Terms of Service - TheBroth.com

Welcome to TheBroth.com, operated by TheBroth Pty Ltd. "TheBroth.com" refers to the website TheBroth.com, including the owners and operators of this web site, its subsidiaries and affiliated companies, including Cherry Internet Services Pty Ltd.

We maintain this web site as a service to visitors. By using this web site, you agree to comply with and be bound by the following terms of use and any policies, guidelines or amendments thereto that may be presented to you from time to time. We may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service at http://www.thebroth.com/terms.html.

Please review the following Terms of Service carefully. If you do not agree to these terms, please refrain from using TheBroth.com.

1. USE OF SERVICES

In order to access certain TheBroth.com services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by TheBroth.com. You are responsible for maintaining the confidentiality of your TheBroth.com account password, and are responsible for all activities that occur under your account. You agree to immediately notify TheBroth.com of any unauthorized use of your password or account or any other breach of security. TheBroth.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. TheBroth.com reserves the right to refuse service to anyone at any time without notice for any reason. TheBroth.com also reserves the right to cancel your account or suspend your access to TheBroth.com services at any time and for any reason without prior notice.

You agree that TheBroth.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on TheBroth.com services.

2. APPROPRIATE CONDUCT

You understand that all content is the sole responsibility of the person from whom such content originated. You understand that by using TheBroth.com services, you may be inadvertently exposed to content that is offensive, indecent or objectionable. You agree that you are responsible for your own conduct and content while using TheBroth.com and for any consequences thereof. You agree to use TheBroth.com only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using TheBroth.com, you will not:

  • depict or advertise any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • create, or willfully contribute, to any depiction that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
  • depict or advertise gambling, casinos, pharmaceutical products, adult content, hate, racism or any offensive or illegal material;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • create user accounts or use an advertisement or depiction that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • advertise pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines;
  • restrict or inhibit any other user from using and enjoying TheBroth.com services;
  • use TheBroth.com services for any illegal or unauthorized purpose;
  • remove any copyright, trademark or other proprietary rights notices contained in or on TheBroth.com;
  • interfere with or disrupt TheBroth.com services or servers or networks connected to TheBroth.com services, or disobey any requirements, procedures, policies or regulations of networks connected to TheBroth.com services;
  • use any robot, spider, site search/retrieval application, or other device to manipulate or retrieve any portion of TheBroth.com services or collect information about users for any unauthorized purpose;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by TheBroth.com;
  • advertise sites which provide information about illegal activities or promote physical harm or injury against any group or individual; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to Australia or your country of residence.

While TheBroth.com prohibits such conduct and content, you understand and agree that TheBroth.com may or may not pre-screen content and shall have the right (but not the obligation) at its sole discretion to pre-screen, refuse or move any content submitted. You also understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use TheBroth.com at your own risk.

3. THEBROTH.COM PRIVACY POLICY

For information about our data protection practices, please see our Privacy Policy at http://www.thebroth.com/privacy.html. By using TheBroth.com, you acknowledge and agree that TheBroth.com may access, preserve, and disclose your account information and any content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of TheBroth.com, its users and the public. TheBroth.com will not be responsible or liable for the exercise or non- exercise of its rights under the Terms of Service.

You understand that the technical processing and transmission of TheBroth.com services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. PROPRIETARY RIGHTS

TheBroth.com's Rights

You acknowledge and agree that TheBroth.com and any necessary software used in connection with TheBroth.com services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through TheBroth.com services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TheBroth.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on TheBroth.com services, in whole or in part.

Your Rights

TheBroth.com claims no ownership or control over any content submitted, posted or displayed by you on or through TheBroth.com. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through TheBroth.com and you are responsible for protecting those rights, as appropriate. By submitting, posting, depicting or displaying content on or through TheBroth.com services which are intended to be available to the general public, you grant TheBroth.com a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution, such content, including for the purpose of displaying, distributing and promoting TheBroth.com brand and services. This license terminates when such content is deleted from the TheBroth.com service to which you originally submitted. TheBroth.com reserves the right to syndicate content submitted, posted or displayed by you on or through TheBroth.com and use that content in connection with any of the services offered by TheBroth.com.

5. POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES

Any use of TheBroth.com's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service.

By submitting content to TheBroth.com, you authorize TheBroth.com to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with TheBroth.com's authorized distribution of the content.

If you believe that your own copyrighted work is accessible through any website or application provided by us in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. ยค 512(c)(3).

6. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of TheBroth.com services, use of TheBroth.com services, or access to TheBroth.com services.

7. MODIFICATIONS TO SERVICE

TheBroth.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the TheBroth.com services with or without notice. You agree that TheBroth.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of TheBroth.com services.

8. CONTEST RULES

Rules and information contained in the contest pages are part of the official contest rules.

Contests are open to all registered members of TheBroth that are at least 13 years old or older as of the date of entry. All contests and competitions held at TheBroth are void where prohibited by law. To submit an entry, you must submit a valid artwork to the contest gallery before the closing date. A valid artwork is defined as one that contains the contest colors, does not violate other terms of service as specified in this document and has been submitted to the contest gallery. Entries that are late, incomplete, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the rules may be disqualified. All entries become the sole property of TheBroth.

Winners will be notified by email and their user name will be published on the contest page. Each winner must supply TheBroth with his/her legal name and mailing address. In the event the prize is an electronic gift voucher, the electronic gift voucher will be sent to the email used to register with TheBroth. In either case, your details may be passed onto the contest sponsor so they can dispatch your winnings. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. Winners may be required to complete a waiver/release form in order to claim their prize. Contest sponsors reserve the right to substitute a prize of similar value if the described prize cannot be awarded for any reason. If a winner is under the legal age in his/her country, the prize will be awarded to the parent or legal guardian of the winner. Employees and immediate family members of TheBroth and employees of participating contest sponsors are not eligible to win. Provision of all prizes is the responsibility of contest sponsors. TheBroth is not responsible to provide prizes. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. Winners agree for their name, address and/or prize information to be used for promotional purposes in any medium without additional consideration or financial compensation of any kind to the extent permitted by law.

Contest sponsors and judges are not responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, or misdirected entries or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise.

By participating in this contest, each entrant accepts the conditions stated in these official contest rules, agrees to be bound by the decisions of the judges and warrants that he/she is eligible to participate in this contest. Contest entrants agree to release TheBroth and the contest sponsor and their directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the contest, awarding, receipt, and/or use or misuse of the prizes or participation in any prize-related activities.

TheBroth and its contest sponsors are not responsible for commencing, continuing or completing the contest in the event of circumstances beyond their control. TheBroth and its contest sponsors reserve the right to cancel or modify the contest if, in their sole discretion, they determine that the contest is not capable of being run as originally planned for any reason (such as tampering, fraud, technical failures or distribution errors or any other causes or occurrences that have compromised the fairness or integrity of the contest).

TheBroth reserves the right to alter and amend any rules of any contest at anytime. TheBroth and its contest sponsors are not responsible for any errors that may occur during the contest or in any contest material. By entering this contest, you acknowledge that you accept and will abide by these rules and regulations.

9. SPONSOR-A-TILE

Your sponsored tiles will be published and displayed at http://www.thebroth.com/mosaic for one (1) calendar year. You will receive a notice shortly before the expiry of your sponsorship that will allow you to renew your sponsorship. Acceptance of any advertising sponsorship request is at the sole discretion of TheBroth.com (see 2. APPROPRIATE CONDUCT). Rejected advertising or sponsorship requests will receive a full refund. You must be the legal owner of the image that you provide and you must have the authority to link to the target URL. Images can be in JPEG, GIF and PNG format. GIF images MUST NOT be animated. All uploaded images will be slightly altered during the upload process to take on a tiled appearance. Target URLs must be links to web pages and start with "http://". You cannot change the image or the change the target URL after a sponsored tile is accepted and published. No refunds are given after a sponsored tile is accepted and published. Upon request or if required by law, we will remove your sponsored tile(s) but you will not get a refund, and the space occupied by your tile(s) will become available again.

10. MEMBER REWARDS AND PRIZES

TheBroth.com may occasionally make products available to its members in context of member reward schemes, contests and art competitions. You acknowledge that your use of any such product occurs at your own risk and without warranty. See 12. INDEMNITY and 13. DISCLAIMER OF WARRANTIES.

11. LINKS

TheBroth.com services may provide, or third parties may provide, links to other World Wide Web sites or resources. TheBroth.com has no control over such sites and resources, and as such, you acknowledge and agree that TheBroth.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TheBroth.com 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

12. INDEMNITY

You represent and warrant that the use, reproduction, distribution, or transmission of your advertising on TheBroth.com services will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. You agree to indemnify TheBroth.com and to hold TheBroth.com harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by TheBroth.com, arising out of or related to your breach of any of the foregoing representations and warranties.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THEBROTH.COM SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. THEBROTH.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEBROTH.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. THEBROTH.COM MAKES NO WARRANTY THAT (i) THEBROTH.COM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THEBROTH.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEBROTH.COM SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEBROTH.COM OR THROUGH OR FROM THEBROTH.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

14. GENERAL INFORMATION

The Terms of Service constitute the entire agreement between you and TheBroth.com and govern your use of TheBroth.com services.

This Agreement is governed by the laws of Western Australia, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in the Perth Magistrate Court, Australia.