Terms of Use
OVERVIEW
Welcome to foxgraphix.com.au, the site for FOX GRAPHIX (hereinafter the “Website”). The Website is operated and owned by Fox Graphix, (hereinafter “FOX GRAPHIX”).
The following terms and conditions (hereinafter the “Terms of Use”) apply to you as visitor to or user of the Website (hereinafter “you”). By using this Website, you agree to be bound by these Terms of Use, which may be modified by FOX GRAPHIX at any time and posted on this Website. In the event of a violation of these Terms of Use, FOX GRAPHIX reserves the right to seek all remedies available by law and in equity.
By accepting these Terms of Use through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you do not fulfil these requirements you may not use this Website.
You understand that by using this Website or any services provided on this Website, you may encounter content that may be deemed by some, including you, to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that FOX GRAPHIX shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
INTELLECTUAL PROPERTY RIGHTS
FOX GRAPHIX and the other respective owners of the intellectual property rights associated with or displayed on the Website retain all rights regarding their intellectual property rights, such as designs, patents, trademarks, trade names, brand names and trade dress.
The trademark FOX GRAPHIX and associated logos are example of trademarks, of which most are registered, of FOX GRAPHIX.
The Website and all of its content, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, “Materials”) are protected by national and international copyright laws and treaties. All Materials are provided by FOX GRAPHIX as a service to you as a current and/or prospective customer and may be used by you only for your personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in FOX GRAPHIX Materials is conveyed to you. This is a limited license, not a transfer of title of any Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without FOX GRAPHIX prior written permission; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any copying of the Materials.
Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. FOX GRAPHIX may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by FOX GRAPHIX.
Any misuse of the intellectual property rights, including but not limited to trademarks and copyrighted materials, displayed on the Website is strictly prohibited and FOX GRAPHIX will enforce its intellectual property rights to the fullest extent of the law, including reserving the right to seek civil remedies and criminal prosecution.
FOX GRAPHIX has a strict policy regarding third-party use of FOX GRAPHIX trademarks or names in metatags hidden text or ad keywords. More specifically, the unauthorized use of FOX GRAPHIX trademarks or names in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines may constitute infringements in FOX GRAPHIX rights and/or unfair competition.
Linking to the Website is prohibited absent express written permission from FOX GRAPHIX. Furthermore, framing, inline linking or other association of the Website or its Materials with links, advertisements and/or other information not originating from FOX GRAPHIX is expressly prohibited.
PRODUCT, CONTENT AND SPECIFICATIONS
All features, content, specifications, products, and prices of products described on this website are subject to change at any time without notice. Certain measures and descriptions are approximate and are provided only for your convenience. FOX GRAPHIX makes all reasonable efforts to accurately display the attributes of its products, including the applicable colours. The actual colour you see, however, may depend on your computer system and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
LINKING
Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third-Party Sites also may provide links to the FOX GRAPHIX Website. None of such links should be deemed to imply that FOX GRAPHIX endorses the Third-Party Sites or any content therein.
FOX GRAPHIX does not control and is not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third Party Sites is at your own risk and FOX GRAPHIX will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.
DISCLAIMER OF WARRANTY
YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FOX GRAPHIX NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER FOX GRAPHIX, NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL FOX GRAPHIX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF FOX GRAPHIX IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD FOX GRAPHIX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS OF USE.
JURISDICTION
FOX GRAPHIX controls this Website from its offices in Maroochydore, Australia. FOX GRAPHIX does not imply that the materials published on this Website are appropriate for use outside of the AU. If you access this Website from outside of the AU, you do so on your own initiative and you are responsible for compliance with local laws.
YOUR COMMUNICATIONS AND SUBMISSIONS
FOX GRAPHIX shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques contained in any communication you send to the Website, including but not limited to any posted content or submit material, (“User Submissions”) for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, FOX GRAPHIX does not guarantee any confidentiality with respect to any User Submissions.
You are solely responsible for your own User Submissions and the consequences of publishing them on the Website if FOX GRAPHIX chooses to publish them once submitted. FOX GRAPHIX reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
FOX GRAPHIX does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the Website. You grant FOX GRAPHIX the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify FOX GRAPHIX and its affiliates for all claims resulting from any Comments you submit.
FOX GRAPHIX and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated submissions may be posted on this Website, the posting of those submissions does not constitute FOX GRAPHIX endorsement of those submissions. FOX GRAPHIX is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated submissions.
WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of FOX GRAPHIX system or network security using any of the means above may result in civil and/or criminal liability. FOX GRAPHIX will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from FOX GRAPHIX and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, or Mozilla Firefox).
PROHIBITED USES OF WEBSITE AND SERVICES
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer or of the Website; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including FOX GRAPHIX and FOX GRAPHIX employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of FOX GRAPHIX, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or FOX GRAPHIX related services and products.
In addition to any remedies that FOX GRAPHIX may have at law or in equity, if FOX GRAPHIX so determine, in FOX GRAPHIX sole discretion, that you have violated or are likely to violate the foregoing prohibitions, FOX GRAPHIX may take any action FOX GRAPHIX deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. FOX GRAPHIX will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
REGISTRATION, ACCOUNTS AND PASSWORDS
You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to FOX GRAPHIX.
NOTICE
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. FOX GRAPHIX will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that FOX GRAPHIX provides to you electronically satisfy any legal requirement that such communications be in writing.
PRIVACY POLICY
FOX GRAPHIX is committed to protecting the privacy of the visitors to this Website. For information on how information is collected, used, or disclosed by FOX GRAPHIX in connection with your use of this Website, please consult FOX GRAPHIX Privacy Policy.
NO OTHER AGREEMENTS
The provisions and conditions of these Terms of Use, the Privacy Policy, and the Use of Cookies constitute the entire agreement between you and FOX GRAPHIX related to the use of this Website and supersedes any prior agreements or understandings not incorporated in the Terms of Use, Privacy Policy, and the Use of Cookies.
REVISIONS
FOX GRAPHIX may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. FOX GRAPHIX also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. FOX GRAPHIX may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.
NOTICE FOR INFRINGEMENT OF INTELLECTUAL PROPERTY
FOX GRAPHIX does not permit any activities on this Website that infringes on the intellectual properties of others, including but not limited to copyright, trademark, or patent. FOX GRAPHIX may remove any content of any kind that a user posts to this Website (“Comments”). At its sole discretion, FOX GRAPHIX may limit or permanently terminate a user account for any reason. For instance, FOX GRAPHIX may limit a user’s ability to submit Comments if such comments infringe another’s copyright, or may terminate a user’s account for egregious or repeated infringing conduct on the Website.
If you are the owner of an intellectual property or an agent for such owner and believe that any Comments on this Website by third parties infringes upon your rights, you may notify FOX GRAPHIX by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
- A clear and concise identification of the intellectual property right being infringed;/li>
- Identification of the Comment(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit FOX GRAPHIX to locate the same;/li>
- Information reasonably sufficient to permit FOX GRAPHIX to contact you, such as an address, telephone number, and, if available, an email address;/li>
- A statement that you have a good faith belief that use of the Comment(s) or material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
Our agent for notice of claims of copyright infringement can be reached as follows:
By Email:
admin@foxgraphix.com.au
If you fail to comply with any or all of the requirements above, your notice may not be valid.
Additional Assistance
If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, FOX GRAPHIX invite you to contact Customer Service Department by e-mail at admin@foxgraphix.com.au or by phone on 0431740115.