In using this website you are deemed to have read and agreed to the following terms and conditions:
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.
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.
Use of and Membership in the MTB Dirt Services is void where prohibited. By using the MTB Dirt Services, you represent and warrant that:
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.
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.
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.
Please check Forum policy and rules
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 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.
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 :
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:
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:
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.
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.
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.
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.
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.
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.
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.