Welcome to www.deadbeatmag.com (the “Site”). Thank you for visiting the Site. While we hope you enjoy the Site, it is important that you carefully read the following Terms and conditions of Use (“Terms”) before using the Site, because if you visit or shop at the Site, you accept these conditions. If you do not agree to be bound by all of these Terms, do not use the Site.
(a) Ordering Merchandise, and Physical Goods
You need a valid credit card with full authority to use it, to submit an order for merchandise or other products or services through the Site. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorisation to do so. You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Site.
All prices listed on the Site are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and we cancel your order, we shall issue a refund to your credit card account in the amount of the charge.
Please note that the colours of items and products may depend on your monitor and may not be correctly displayed. We have made every effort to ensure product photographs, description and details listed on the site are accurate. However, slight differences in colour and texture may occur. Please note all measurements are approximate.
Please keep in mind that while we might offer a variety of merchandise and other products and services for sale on the Site, we cannot guarantee availability at a particular time; and certain merchandise might not be available on the Site. We reserve the right to change our merchandise and other products and service offerings at any time.
(e) Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will place your order on back order or (c) you can select another item off the site of equal or lesser value as a substitute.
(f) Payment Terms
For each product or service that you order on the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. DEADBEAT will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
(g) Sales Taxes
Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Australia in accordance with our order policy in effect at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges, on orders shipped outside of Australia.
(h) Return Policy
All sales from the Site are final. No refunds or exchanges are available for change of mind. We cannot refund or exchange used or customer damaged items.
The Site may contain or offer promotions, which may be governed by a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
3. Ownership of Site Materials
The Site (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; digital media offered by streaming; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by DEADBEAT, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by DEADBEAT, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for DEADBEAT and/or its, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way DEADBEAT’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of DEADBEAT’s rights therein, or in breach of, any terms and conditions contained in this Terms.
The entire contents of the Site (including the Materials) are copyrighted under Australian copyright laws and/or similar laws of other jurisdictions. Without limitation, DEADBEAT owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of DEADBEAT, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site.
4. Your License to Use Materials on Our Site
(a) License for Materials
(b) Prohibited Activities.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Site in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or DEADBEAT without the prior written consent of DEADBEAT.
5. Information You Submit
(a) User Content
The Site may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, and other communication and custom product functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to DEADBEAT or the Site, including, without limitation, Designs (defined below), photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
(b) Terms Applicable to User Content
Except as otherwise described under Privacy, or other agreement on the Site at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant DEADBEAT these licenses. Upon DEADBEAT’s request, you will furnish DEADBEAT any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to DEADBEAT.
(c) License to DEADBEAT for User Content
You grant to DEADBEAT the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that DEADBEAT is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or DEADBEAT, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Deadbeat the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Deadbeat the right to sub-license and authorize others to exercise any of the rights granted to Deadbeat under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Deadbeat under these Terms. You further authorize Deadbeat to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
(d) DEADBEAT’s Obligations Regarding User Content
You agree that DEADBEAT has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce it and its licensees’ licensed rights to your User Content. You further acknowledge and agree that DEADBEAT will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and DEADBEAT may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that DEADBEAT reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which DEADBEAT will not exercise editorial control except to enforce the rights of third parties when notice of such violations are directed to DEADBEAT’s attention. User Content posted may not be maintained on the Site by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that DEADBEAT is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
(e) Your Obligations Regarding User Content.
You agree that you need to evaluate, and bear all risks associated with, the use of any of the User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As DEADBEAT may not pre-screen User Content, you bear legal responsibility for others exposure to any offensive indecent or objectionable content in User Content.
All content included in or made available through any DEADBEAT site, such as text, graphics, logos, button icons, images, audio clips, and data compilations, is the property of DEADBEAT or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any DEADBEAT site is the exclusive property of DEADBEAT and protected by international copyright laws.
8. User Interactions and Disputes
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
9. Third Party Links and Content
12. Disclaimer of Warranties
The site, including, without limitation, the materials, are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, DEADBEAT and its parent, subsidiaries or affiliates and each of their employees, directors, officers, members, shareholders, agents, vendors, and contractors (collectively, the “DEADBEAT parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the site; (b) the materials on or provided through the site; (c) user content; (d) the downloadable items and embedded code; (e) the functions made accessible on or through the site; (f) any products, services or instructions offered or referenced at the site; and/or (g) security associated with the transmission of information transmitted to or from deadbeat or via the site. In addition, the DEADBEAT parties hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The DEADBEAT parties do not represent or warrant that the site or the functions contained therein will be error-free or uninterrupted; that defects will be corrected; or that the site or the server that makes the site available are free from any harmful components, including, without limitation, viruses or other malware. The DEADBEAT parties do not make any representations or warranties that the information (including any instructions) on the site is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The DEADBEAT parties do not warrant that your use of the site is lawful in any particular jurisdiction, and the DEADBEAT parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these terms.
By accessing or using the site, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the site.
13. Limited Liability
Under no circumstances will the DEADBEAT parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to (a) the site; (b) the materials; (c) user content; (d) the downloadable items and embed code (e) your use of, inability to use, or the performance of the site; (f) any action taken in connection with an investigation by the deadbeat parties or law enforcement authorities regarding your use of the site; (g) any action taken in connection with copyright or other intellectual property owners; (h) any errors or omissions in the site’s technical operation; or (i) any damage to any user’s computer, hardware, computer software, wireless devices, cellular phone, modem or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the deadbeat parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or theft or destruction of the site). In no event will the DEADBEAT parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the DEADBEAT parties’ total liability to you for all damages, losses or causes of action exceed ten Australian dollars (au$10.00).
Your access to and use of the site is at your risk. If you are dissatisfied with the site or any of the materials, your sole and exclusive remedy is to discontinue accessing and using the site or the materials.
Waiver of injunctive relief
You agree that in the event you incur any damages, losses or injuries that arise out of DEADBEAT’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the site or any other web site, property, product, service, or other materials owned or controlled by the DEADBEAT parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service or other materials owned or controlled by the DEADBEAT parties or any and all activities or actions related thereto.
Waiver of unknown claims
By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
You agree to defend (if requested by DEADBEAT), indemnify and hold harmless the DEADBEAT Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the DEADBEAT Parties’ use of your information. You will cooperate as fully required by the DEADBEAT Parties in the defense of any claim. Notwithstanding the foregoing, the DEADBEAT Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The DEADBEAT Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the DEADBEAT Parties.
15. Termination and Modifications
DEADBEAT reserves the right to terminate your access to and use of the Site, including, without limitation your Account, in its sole discretion, without notice and liability, including, without limitation, if DEADBEAT believes your conduct fails to conform with these Terms. DEADBEAT also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or DEADBEAT. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
DEADBEAT reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that DEADBEAT will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
(c) What happens upon Termination?
Upon termination of your access to the Site and/or your Account, or upon demand from DEADBEAT, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, including links to the Site; and (b) destroy all Materials obtained from the Site and all related documentation.
16. Location of Site and Territorial Restrictions
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DEADBEAT to any registration requirement within such jurisdiction or country. DEADBEAT controls and operates the Site from offices located in Australia and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with Australia’s, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
17. No Class Actions
No Class Actions.
To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Site will be resolved individually, without resort to any form of class action.
18. Updates to Terms
DEADBEAT reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
The failure of DEADBEAT to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit DEADBEAT’s rights with respect to such breach or any subsequent breaches. No waiver by DEADBEAT of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of DEADBEAT. DEADBEAT may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without DEADBEAT’s prior written consent. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against DEADBEAT by virtue of having drafted them.
PO Box 1313
Potts Point NSW 1335
These Terms were last amended as of 30 August, 2013.