs, sketches, storyboards, screenplays and scripts, without the express permission of the Pirates;
2.5.13. intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange or statutory authority;
2.5.14. utilise this Website for purposes that are or which may reasonably be construed as, or which may reasonably lead to or be linked to the committing of an act in violation of any applicable law or regulation, including but not limited to, regulations promulgated by any securities exchange or statutory authority;
2.5.15. “stalk” or otherwise harass, threaten or intimidate any person or Internet user.
3. Third Party Software
3.1. The Pirates Website may provide links to Linked Third Party Sites and software. The Pirates shall not be responsible or liable, directly or indirectly for any software downloads available from these Linked Third Party Sites. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, the Pirates accept no liability in respect of such Third Party products and the Pirates provides no warranty and give no endorsement in respect of such products or any party connected with them.
3.2. The Pirates do not:
3.2.1. warrant the accuracy, legality, condition or safety of any external links officially listed on the Website. Users access to and or use of these external links is entirely at their own risk;
3.2.2. support or endorse the content of third party links;
3.2.3. take any responsibility for the content of third party links.
3.3. The Product and Service information displayed on this Website is general information about the products and services offered by the Pirates.
3.4. Unless expressly stated otherwise, this information:
3.4.1. does not constitute advice or
3.4.2. does not constitute an offer or inducement to enter into a legally binding contract; and
3.4.3. does not form part of the terms and conditions for any Pirates Product or Service.
4.1. The Pirates have made every reasonable effort to ensure that the information presented in the Pirates Website is free from errors, omissions and is suitable for your intended use. However, the Pirates do not warrant the accuracy, adequacy or completeness of any Content on this Website. All information is subject to change without notice.
4.2. The Pirates do not guarantee that the Pirates Website or any Linked Third Party Website will be free from viruses, or that the access to the Website or Linked Third Party Websites will not be interrupted.
4.3. You expressly understand and agree that your use of the Website is at your sole risk and that the Pirates Website is provided on an “as is” and “as available” basis.
4.4. The Pirates make no warranty that:
4.4.1. the Website will meet your requirements;
4.4.2. the Website will be uninterrupted, timely, secure, or error-free;
4.4.3. the results that may be obtained from the use of the Website will be accurate or reliable;
4.4.4. the quality of any products, services, information or other Content obtained by you through the Pirates Website will meet your requirements or expectations;
4.4.5. any Content downloaded or otherwise obtained through the use of the Pirates Website is free of errors, omissions or malicious software.
5. Limitation of Liability
5.1. Other than any responsibilities implied by law which cannot be excluded, you agree to indemnify and hold the Pirates, its members, affiliates, staff, employees, agents or other partners harmless from any claim or demand, including reasonable legal fees, whatsoever arising out of or referable to Material on this Website or to any Linked Third Party Material, whether in contract, tort including negligence, statute or otherwise.
5.2. Liability of the Pirates for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at the Pirates option, to:
5.2.1. the supply of the goods or services;
5.2.2. the repair of the goods, or
5.2.3. the payment of the cost of having the goods or services supplied again or repaired.
6. Modifications to Website
6.1. The Pirates reserve the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Pirates Website (or any part thereof) with or without notice. You agree that the Pirates shall not be liable to you or any Third Party for any modification, suspension or discontinuance of the Website.
7.2. You also agree that the Pirates are not liable to you or any Third Party for any termination of your access to the Pirates Website.
8. Copyright and Trademarks
8.1. The Content of the Pirates Website is owned and or licensed by the Pirates who reserve all rights, including copyright under the Copyright Act 1968 (Cwth.) of all material on this website. The material includes information, text, music, material designs, logos, insignia, graphics and other images or other works or subject matter and any other form of Content and may not be re-written, framed, linked, copied, re-sold, re-distributed or transmitted in any form by any process, or otherwise used without the prior specific written permission of the Pirates.
8.2. A single copy of this document may be downloaded for your reference as a single hardcopy.
9.1. You acknowledge and accept that your use of the Pirates Website indicates your Acceptance of these Terms of Service.
9.2. The information in the Pirates Website is current at the date of publication but may be subject to change. Notice of any other change to these Terms of Service will be given no later than the day the change takes effect.
9.3. Such notice may be, but not limited to, by notification on the Pirates Website, in writing, by newspaper advertisement.
9.4. Notice of any change is deemed to be accepted by you.
10.1. All information and services contained within the Pirates Website is governed by the laws of the Commonwealth of Australia and the Australian Capital Territory.
11. Assignment by the Pirates
11.1. The Pirates may assign this agreement in whole or part to any person.
12. Reservation of Rights
12.1. The Pirates reserve any rights not expressly granted in these Terms of Service.
13. Current Version