TheLBLM.com Web Site Terms and Conditions As at 12/03/2010
Conditions governing access to and use of this Web Site
This is the Jim Beam TheLBLM.com web site ("Web Site"). The Web Site is operated by Beam Global Australia Pty Ltd ABN 85 003 953 357 ("we" or "us").
Your access to and use of the Web Sites is subject to these terms, the Beam Global Privacy Statement and any other terms contained on the Web Site ("Terms of Use").
Every time you go to the Web Site, you agree to access and use the Web Site, and the material on the Web Site, in accordance with the Terms of Use. The Terms of Use are a legally binding agreement between you and us.
1 Web Site usage rules
1.1 The content and information on the Web Site is provided for your personal use only.
1.2 Unless expressly stated otherwise on the Web Site, you may download the content and information on the Web Site onto your personal computer, but only to the extent necessary to allow you to view that content and information. You may also print hard copies of that content and information, but only for your own personal use and reference. You must not reproduce or permanently store any content or information in any medium or form whatsoever.
1.3 You must use the Web Site in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
1.4 You legally must be 18 years of age or older to access or use the Web Site and you must disclose this prior to use. If you are accessing the Web Site from the United States you must be 21 years of age or older.
1.5 You must not:
(a) store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the content or information on the Web Site;
(b) incorporate or merge any of the content on the Web Site with any other material, including advertising or promotional material;
(c) send, post, communicate or transmit to or via the Web Site (including any chat rooms) any information or material which infringes a third party's rights (including intellectual property rights), or which is obscene, indecent, inflammatory, pornographic, defamatory, illegal, misleading or deceptive;
(d) use the Web Site or any facilities available on or via the Web Site to defame, harass, threaten, menace or offend any person, or in a way which inhibits another person from using or enjoying the Web Site or those facilities;
(e) tamper with, hinder the operation of, or make unauthorised modifications to the Web Site or any content on the Web Site;
(f) knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Web Site;
(g) use the Web Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
(h) use another personŐs name, username or password on the Web Site or to access any content on the Web Site; or
(i) attempt to do, or permit another person to do, any of the above acts.
1.6 The opinions of those published of the Web Site do not necessarily represent the opinion of Beam Global Australia Pty Ltd, its agencies and suppliers.
2 Changes to the Terms of Use
2.1 Periodically we may need to change these Terms of Use to reflect our changing business. We may change the Terms of Use at any time by posting the changed Terms on the Web Sites, and by posting a notice to users on our news page stating that a change has occurred.
2.2 Any change in the Terms of Use will not affect the terms of any pre-existing agreement between you and us regarding your acquisition of any products or services from the Web Site.
3 Operation of the Web Site
3.1 We will make reasonable efforts to make sure that you can access and use the Web Site at all times. However, despite our efforts, the Web Site may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to the Web Site. We will not be responsible to you or anyone else if these things occur.
3.2 When you are using the Web Site, we may require you to re-authenticate yourself from time to time - for example, if there has been a period of inactivity on the connection between your internet browser and our servers. We will not be responsible for any information you may lose if your access to the Web Site is suspended or terminated in these circumstances.
3.3 To enable you to access certain content on the Web Site, we may provide you with a username, password or some other type of identifier. You agree that you are responsible keeping such identifiers secret and that you will responsible for the conduct of any person who uses your identifiers, whether or not you have authorised that use.
3.4 We may receive fees or commissions (or both) from third parties in relation to some of the content, goods or services which we advertise, promote or make available on the Web Site. You acknowledge and consent to us receiving those fees and commissions.
4 Linked Sites
4.1 The Web Site may contain links to other web sites which are not maintained or controlled by us. These links are provided by us solely for your convenience. We do not accept any responsibility for broken or redirected links.
4.2 We have not checked the accuracy, completeness or suitability of the content of, or the goods and services available from, any linked sites. Also, we do not review or monitor any linked sites. You must therefore make your own enquiries about the content, goods or services available from any linked site before relying on that content, or buying or using any of those goods or services. We will not be responsible for any loss or damage you suffer as a result of relying on, buying or using any content, goods or services from a linked site.
4.3 The presence of links on the Web Site should not be taken to imply that we endorse, sponsor or approve of any linked site, or any content, products or services available from that linked site, or that we are affiliated or associated with the owner or operator of any linked site.
5 Changes to the Web Site
5.1 We (or our companies, agencies and suppliers) may change the content, information, products and services provided on the Web Site, and the prices for those things, at any time.
5.2 If you purchase any products or services from the Web Site, you will be charged the price that applies and is displayed at the time you request those products or services.
6 Our liability to you
6.1 To ensure that we can continue to provide you with quality content and services via the Web Site, we and our related companies, agencies and suppliers need to try to minimise the costs associated with operating the Web Site.
6.2 As a result, neither we nor our related companies, agencies and suppliers can accept liability for any loss or damage you suffer as a result of using or accessing the Web Site or any content, information, products or services available on or from those Web Site, except to the extent that we are required to by law, such as State or Territory fair trading legislation and the Trade Practices Act 1974 (Cth).
6.3 In particular, except to the extent required by law, we and our related our related companies, agencies and suppliers do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Web Site, or any content, information, products or services available on or from the Web Site.
6.4 As a guide, the Trade Practices Act 1974 (Cth) would require us to accept liability to you where:
(a) we fail to supply the content on the Web Site with due care and skill; or
(b) the content we supply via the Web Site is not reasonably fit for the purpose for which it is supplied.
7 Your liability to us
7.1 To minimise the costs associated with operating the Web Site, we also require that you take responsibility for any harm we or our related our related companies, agencies and suppliers suffer as a result of your use of the Web Site.
7.2 You therefore agree to indemnify us and our related our related companies, agencies and suppliers from and against any loss, damage, costs or expenses suffered by any of us arising out of or in any way connected to the use of the Web Site by you or someone using your name and password.
8 Termination and suspension
8.1 If we reasonably believe that you have breached any of these Terms of Use, we may immediately suspend, terminate or limit your access to the Web Site.
9 Trademarks, copyright and other intellectual property
9.1 All intellectual property relating to the Web Site, including any trademarks used on the Web Site, the design or the Web Site and any content on the Web Site, is owned by us, our related companies, agencies, suppliers or our licensors. For Consumer and Contributor content please refer to section 10.
9.2 For this reason, you must not do anything with the Web Site or anything on the Web Site (including trademarks and content) that is not expressly authorised by these Terms of Use.
9.3 Importantly, you must not use or apply any of our trademarks without our consent. Our trademarks include our name, our logos, our slogans and the names of our competitions.
10. Consumer and Contributor Content
10.1 All Consumers, Contributors and Competition Entrants must certify that you have the right to post any photo or written piece that you upload or submit to this website and that you are not infringing on or violating any copyright or intellectual property and that the photo or written piece uploaded, submitted or entered is your own.
10.2 theLBLM.com reserves the right to publish photos submitted or uploaded to the website in the galleries on the website, on our supporting social media pages, and also potentially in a coffee table book to be produced and in an exhibition.
10.3 theLBLM.com reserves the right to publish articles, interviews and other written items submitted on the website.
10.4 DISCLAIMER: The views expressed in articles published on theLBLM.com are those of the authors alone. They do not represent the views or opinions of theLBLM.com or its staff, nor do they represent the views or opinions of Beam Global Pty Ltd, Rockstar Management Pty Ltd, or any entity of or affiliated with, these companies.
10.5 By uploading or submitting photos, videos, written pieces and other files to this website, you are granting theLBLM.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
10.6 TheLBLM.com is committed to promoting the most up-to-date and unique content possible while maintaining standards consistent with the Internet community and the societies of the world. TheLBLM.com actively audits and approves content that goes live on the TheLBLM.com website; however there may be instances where an individual deems a piece of our content to be offensive or inappropriate. In this case, please immediately email mail@thelblm.com to apply to have this content removed. Accordingly, TheLBLM.com will NOT process, digitize, post, upload, store, share or otherwise display on the TheLBLM.com website:
a. Content or material that we believe is pornographic or obscene;
b. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity;
c. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
d. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals;
e. Copyrighted content or material that is used without the express permission of the owner (Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law);
f. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
g. Any links to the above.
10.7 TheLBLM.com has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site are always examined before they are put on the website. You acknowledge that TheLBLM.com has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.
10.8 You should also know that in visiting the TheLBLM.com website, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure. As stated above, if you run across something you deem to be offensive, please email mail@thelblm.com to have this content removed.
10.9 By uploading or submitting content you verify that you are over 18 years of age in Australia and of legal drinking age in other countries according to the laws of those countries.
11 General matters
11.1 If we need to notify you of any matter relating to these Terms of Use and you have given us your contact details, we ask, and you agree, that we may use post, fax or email to the relevant contact details notified to us. If we do use email, you will be taken to have received the email if it leaves our servers, unless we receive evidence to the contrary.
11.2 These Terms of Use are governed by New South Wales law.
11.3 If any of these Terms of Use are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.
11.4 If we do not act in relation to a particular breach by you of these Terms of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.