Website Terms and Conditions.
The Bowls Australia Limited (“BA”) website (“BA Website”) and all the websites within the BA network (including but not limited to those of the State and Territory Bowls Associations (collectively together, “STA”) and Clubs) shall be collectively known as the “Websites”.
These terms and conditions cover the use of the Websites. BA and STA reserve the right, at their sole discretion, to modify these terms and conditions from time to time. Use of the Websites constitutes agreement of the terms and conditions by the users of the Websites.
The Websites may provide an area, site or feature which offers the opportunity for users to publish submissions for viewing by other Website users, including but not limited to a chat area, message board or profile page ("Public Forum").
It is a condition of use of the Websites that all users are and remain solely responsible for any submissions that they publish or distribute. Persons under the age of 18 years must obtain their parents or guardians permission before submitting any content on the Websites. BA and STA can not guarantee the privacy or security of any information published or distributed through a Public Forum.
BA and STA have no duty to monitor any Public Forum, however BA and STA does reserve all rights to edit, remove or otherwise deal with any material which is published or distributed through a Public Forum or otherwise on the Websites. BA and STA are not responsible for, and do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and BA and STA specifically disclaim any and all liability in connection with any Public Forum.
Ownership of user submitted content remains with the user
BA and STA do not claim ownership rights in any text, files, images, musical works, works of authorship or any other materials (collectively, "Content") that is displayed, published, submitted or uploaded (collectively, "submitted") by you on or through the Websites. You will retain all ownership rights in such submitted Content and are responsible for protecting such rights as appropriate.
Exclusive license granted to BA
By submitting any Content on or through the Websites, you grant to each of BA and STA an unlimited exclusive license to use, copy, cache, modify, perform, publically display, reformat, translate, excerpt (in whole or in part), reproduce and distribute the Content for any purpose, whether commercial, advertising or otherwise, in connection with BA, STA or the sport of Bowls, or the promotion thereof, including the right to distribute the Content outside of the BA Website and the STA websites. This includes use of the Content in the preparation of derivative works, or incorporation into other works and the grant of sublicenses of the foregoing.
This license is irrevocable, perpetual, exclusive, fully-paid and royalty-free, sublicensable and fully transferrable and worldwide. You agree that this license includes a right for BA and STA to sublicence or make such Content available to other persons with whom BA and STA have relationships for the provision of joint services or otherwise.
To the extent permitted by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights. To the extent you retain any such moral rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights.
You represent and warrant that:
you own any Content that is submitted by you, or otherwise have the rights, power and authority to grant the licence provided in accordance with these terms and conditions;
Content submitted by you on or through the Websites does not infringe, violate or otherwise interfere with any copyright, trademark or intellectual property rights of another party including rights arising in relation to trade secrets and any moral rights;
nothing you submit on or through the Websites is libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;
the submission of Content by you on or through the Websites does not affect any privacy rights, publicity rights, trade secrets, contract rights or any other rights of any third persons;
you agree to pay for all royalties fees and other amounts owing to any person by reason of the Content submitted by you to or through the Website;
you will under no circumstances use the site or the service to send unsolicited e-mails, bulk mail, spam or other materials; harass, threaten, stalk or abuse any person or party or post any false, inaccurate or incomplete material.
BA and/or STA may, but are not obligated to, delete any Content posted on the Websites that in the sole judgement of BA and/or STA violates these terms and conditions or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. BA and STA assume no responsibility for monitoring the Websites for inappropriate Content or conduct.
BA and STA has no control over, and no duty to take any action regarding, who gains access to the Websites or the effect of its content. BA and STA take no responsibility for Content which may be considered offensive or inappropriate and BA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Websites.
Limitation of Liability
In no event shall BA or STA, or any of their officers or employees, be liable with respect to the Websites for any:
indirect, incidental, punitive, or consequential damages of any kind whatsoever;
damages for loss of use, profits, data, images, user submitted Content or other intangibles;
damages for unauthorised use, non-performance of the site, errors or omissions; or
damages related to downloading or posting Content.
BA and STA exclude all implied conditions and warranties regarding the site and the services, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of these terms and conditions to be void ("Non Excludable Condition").
To the extent permitted by law, the liability to you for any breach by BA and STA of Non Excludable Condition is limited, at BA and STA’s option (as the case may be), to supplying the services in respect of which the breach occurred again, or payment of the cost of having those services supplied again.
Content may contain links to other sites. BA and STA do not necessarily sponsor, endorse or approve of any material on such sites or the operators of such sites. BA and STA make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Content is linked.
Click here for a copy of the BA Privacy Statement.
If you wish to make a complaint about any of the Content that appears on the Websites, please send your complaint in writing to firstname.lastname@example.org.