Acceptable Use Policy

Last Updated: 09/05/2024

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

1. WHAT’S IN THESE TERMS

This Acceptable Use Policy (Policy) sets out information about how you may and may not use our website https://freakathlete.com.au/ (the Site), the content standards that apply when you upload content to our Site, make contact with other users on the Site, or interact with the Site in any other way. It should be read alongside our Terms of Use ("Legal Terms") of which it forms part: https://freakathlete.com.au/pages/terms-of-use

TABLE OF CONTENTS

1. WHAT’S IN THESE TERMS
2. PROHIBITED USES
3. CONTRIBUTIONS
4. REVIEW AND RATINGS
5. REPORTING A BREACH OF THIS POLICY
6. CONSEQUENCES OF BREACHING THIS POLICY
7. DISCLAIMER
8. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

2. PROHIBITED USES

When you use this Site, you must comply with this Policy and with all applicable laws.

You acknowledge and agree that you may not use this Site:

• If you are under the age of 18.
• In any way that breaches any applicable local, national, or international law or regulation.
• For the purpose of harming or attempting to harm minors in any way including in any way that involves child sexual exploitation or abuse.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
• To upload any terrorist content.
• To make fraudulent orders.

You also acknowledge and agree that you may not:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content available through the Site.
• Engage in unauthorized framing of or linking to the Site.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of the Site, including our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or the Site connected.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Make fraudulent orders.
• Sell or otherwise transfer your profile.
• Use a buying agent or purchasing agent to make purchases on the Site.

3. CONTRIBUTIONS

In this Policy, the term "Contributions" means:

• any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Site; or
• any and all other content, materials, or data you contribute to the Site.

Some areas of the Site may allow users to upload, transmit, or post Contributions. We may, but are under no obligation to, review or moderate the Contributions made on the Site, and we expressly exclude our liability for any loss or damage resulting from any of our users’ breach of this Policy to the full extent permitted by law. If you have any concerns about any content available via the Site, please see the section on reporting breaches of this Policy to report any Contribution that you believe breaches this Policy.  We will determine, in our sole discretion, whether a Contribution is in breach of this Policy.

When submitting a Contribution to the Site, you acknowledge and agree that your Contribution meets our content standards, in particular:

• Your Contribution is accurate (where it states facts).
• Your Contribution only contains opinions genuinely held by you.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and this Policy;
• All your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts);
• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and
• You have obtained the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and this Policy.

You also agree that you will not post, transmit, or upload any (or any part of a) Contribution that:

• Is in breach of applicable laws, regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;
• Is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
• Is false, inaccurate, or misleading;
• Includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
• Contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
• Promotes violence, advocates violence against any person or group including the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;
• Is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);
• Is discriminatory of offensive based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Bullies, intimidates, humiliates, ridicules, mocks, disparages, intimidates, abuses or insults any person;
• Promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
• Infringes, or assists anyone in infringing, a third party's intellectual property rights or publicity or privacy rights;
• Is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone else than you;
• Contains unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been "paid for," whether with monetary compensation or in kind; or
• Misrepresents your identity or who the Contribution is from.

4. REVIEWS AND RATINGS

When your Contribution is a review or rating, you also agree that:

• You have firsthand experience with the goods being reviewed.
• You have purchased the product(s) from this Site.
• Your Contribution is true to your experience.
• You are not affiliated with competitors if posting negative reviews (or linked in any way to, e.g., by being the owner or seller/manufacturer of, a product or service if posting positive reviews).
• You cannot make or offer any conclusions as to the legality of conduct.
• You cannot post any false or misleading statements; and
• You do not and will not organize a campaign encouraging others to post reviews, whether positive or negative.

5. REPORTING A BREACH OF THIS POLICY

We may, but are under no obligation to, review or moderate the Contributions made on the Site and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this Policy to the extent permitted by law.

If you consider that any content on the Site including any Contribution:

• breaches this Policy, please email us at privacy@brandaccess.com, or refer to the contact details at the bottom of this document to let us know which content or Contribution is in breach of this Policy and why; or
• infringes any third-party intellectual property rights, please email us at privacy@brandaccess.com.

We will reasonably determine whether the relevant content or Contribution breaches this Policy.

6. CONSEQUENCES OF BREACHING THIS POLICY

When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of our Terms of Use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions depending on the severity of the breach:

• Immediate, temporary or permanent withdrawal of your right to use the Site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to the Site
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

7. DISCLAIMER

Brand Access, LLC is under no obligation to monitor users’ activities, and we disclaim any responsibility for any user’s misuse of the Site. Brand Access, LLC has no responsibility for any user or other content or Contribution created, maintained, stored, transmitted, or accessible on or through the Site, and is not obligated to monitor or exercise any editorial control over such material. If Brand Access, LLC becomes aware that any such content or Contribution violates this Policy, Brand Access, LLC may act in accordance with section 6 of this Policy. Unless otherwise stated in this Policy, Brand Access, LLC disclaims any obligation to any person who has not entered into an agreement with Brand Access, LLC for the use of the Site.

8. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have any further questions or comments or wish to report any problematic content or Contribution, you may contact us at: