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KICKER WEBSITE TERMS OF USE
Welcome to the Custom Car Sound (CCS) / Kicker website. By using the Kicker website you agree that your use of the website is subject to these Terms of Use. Please read them carefully.
CCS reserves the right to, at any time:
• amend, update, change or remove any part of this website;
o suspend or restrict your access to this website if you are in material breach of these Terms of Use; and/or
o stop or suspend the operation of this website.
General Disclaimer
You acknowledge and agree that:
• this website and its contents are provided to you on an “as is” basis;
o information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
o any answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Except to the extent required by law:
• CCS makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
• CCS is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Copyright
This website and its contents are subject to copyright. The copyright is owned by CCS, or in the case of some material, third parties.
You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.
Trade Marks
Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website.
Mode of Access
In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). CCS has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.
Third Party Websites
This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. CCS is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. CCS will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.
Cookies
Cookies are small pieces of information that your web browser stores on your computer’s hard drive. CCS uses cookies to gather data in relation to this website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website.
Viruses
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, CCS will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.
Material Submitted By You
Certain parts of this website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:
• you will only publish UGC that is your original content of which you are the sole author (and the sole owner of all intellectual property rights embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on this website and the grant of the licences by you to CCS under these Terms of Use;
• the submission and display of your UGC on this website, is not in breach of any third party’s rights or any applicable laws;
• you waive all moral rights that you may have in your UGC;
• none of your UGC is subject to any obligation of confidence on the part of CCS, its officers, directors, agents, related bodies corporate, employees and third party service providers;
• CCS has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;
• you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
• you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
• your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
• you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to CCS to use and display your UGC on this website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;
• the use by CCS of your UGC in accordance with the licences granted by you to CCS under these Terms of Use will not breach any third party’s rights; and
• CCS has no responsibility for your UGC and you agree to indemnify CCS (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by CCS (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Terms of Use by you or your UGC).
To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to CCS that:
• you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
• save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
• save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
To the extent your UGC includes a question or query, you acknowledge that CCS may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
By submitting your email address (or any other contact details) in connection with your UGC, you agree that CCS and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in CCS’s Privacy Policy.
Notice and Takedown Procedure
If you find content on this website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please notify us via email at ccs@customcar.com.au. In the email please specify the following information:
• your name;
• your address;
• your phone number;
• your email address;
• information to allow us to find the relevant content on this website;
• a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
• where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).
Severability
If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.
Applicable Law
These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. CCS makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.
CCS
In these Terms of Use a reference to CCS is a reference to Challen Pty Ltd trading as Custom Car Sound (ABN 78907652410) and its related bodies corporate from time to time.
Version 1
November 2018