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In using this website you are deemed to have read and agreed to the following terms and conditions:

Overview

These Terms and Conditions govern the use of MTB Dirt ("the website"). The website is owned and operated by Astro Visual (ABN 64 629 433 886). Should you have any questions, please contact us

MTB Dirt is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with other individuals that share their interest in the sport.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the  MTB Dirt Services. By using the  MTB Dirt Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MTB Dirt Website) or you are a "Member" (which means that you have registered with MTB Dirt ). The term "User" refers to a Visitor or a Member. You are only authorized to use the MTB Dirt Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the  MTB Dirt Website and discontinue use of the  MTB Dirt Services immediately. If you wish to become a Member, communicate with other Members and make use of the MTB Dirt Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes MTB Dirt 's policy for acceptable use of the MTB Dirt Services and Content posted on the MTB Dirt Website, your rights, obligations and restrictions regarding your use of the  MTB Dirt Services and MTB Dirt 's Privacy Policy. In order to participate in certain MTB Dirt Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MTB Dirt Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

MTB Dirt may modify this Agreement from time to time and such modification shall be effective upon posting by MTB Dirt on the MTB Dirt Website. You agree to be bound to any changes to this Agreement when you use the MTB Dirt Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on MTB Dirt and that you provide to other Users. Your MTB Dirt profile may not include the following items: telephone numbers, street addresses and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MTB Dirt Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MTB Dirt assumes no responsibility or liability for this material.

MTB Dirt reserves the right, in it's sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MTB Dirt Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Use of and Membership in the MTB Dirt Services is void where prohibited. By using the MTB Dirt Services, you represent and warrant that:

  • (a) all registration information you submit is truthful and accurate;
  • (b) you will maintain the accuracy of such information;
  • and (c) your use of the MTB Dirt Services does not violate any applicable law or regulation.

Term of agreement

This Agreement shall remain in full force and effect while you use the MTB Dirt Services or are a Member. You may terminate your Membership at any time, for any reason, by modifying your profile, checking the "Delete my profile box" and clicking the "Save" button. If you choose to terminate your membership, only your profile, favs, subscriptions and friends details will be deleted automatically, any other content you have added to will remain. You can request that all of your content be removed from The website by contacting us, we may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Password

When you sign up to become a Member, you will be issued with a randomly generated password. You have the ability to change this password at any time and you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MTB Dirt immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial use by Members

The MTB Dirt Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MTB Dirt . Illegal and/or unauthorized use of the MTB Dirt Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MTB Dirt Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MTB Dirt Services.

Commercial use by Members

Please check Forum policy and rules

Proprietary Rights in Content on MTB Dirt

MTB Dirt does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MTB Dirt Services. After posting your Content to the MTB Dirt Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MTB Dirt Services, you hereby grant to MTB Dirt a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MTB Dirt Services.

Without this license, MTB Dirt would be unable to provide the MTB Dirt Services. For example, without the right to modify Member Content, MTB Dirt would not be able to digitally compress video files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MTB Dirt could not allow Users to view the videos posted by Members. The license you grant to MTB Dirt is non-exclusive (meaning you are free to license your Content to anyone else in addition to MTB Dirt ), fully-paid and royalty-free (meaning that MTB Dirt is not required to pay you for the use on the MTB Dirt Services of the Content that you post), sub licensable (so that MTB Dirt is able to use it's affiliates and subcontractors such as Internet content delivery networks to provide the MTB Dirt Services), and worldwide (because the Internet and the MTB Dirt Services are global in reach). This license will terminate at the time you remove your Content from the MTB Dirt Services. The license does not grant MTB Dirt the right to sell your Content, nor does the license grant MTB Dirt the right to distribute your Content outside of the MTB Dirt Services.

You represent and warrant that:

  • you own the Content posted by you on or through the MTB Dirt Services or otherwise have the right to grant the license set forth in this section, and
  • the posting of your Content on or through the MTB Dirt Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MTB Dirt Services.
  • The MTB Dirt Services contain Content of MTB Dirt ("MTB Dirt Content"). MTB Dirt Content is protected by copyright, trademark, patent, trade secret and other laws, and MTB Dirt owns and retains all rights in the MTB Dirt Content and the MTB Dirt Services. MTB Dirt hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MTB Dirt Content (excluding any software code) solely for your personal use in connection with viewing the MTB Dirt Website and using the MTB Dirt Services
  • The MTB Dirt Services contain Content of Users and other MTB Dirt licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MTB Dirt Services.
  • MTB Dirt may delete any Content that in the sole judgment of MTB Dirt violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MTB Dirt assumes no responsibility for monitoring the MTB Dirt Services for inappropriate Content or conduct. If at any time MTB Dirt chooses, in it's sole discretion, to monitor the MTB Dirt Services, MTB Dirt nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Content Posted

You are solely responsible for the Content that you post on or through any of the MTB Dirt Services, and any material or information that you transmit to other Members and for your interactions with other Users. MTB Dirt does not endorse and has no control over the Content. Content is not necessarily reviewed by MTB Dirt prior to posting and does not necessarily reflect the opinions or policies of MTB Dirt . MTB Dirt makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MTB Dirt Services. MTB Dirt reserves the right to investigate and take appropriate legal action against anyone who, in MTB Dirt 's sole discretion, violates this provision, including without limitation, removing the offending communication from the MTB Dirt Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MTB Dirt :

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploit's people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicit's personal information from anyone under 18;
  • provides any telephone numbers, street addresses or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • 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 providing or creating computer viruses;
  • solicit's passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent

Activity Prohibited

The following is a partial list of the kind of activity that is illegal or prohibited on the MTB Dirt Website and through your use of the MTB Dirt Services. MTB Dirt reserves the right to investigate and take appropriate legal action against anyone who, in MTB Dirt 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any Member to buy or sell any products or services through the MTB Dirt Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MTB Dirt Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MTB Dirt reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MTB Dirt deems appropriate in it's sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MTB Dirt Services, you acknowledge that you will have caused substantial harm to MTB Dirt , but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MTB Dirt $50 for each such unsolicited email or other unsolicited communication you send through the MTB Dirt Services;
  • using HTML/CSS to deface, break or otherwise alter the appearance or any part of MTB Dirt
  • any automated use of the system, such as using scripts to add subscribers or comments or to send private messages;
  • interfering with, disrupting, or creating an undue burden on the MTB Dirt Services or the networks or services connected to the MTB Dirt Services;
  • attempting to impersonate another Member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from the MTB Dirt Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MTB Dirt Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose or sending private messages with a commercial purpose; or
  • using the MTB Dirt Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MTB Dirt to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to MTB Dirt by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the MTB Dirt Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the MTB Dirt Services;
  • your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, it's agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MTB Dirt 's Copyright Agent for notice of claims of copyright infringement please contact us

Member Disputes

You are solely responsible for your interactions with other MTB Dirt Members. MTB Dirt reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

We are committed to protecting your privacy. The information collected from individual members is regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all personal information we keep, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

When creating a members account, you are required to provide your real first name, last name and a valid email address, these details are required to verify your identity.

We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by MTB Dirt will only be in connection with the provision of agreed services and products.

Disclaimers

MTB Dirt is not responsible for any incorrect or inaccurate Content posted on the MTB Dirt Website or in connection with the MTB Dirt Services, whether caused by Users of the MTB Dirt Services or by any of the equipment or programming associated with or utilized in the MTB Dirt Services.

Profiles created and posted by Members on the MTB Dirt Website may contain links to other websites. MTB Dirt is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MTB Dirt . Inclusion of any linked website on the MTB Dirt Services does not imply approval or endorsement of the linked website by MTB Dirt . When you access these third-party sites, you do so at your own risk.

MTB Dirt takes no responsibility for third party advertisements which are posted on this MTB Dirt Website or through the MTB Dirt Services, nor does it take any responsibility for the goods or services provided by it's advertisers.

MTB Dirt is not responsible for the conduct, whether online or offline, of any User of the MTB Dirt Services.

MTB Dirt assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.

MTB Dirt is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MTB Dirt Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MTB Dirt Services.

Under no circumstances shall MTB Dirt be responsible for any loss or damage, including personal injury or death, resulting from use of the MTB Dirt Services, attendance at a MTB Dirt event, from any Content posted on or through the MTB Dirt Services, or from the conduct of any Users of the MTB Dirt Services, whether online or offline.

The MTB Dirt Services are provided "AS-IS" and as available and MTB Dirt expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

MTB Dirt cannot guarantee and does not promise any specific results from use of the MTB Dirt Services.

Limitation on Liability

IN NO EVENT SHALL MTB Dirt BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MTB Dirt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MTB Dirt 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MTB Dirt FOR THE MTB Dirt SERVICES DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving the MTB Dirt Services, you agree that the dispute shall be governed by the laws of the State of Queensland, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of Queensland, City of Brisbane.

Indemnity

You agree to indemnify and hold Astro Visual and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MTB Dirt Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MTB Dirt Website or through the MTB Dirt Services causes Astro Visual to be liable to another.

Other

Agreement is accepted upon your use of the MTB Dirt Website or any of the MTB Dirt Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MTB Dirt regarding the use of the MTB Dirt Services. The failure of MTB Dirt to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.