Terms of Service

The following are terms of a legal agreement (“Agreement”) between you and SpunkX (“this website”). By accessing, browsing and/or otherwise using this website, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. You must be at least eighteen (18) years of age or older to use this website. If we discover or have any reason to suspect that you are not at least eighteen (18) years of age, then we reserve our right to suspend or terminate your access to this website immediately and without notice.

If you do not agree to all of these terms and conditions, you may not access, browse and/or use this website. The material provided on this website is protected by law, including, but not limited to, United States copyright law and international treaties.

These terms of access apply to your access to and use of this website and do not alter in any way the terms and conditions of any other agreement you may have with this website for products, software, services or otherwise, unless otherwise directed by this website. If you breach any of these terms and conditions, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this website.

Copyright

All website materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of this website, or by the original creator of the material. Permission is granted to display and use the materials on this website for private personal entertainment, educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this website for commercial use without prior written approval of this website. You may not “mirror” any material contained on this website on any other server without prior written permission from this website. Any unauthorized use of any material contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks

The trademarks, service marks, trade names and logos (the “Trademarks”) used and displayed on this website are registered and unregistered Trademarks of their respected owners. In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of this website, and may not be copied, imitated or used, in whole or in part, without the prior written permission of this website. You acknowledge that the Trademarks used and displayed on this website are and shall remain the sole property of this website or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on this website, without the express written permission of this website or the Trademark owner. The misuse of the trademarks displayed on this website, or any other Content on this website, is strictly prohibited.

Hyperlinks

You are granted a limited, nonexclusive right to create a hypertext link to this website provided that such link is to the entry page of this website and does not portray this website or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any website trademark, logo or trade name or other proprietary information including the images found at this website, the Content of any text or the layout/design of any page or any form contained on a page without this website’s express written consent.

Links to third party sites on this website are provided solely as convenience to you. If you use these links, you will leave this website. This website has not reviewed all of these third party websites and does not control and is not responsible for any of these websites, their Content or their policies, including, without limitation, privacy policies or lack thereof. This website does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk. You acknowledge and agree that this website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

Downloadable Materials

Any software, including codes or other materials that are made available to download from this website, is the copyrighted work of this website and/or its suppliers and affiliates. If you download software from this website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of this website in the case of codes or other downloadable materials.

Limited Access

Except as otherwise expressly permitted by this website, any access or attempt to access other areas of this website’s computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the pages on this website or the Content contained therein without this website’s prior, express, and written permission.

You will not spam or send unsolicited e-mail to any other user of this website for any reason.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure.

Additional Use Restrictions

You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by this website (the “Services”) which, in the sole judgment of this website: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other unauthorized photos or software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to its use of the Services. In addition, you may only use the Services in a manner that, in this website’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the owner of this website using the online form on the contact page.

By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

  • upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable.

  • impersonate any person or entity, including, but not limited to, a website official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

  • upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

  • upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;

  • upload, post, e-mail or otherwise transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • disrupt the normal flow of user interaction, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

  • ‘stalk’ or otherwise harass another user of this website or website official;

  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;

  • effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access; and

  • copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of any other software this website provides for use by its visitors.

Unscreened Content

You acknowledge that we do not pre-screen material posted or transmitted on the Service, but that we and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Service, including but not limited to post comments. Without limiting the foregoing, we and our designees shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of this website, its users or the public.

You understand and agree that this website may review and delete any content, messages, double-blind emails, comments, in each case in whole or in part, that in the sole judgment of this website violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Visitors.

Disclaimer Warranty

This website, including all software, functions, materials, and information is provided “as is” without warranties of any kind, either express or implied. This website disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational Content. This website does not warrant or make any representations regarding the operation of this website, the use, validity, accuracy or reliability of, or the results of the use of the materials on this website or any other sites linked to this website. The materials of this website may be out of date, and this website makes no commitment to update the materials at this website. This website does not and cannot guarantee or warrant that the files available for downloading from this website, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. This website does not warrant that this website, software, materials, products, or services will be uninterrupted or error-free or that any defects in this website, software, materials, products, or services will be corrected.

Limitation Of Liability

In no event will this website, its suppliers or other third parties mentioned at or in this website be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this website, any websites linked to this website, the materials, software or other information contained in any or all such websites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

Revisions To This Agreement

This website may revise this Agreement at any time without notice by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this website and page to determine the then current Terms of Access and Use conditions of use to which you are bound.

Transmissions

Any idea you transmit to or post on this website by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by this website or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

Your Warranties

You warrant to this website that:

You are eighteen (18) years of age or older and all information and details provided by you to this website are true, accurate and up to date in all respects and at all times, and;

You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that this website will own the compilation copyright in that database. In addition, you hereby grant this website a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publically display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither this website nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.

You will comply with these Terms of Service and Use including, without limitation, the User Restrictions set out above.

You agree to indemnify and hold this website harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms of Service and Use by you or your violation of any law or the rights of any third party.

Actions We May Take At Our Sole Discretion

This website may take any or all of the following actions at our sole discretion:

  • Remove any visitor comment (including photographs) or other material that, in our sole discretion may be inappropriate or we suspect to be illegal, subject us to liability or which may violate these Terms of Service and Use or where required to do so by law;

  • Issue Visitors with verbal or written warnings and may take such further action as we deem appropriate if such warnings are not heeded;

  • Suspend or terminate a member’s access to certain sections of this website without notice at any time;

  • Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or bring legal action against a member or other user of this website in relation to any breach of these Terms of Service and Use or any illegal or suspected illegal activity.

Notice of Copyright Infringement

This website respects the intellectual property rights of others. If you believe that your work is being used on our website in a manner that constitutes copyright infringement, please notify our Copyright Administrator in writing. Pursuant to the Digital Millennium Copyright Act, we will, upon receiving effective written notification of such a claim, promptly remove or disable access to material on this website that is claimed to be infringing or to be the subject of infringing activity. To be effective, the notification must include the following information:

  • Identification of each copyrighted work that you claim to have been infringed.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material.

  • Your mailing and e-mail addresses and your telephone and fax numbers, so that we can contact you.

  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.

  • A statement by you that the information in the notification is accurate, and that, under penalty of perjury, you either are the copyright owner or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The notification must include the physical signature of the copyright owner or of a person authorized to act on behalf of the copyright owner.

Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.

Cooperations With Law Enforcement

This website reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing this website to disclose the identity or other information regarding any Visitor alleged by any governmental entity to be using this website or any Content or materials available in, at, through or in association with this website in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THIS WEBSITE FROM ANY CLAIMS RESULTING FROM ANY ACTION BY THIS WEBSITE DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THIS WEBSITE OR LAW ENFORCEMENT AUTHORITIES.

Applicable Laws, Venue, Jurisdiction and Mandatory Arbitration

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This website’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by this website in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by this website. This Agreement may not be assigned in any manner by you without the express, prior written permission of this website.

Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in New South Wales. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court or competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of New South Wales.

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