Terms of service

Introduction

This Website (referred to in these Terms of Access as "the Website") is owned and operated by Captain Frothbeard. Access is conditional upon your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website, you are agreeing to be bound by the terms and conditions set out below and the Privacy Policy as displayed on the Website. If you do not agree with the Terms of Access or the Privacy Policy, you should exit this Website immediately and should not register as a member.

Agreement

1.1 This agreement constitutes a contract between you and Captain Frothbeard regarding the use of the Website.

1.2 The term "Captain Frothbeard" in Clause 1.1 includes Captain Frothbeard, its proprietors (from time to time), assignees and successors.

Use of the Website

2.1 Your right to use the Website is subject to the Terms of Access and Captain Frothbeard may vary or modify the Terms of Access from time to time in its sole and absolute discretion. If you do not agree to the modifications made to the Terms of Access from time to time, you should immediately cease using the Website, otherwise your continued use of the Website will be evidence of your acceptance of the modified Terms of Access.

2.2 Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before using the Website

2.3 You agree not to use the Website for any unlawful purpose.

2.4 You agree not to use the Website to load up any virus, trojan horses or do anything that is likely to harm the Website, or to cause harm to Captain Frothbeard systems or to the system of any person who accesses the Website.

2.5 Captain Frothbeard reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.

2.6 Captain Frothbeard reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you. Captain Frothbeard acknowledges that you may cease using the Website at any time.

2.7 Captain Frothbeard is not liable to you or any third party by way of Contract or Tort for:any suspension or termination of the Website and/or any of the facilities available via the Website.restriction of your access to the Website and/or any of the facilities available via the Website.

Facilities Available via the Website

4.1 The Website provides persons with the opportunity to engage in a discussion forum and other interactive communication. Captain Frothbeard requires that persons use the Website and its facilities, including but not limited to the discussion forum, in a responsible manner.

4.2 Captain Frothbeard does not pre-screen the content posted, transmitted or submitted via the Website by persons other than Captain Frothbeard. You acknowledge that you may be exposed to content which is offensive to you.

4.3 You are not to post, transmit or submit content via the Website which is offensive, rude, distasteful, malicious, abusive, defamatory, libelous, slanderous, harassing, racially or sexually offensive, or which infringes the privacy rights of another or which is promotional in nature or which Captain Frothbeard determines, in its sole and absolute discretion, to be unacceptable.

4.4 Captain Frothbeard reserves its right to refuse, remove, edit or modify any content posted, transmitted or submitted via the Website in its sole and absolute discretion and includes, but is not limited to, content which, in the sole opinion of Captain Frothbeard , contravenes Clause 4.3.

4.5 Captain Frothbeard is not liable for any loss or damage arising to you or third parties from content posted, transmitted or submitted via the Website.

4.6 Entry to Captain Frothbeard online competitions is provided to all residents of Australia on the proviso that the entrant is available to pick up their prize from their nominated store within the allotted timeframe detailed in the winner’s prize confirmation e-mail. No requests for arrangements to mail or courier a prize to a winner will be considered and no exceptions or correspondence will be entered into.

Privacy

8.1 You agree with our privacy policy as outlined on our Website.

8.2 You agree to and acknowledge the following matters:That Captain Frothbeard cannot ensure the security or privacy of information you post, transmit or submit through the Website and you release Captain Frothbeard from any liability in connection with the use of information by other parties.That any information posted, transmitted or submitted through the Website by you (including your personal information) may be shared with Captain Frothbeard promotional partners and you release Captain Frothbeard from any liability in connection with the use of information by Captain Frothbeard promotional partners.That Captain Frothbeard cannot control the use by others of any information that you post, transmit or submit via the Website and Captain Frothbeard recommends that you exercise caution when selecting the information that you submit.

Indemnity

9.1 You agree to indemnity Captain Frothbeard and its proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the Website by you, or any complaints or charges made by other parties against you.

Links

10.1 The Website contains links to sites operated by third parties. Captain Frothbeard has no control over these third-party sites and the existence of those links is not to be construed as an endorsement of the third-party sites by Captain Frothbeard.

10.2 Captain Frothbeard is not responsible for the content or material contained on the linked sites.

Intellectual Property Rights

11.1 The information and material appearing on the Website is to be used for your sole personal use only.

11.2 Captain Frothbeard reserves all intellectual property rights in the Website and any necessary software used in connection with the Website. Except as authorised by Captain Frothbeard you agree not to:Distribute the Website, in whole or part, in any formStore the Website, in whole or part, in any storage mediaRe-transmit the Website, in whole or part, in any mediaCreate derivative works based on the Website, in whole or partUpload the material to any other site on the World Wide Web.

11.3 Captain Frothbeard is a registered trademark. The Captain Frothbeard logo may not be used without the prior specific, written permission of Captain Frothbeard.

11.4 You acknowledge that the Website contains advertisements and material from Captain Frothbeards promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.

Jurisdiction

12.1 This agreement is entered into in Western Australia. This agreement is governed by and interpreted in accordance with the laws of the Western Australia.

12.2 You acknowledge that the Website contains advertisements and material from Captain Frothbeards promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.

12.3 If any part of this agreement is held unenforceable or invalid, that part of the agreement will be deemed to be severed and the remaining provisions will continue in operation.