Terms & Conditions
TERMS AND CONDITIONS OF USE
The terms and conditions set out below apply to your use of www.ggarmy.com and variations thereof and any other digital publication of Green and Gold Army Pty Ltd (‘GGArmy Website’).
2.1. GGArmy grants you a licence to access and use the GGArmy Website, provided that:
a) your use is for personal, non-commercial purposes;
b) you do not copy, publish or distribute any part of the GGArmy Website;
c) you do not alter or modify the GGArmy Website in any manner other than as reasonably required for your use of the GGArmy Website; and
d) you otherwise comply with these Terms and Conditions.
3. USER ACCOUNT
3.1. To access some sections of the Website, you will need to create an account (‘User Account’). You must provide us with complete and accurate information and you agree to keep your password secure in respect of your User Account.
3.2. By creating a User Account you agree to receive email communications from GGArmy regarding GGArmy activities (including but not limited to newsletters, promotions, competitions and surveys) and the activities of GGArmy’s partners from time to time. You may opt out from receiving these emails by following the ‘opt out’ procedures contained in GGarmy emails or by cancelling your User Account.
3.3. You are responsible for all use of the GGArmy Website that occurs on your User Account. You must immediately notify GGArmy if you suspect that another is using your account. GGArmy is not responsible for any loss you may incur as a result of another’s use of your account, whether authorized or not, however, you may be responsible for any loss GGArmy suffers resulting from another’s use of your account to the extent that you would be responsible for such use as set out in these Terms and Conditions.
4. YOUR SUBMISSIONS
4.1. You are able to submit content to various sections of the GGArmy Website (‘User Submissions’). User Submissions may be in the form of text, photo, audio or video content or any other form of media. GGArmy may publish your User Submissions, but it is not obliged to.
4.2 You are responsible for your User Submissions and warrant that:
a) you have the right, permission or licence to use the content that forms your User Submissions;
b) you have the right, permission or release to use the name or likeness of any identifiable person who forms part of your User Submissions; and
c) your User Submissions do not infringe the copyright, property right or privacy right of any third person.
4.3 You agree that content that forms your User Submissions:
a) is not sensitive or confidential;
b) is not defamatory, untrue, a misrepresentation, racist, obscene, insightful, hateful or otherwise likely to damage the reputation of GGArmy; and
c) does not, or will not have the effect of, soliciting business.
4.3 You own the Intellectual Property rights which subsist in your User Submissions. However, you grant GGArmy a worldwide non-exclusive, royalty free licence to publish your User Submissions on the GGArmy Website and in GGArmy’s marketing material, whatever the form of media (‘Licence’).
4.4 You may terminate the Licence at any time by giving GGArmy written notice to that effect. However, you agree that GGArmy may continue to use your User Submissions (on the same terms and conditions of the Licence) for a period of twelve (12) months after the termination of the Licence in its marketing material if GGArmy was using your User Submissions in its marketing material at the time that you terminated the Licence.
4.5 GGArmy may without notice remove any User Submissions if in its absolute discretion it considers the content forming those User Submissions breaches these Terms and Conditions. GGArmy in its absolute discretion may also suspend or cancel your User Account if any of your User Submissions breach these Terms and Conditions.
4.6 You acknowledge and agree that when using the GGArmy Website you may be exposed to User Submissions that you consider to be offensive, harmful, obscene or untrue. Upon notification of such content, GGArmy will make an assessment of the content, and if it considers the material to breach these Terms and Conditions it will remove the content from publication. You agree that you will hold GGArmy, its officers, employees and agents harmless for your exposure to the material referred to in this clause 4.6 and you hereby waive any legal or equitable remedy you may otherwise be entitled to by reason of that exposure.
4.7 If you believe that any User Submissions breach your copyright, please contact GGArmy with the details of the alleged breach immediately. GGArmy may elect to remove the content referred to in your allegation, however this shall not be deemed to be admission of liability by GGArmy in any way.
5. INTELLECTUAL PROPERTY
5.1 All content on the GGArmy Website except for User Submissions is owned by or licenced to GGArmy.
5.2 You agree that you will not copy, reproduce, alter, distribute, publish or use in any manner any content on the GGArmy Website other than as permitted under these Terms and Conditions or in the ordinary course of your use of the GGArmy Website without the express written consent of GGArmy, such consent to be withheld by GGArmy in its absolute discretion.
6. INDEMNITY FROM YOU TO GGARMY
You agree to indemnify GGArmy, its officers, employees and agents from and against all claims, damages, obligations, liabilities, debts, costs and expenses (including legal fees on a full indemnity basis) arising from:
a) your use of the GGArmy Website;
b) your violation of any third party right, including any copyright, property, or privacy right;
c) your breach of these Terms and Conditions; or
d) your User Submissions.
The indemnities referred to in this clause 6 shall survive the termination of these Terms and Conditions and your use of the GGArmy Website.
7. NO WARRANTY
7.1 You agree that your use of the GGArmy Website is solely at your risk. To the fullest extent permitted by law, GGArmy, its officers, employees and agents disclaim all warranties whether express or implied in connection with Website and your use of it.
7.2 GGArmy does not warrant or represent that the content on the GGArmy Website or on any other website linked to the GGArmy Website is accurate or complete.
7.3 GGArmy does not warrant as to the fitness and appropriateness of any the products or services advertised by third parties on the Website and you agree that GGArmy shall in no way be responsible for your dealings with third parties who so advertise.
8. LIMITATION OF GGARMY’S LIABILITY
8.1 To the fullest extent permitted by law, and in respect of the GGArmy Website, in no way shall GGArmy, its officers, employees or agents be liable for any remedy at law or at equity resulting from:
a) any errors of content;
b) your exposure to any User Submissions
c) any personal injury or property damage resulting from your use or reliance on the content on the GGArmy Website including the advertising of ‘live site venue’ information and other ‘match day procedure’ information;
d) any viruses, Trojan horses or the like which is transmitted through the GGArmy Website by a third party;
e) your patronage of live site venues or participation in match day procedures which are advertised on the GGArmy Website; or
f) any unauthorized access of secure servers which results in access to personal, sensitive and/or financial information stored therein.
8.2 In addition to the limitations set out in clause 8.1, you acknowledge and agree that GGArmy is not in any way liable for the content contained in your User Submissions by reason of its publication of them.
GGArmy may in its absolute discretion terminate your licence to access the GGArmy Website by cancelling your User Account and taking any other reasonable measure to prohibit your access of the GGArmy Website.
GGArmy may vary these Terms and Conditions at any time without notice. By continuing to use and visit the GGArmy Website you agree to be governed by these Terms and Conditions as the case may be from time to time. It is your responsibility to check whether these Terms and Conditions have been varied.
11. NO WAIVER
Any failure by GGArmy to enforce any right or obligation under these Terms and Conditions shall not constitute a waiver of that right or obligation and GGArmy may at any time seek to enforce that right or obligation.
If any provision under these Terms and Conditions is deemed to be invalid, then that provision shall be severed from these Terms and Conditions and the other provisions of these Terms and Conditions shall continue to have effect to the fullest extent permitted by law.
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of Victoria, Australia and you submit to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and Conditions and the courts entitled to hear appeals from those courts.
14. ENTRY INTO TERMS AND CONDITIONS
By using the GGArmy Website, you acknowledge and agree that you have the capacity to enter into and be governed by these Terms and Conditions.