Terms & Conditions
TERMS & CONDITIONS: (a) In these terms and conditions (the Terms and Conditions), ‚“we‚ “our”, or “us” means First Coat (The Company).(b) Please read the Terms and Conditions carefully as they apply to your use of the internet site www.firstcoat.com.au or any other Analogue Digital owned and operated internet site including social media channels (the Site(s)). By using the Site(s) you agree to be bound by the Terms and Conditions including those revisions referred to in (c).(c) We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.(d) Your use of some parts or features of the Site(s) may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions:(i) will apply to your use of such parts or features of the Site(s) in addition to these terms and conditions; and(ii) will prevail over the Terms and Conditions to the extent of any inconsistency.
PRIVACY: We have adopted a Privacy Statement that you should refer to in order to fully understand how we collect and use your information.
ELECTRONIC COMMUNICATIONS: When you visit this Site(s), or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site(s). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
COPYRIGHT: Images of people, places, and/or products posted on this Site(s) are either the property of the Company, or are used herein with express permission from the owners of the property. Unless otherwise noted, all content included on this Site(s), including images, illustrations, designs, icons, photographs, video clips, and written and other materials, is the property of the Company or its suppliers, partners, or affiliates and is protected by United States and international copyright laws. The compilation of this Site(s) is the exclusive property of the Company and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site(s) is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site(s) can be made only with the prior written and express authorisation of the Company. For further information on how you may obtain authorization to use any materials or content on this Site(s), please contact the Company at the “Contact Us” section of this document.
TRADEMARKS: All trademarks, trade dress and service marks and their respective designs and/or logos on this Site(s) are trademarks or registered trademarks of the Company or its affiliates. The Company’s and its affiliate’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos used in this Site(s) are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of the Company or its affiliates, nor may you place any meta tags or any other “hidden text” utilizing the Company’s or its affiliate’s names, trademarks, or product names without our express written consent.
LICENSE AND SITE ACCESS: We grant you a limited license to make personal use only of the Site(s). Such grant does not include, without limitation: (a) any resale or commercial use of this Site(s) or any of the contents of this Site(s); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Site(s) not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site(s) except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site(s) (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site(s) and any of the contents of the Site(s); or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site(s) or to collect any information from the Site(s) or any other user of the Site(s).
YOUR ACCOUNT: If you use this Site(s) and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Site(s), you agree that any information you provide to us will be current, accurate andcomplete. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify the Company immediately of any unauthorized use of your account and/or password(s), or other breach of security.
POSTING TO THE SITE: (a) There may be facilities in the Site(s) for you to submit or post Content to the Site(s). For Content you submit for posting to the Site(s) (in whatever format):(i) you absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to us all right, title andinterest in all intellectual property rights in any Content you submit to the Site(s);(ii) you agree that whether and in what form the Content is published on the Site(s) is at Analogue Digital’s sole discretion;(iii) you give unconditional consent for the Content to be altered, edited or adapted as Analogue Digital or a sub-licensee thinks fit, including in a way that would otherwise be a breach of your moral rights. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright;(iv) you agree that you do not require, nor does anyone else require, attribution for the Content; and(v) you acknowledge that you may be held legally responsible for the Content you submit. You acknowledge that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.(b) For Content you submit for posting to the Site(s) (in whatever format) you agree not to:(i) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, defamatory, vulgar, obscene, related to gambling, libellous, invasive of another’s privacy, hateful, or radically, ethnically or otherwise objectionable, including but not limited to;(A) Content that depicts or alludes to or promotes offensive or illegal behaviour;(B) Content that exploits people in a sexual or violent manner;(C) Content that harasses or advocates harassment of others;(D) Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual;(E) Content that contains nudity, violence, or contains a link to an adult website;(F) Content that provides any telephone numbers, street addresses, last names, personal banking or financial information, URLs or email addresses;(G) Content that promotes information that the user knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;(H) Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy or creating computer viruses; or(I) Content that includes a photograph or image of another person or another person’s property that has been submitted without that person’s consent (or where that person is under the age of majority under an Applicable Law, the consent of their parent or legal guardian);(i) impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;(ii) upload, post, transmit or otherwise make available any Content that you do not have the right to make available under any Applicable Law or under any contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as a part of employment relationships);(iii) upload, post, transmit or otherwise make available any Content that infringes any patent, trade mark, confidential information, copyright or other proprietary rights of any party;(iv) upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising and promotional materials; or(v) upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code;(c) By posting Content to the Site(s) you warrant that:(i) you have the rightful power and authority to provide the Content in the form and manner and name in which it is submitted;(ii) you own the Content and have the right to assign copyright ownership and other Intellectual Property Rights in the Content to us;(iii) the Content does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;(iv) the Content does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;(v) if the Content in any way includes third parties or the property of third parties, that you have obtained the required consents and releases from those third parties (or their parents or legal guardians, as applicable) to include them in your Content;(vi) your Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;(vii) your Content does not contain material that has been previously broadcast, streamed, published or televised in any way;(viii) you will not post Content or use the Site(s) for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce;(ix) during the course of creating your Content your conduct was not illegal, contrary to any Applicable Law, indecent, obscene, threatening, discriminatory or harassing to any person; and(x) you agree to your Content being available on the Site(s) for public viewing and comment and that your Content may be used by Analogue Digital or its sub-licensees in any media for an unlimited period of time without remuneration or compensation for any purpose in our sole discretion.
MONITORING OF CONTENT: (a) You acknowledge that Analogue Digital may or may not pre-screen Content, and that there is no obligation on Analogue Digital to pre-screen Content, and that Analogue Digital shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you.(b) Without limiting paragraph (a), you agree that Analogue Digital may edit, remove or not publish any Content if it considers that:(i) the Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;(ii) the Content is false or misleading;(iii) publication of the Content will infringe intellectual property rights (including copyright) or a person’s moral rights;(iv) the Content is abusive, offensive or obscene; or(v) the Content is otherwise in breach of these Terms and Conditions.(c) Although we may from time to time monitor or review Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.
INDEMNITY: You agree to indemnify and hold Analogue Digital and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of Content you submit, post, transmit or otherwise make available through the Site(s), your use of the Site(s), your connection to the Site(s), your breach of these Terms and Conditions, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
RISK OF LOSS: All items purchased from the Site(s) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
HYPERLINKS: The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site(s), or web sites linking to this Site(s).
CHILDREN: This Site(s) is designed for and intended for use by adults. If you are under 18, you may use this Site(s) only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site(s) by children, minors and others under your care. You agree to be responsible for their use of this Web site.
SECURITY OF INFORMATION: Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information. USE OF THE SITE(S) IS AT YOUR OWN RISK - DISCLAIMER OF LIABILITY (a) Your use of the Site(s) is at your own risk. You must not rely on any statement published on or linked to the Site(s) without first making your own enquiries to verify the information.(b) We exclude all warranties and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties or liability but does allow limitation to a certain maximum extent, then we limit our warranties and liability to that extent.(c) To the extent permitted by law, all information on or linked to on the Site(s) is provided, “as is” and “as available” without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement.(d) To the extent permitted by law, we do not accept any responsibility or liability for:(i) any statement in the material on or linked to the Site(s); or(ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site(s) and its Content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.(e) To the extent we cannot exclude all liability, our aggregate liability to you arising in relation to your use of the Site(s) or the Content (whether arising from breach of these Terms, in negligence or any other common law or statutory cause of action) is limited to the following, the choice of which is at our sole discretion:(i) In the case of goods any one or more of the following:(A) the replacement of the goods or the supply of equivalent goods;(B) the repair of the goods;(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or(D) the payment of the cost of having the goods repaired; or(ii) in the case of services:(A) the supply of the services again; or(B) the payment of the cost of having the services supplied again.
GENERAL PROVISIONS: (a) If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.(b) The Terms and Conditions, and the use of the Site(s) and any contents thereof, are in all respects governed by and according to the laws of the State of Victoria, Australia. By using the Site(s), you irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site(s) or any material contained therein, or accessed thereby.
TERMINATION: Notwithstanding any of these Site(s) Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site(s), and to block or prevent future access to and use of this Site(s) for any reason or no reason. Upon termination, these Site(s) Terms will still apply.
CONTACT US: If you have any questions or suggestions regarding these terms and conditions, please contact us at: First Coat c/d Kontraband Studios 6 Laurel St, Toowoomba QLD 4350 Email: firstname.lastname@example.org
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