TERMS OF SERVICE
Please read The Terms carefully before using, purchasing goods, or submitting Content, in any way, form or medium on the Services. BY CONTINUING TO USE THE SERVICES YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES. The Terms shall have the same force and effect as an agreement in writing.
The Terms may change from time to time as appropriate. The most current version of The Terms will be available on the site forevernetwork.com.
1. The Services. We may suspend or discontinue our Services, or your access to publish on the Services. THE SERVICES ARE PROVIDED "AS-IS", WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT SET OUT IN THESE TERMS. From time to time without notice we may restrict users ability to publish content, edit their published Content, or remove Content entirely, at our sole discretion, as we believe to be in the best interests of The Company and our users as a whole. Further, from time to time we may discontinue the Services entirely, whether temporarily or indefinitely. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD FOREVER NETWORK EXERCISE ITS RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE SERVICES, OR YOUR ACCESS PRIVILEGES. The status of some of the Services is available from time to time at status.forevernetwork.com. In performing any obligation under The Terms, Our only duty is to exercise reasonable care and skill.
2. Content Rights. Whats ours is ours and whats yours is yours.
a) Whats Ours is Ours: Your use of our content is restricted, we have rights in our content and our services.
i) Our Services, including all Content contained on the sites, is protected by copyright as a collective work or complication under the copyright laws of Australia and other jurisdictions. The company, in accordance with, and subject to the rights of our licensors and licensees under applicable agreements and understandings, have all rights therein.
ii) All individual articles, text, photographs, graphics, videos, magazine publications, content pieces and other elements that comprise our Services are also copyrighted works and we have rights therein. You must abide by the copyright notices and restrictions contained our Services.
iii) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of our Services, or any Content thereon. Just as we from time to time excerpt materials from other sources to support the content we create and distribute, we respect the right of others to make “fair use” of the materials on our Services. We explicitly do not permit the use of such content when ‘Basketball Forever’ watermarks or badges are removed, patched or cropped.
b) Whats Yours is Yours: You have rights if you believe your copyright or trademark rights are being infringed on the Services. Please see the copyright contact page on the Forever Network site (forevernetwork.com/copyright), then contact us, and we will endeavour to resolve the issue.
3. You grant us certain rights when you submit content to us.
a) By submitting content to us, or posting it on the Services; you are giving Forever Network, our affiliated agents, employers, third party contractors, and other related parties, the right to;
i) publish and display such Content (either in the form submitted or in a derivative, or adopted work) on the Services, and other related sites and publications, including Facebook, Twitter, Youtube and Instagram;
ii) store the Content on a database or repository for future use; and
ii) distribute and use the Content for promotional and marketing purposes.
b) By submitting content to us, or posting it on the services; you are granting the company a world-wide, royalty-free, non-exclusive license for the period of copyright to reproduce, use, publish and otherwise distribute the Content (either in the form submitted or in a derivative or adopted work), for any purposes, including commercial, that The Company determines appropriate. The Company may license, sell or otherwise monetise the content.
c) You agree that you will not make a claim in relation to payment for any Content, other than in respect to another written agreement you have with The Company.
d) The Company is not obliged to use any Content you provide. However We may use any Content in any way we see fit.
4. You make certain warranties to us when you upload Content on the services, or otherwise submit it for publication.You are solely responsible for your own submissions and the consequences of posting or publishing them on the Services.
a) When you upload Content to the Services you affirm, warrant and represent that:
i) you are the sole or otherwise legal and beneficiary owner of the right, title and interest of such Content, free of any security interests;
ii) you are entitled to sell, transfer and assign such right, title and interest as you wish without requiring the consent of any person, or, you have sought and obtained such consent in writing;
iii) so far as you are aware, no Intellectual Property rights are being infringed, misappropriated, or used without permission by any third party;
iv) the Content you submit does not include; falsehoods or misrepresentations that could damage The Company or any third party; material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, spamming, hateful, racially or ethically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or is otherwise inappropriate;
v) the Content does not include advertisements or solicitations of business of any kind;
vi) there is no litigation pending in respect to the Content; and
vii) there is no breach, claim or demand that has been received from any person in relation to the Content.
b) When you upload content to the services you affirm, warrant and represent that in the case we choose to distribute the Content on third party services:
i) You will not seek or make claim to another third party service, namely Facebook, Twitter, Instagram and Youtube, in respect to that Content’s, Intellectual Property or Copyright, or any alleged infringements on that Content’s Intellectual property or Copyright;
ii) In the case that you wish to have the Content removed from our Services or a page/portal on a third party service, you will complete our designated copyright reporting form available at forevernetwork.com/copyright in accordance with clause 2.b.
iii) You may be held liable for any damages and costs incurred by Forever Network in respect to your breach of this sub clause 4.b.
iv) You acknowledges that, without in any way compromising any right of Forever Network to seek damages or any other form of relief in the event of your failure to comply with clause 4.b, Forever Network may seek and obtain injunctive relief to prohibit or restrain you from any breach or threatened breach of clause 4.b.
5. Indemnification. You will be responsible and liable for any harm suffered as a result of your violation of the Terms Of Service, or any breach by you, of your representations and warranties within these terms. YOU AGREE TO DEFEND, INDEMNIFY, HOLD HARMLESS AND UNCONDITIONALLY RELEASE FOREVER NETWORK PTY LTD, ITS OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND EXPENSES MADE BY YOU, INCLUDING ALL REASONABLE ATTORNEYS FEES, THAT ARISE FROM YOUR BREACH OF THE TERMS. Further, in such cases, you agree to provide Forever Network with such cooperation as is reasonable requested by Us.
6. E-Commerce and the Online Store.
a) General. Our Online Store’s allows users to purchase apparel, posters and other merchandise. By using the store you warrant that: you are over 18, or have parental permission; and are legally entitled to use the means of payment tendered, including the cardholders explicit permission in the case of credit/debit card payments, and the accountholders explicit permission in the case of Paypal or Apple Pay transactions.
b) Delivery. We aim to deliver the product to you at the place of delivery requested by you in your order. Delivery times are influenced by a number of factors including product availability, manufactures availability and delivery volumes. Any delivery times on the website are estimations only and we accept we cannot promise an exact date. We do not recommend shipping to Post Office (PO) Boxes. WE WILL NOT BE LIABLE FOR ANY DELIVERY ISSUES OR COSTS ASSOCIATED WITH SHIPPING TO PO BOXES. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
c) Cancellation by The Company. We may cancel an order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. Unless otherwise stated WE WILL NOT BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY, IF WE SUSPEND OR CANCEL A TRANSACTION AFTER YOU HAVE PLACED THE ORDER.
d) Cancellation by the customer. If you wish to cancel your order please email [email protected] Cancellation fees may apply. Once an order has been dispatched, or begun processing by our suppliers, it may not be cancelled.
e) Privacy. When you sign up on the Services, or purchase goods from the Online Store's, we may collect and store personal information. Payments are processed via third party providers, and we do not collect or store sensitive payment or credit card information. We require the information you submit to fulfil orders, for internal record keeping, resolve issues with third party suppliers/payment gateway providers, and to improve our Services.
f) Nothing stated on this website, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Competition and Consumer Act 2010, as well as any other implied warranties under other consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").
7. Force Majeure. THE COMPANY WILL NOT BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY BREACH, HINDRANCE OR DELAY IN THE PERFORMANCE OF THE SERVICES OR THE TERMS, OR ANY OTHER CONTRACTUAL AGREEMENTS, INCLUDING THE ORDERING OF GOODS VIA OUR ONLINE STORE, DUE TO AN EVENT OF FORCE MAJEURE, REGARDLESS OF WEATHER THE CIRCUMSTANCES COULD HAVE BEEN FORESEEN.
8. Errors and Omissions Expected. We do not make any warranties, express or implied, that the news, information, and other Content on the Services is accurate. We are not liable for any damages or harm as a result of your use of the Services. Information published on our Services by third parties is not adopted by us and remains the responsibility of such third parties. We have no special relationship or fiduciary duty to you, and you release us from all liability for you having acquired content through the Services.
9. Promotions. The Services may contain or offer a number of promotions, sweepstakes and competitions, which may be governed by a separate set of rules that describe the promotion, including eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those requirements if you wish to enter, and determine the sponsor’s requirements of you in connection with the applicable promotion.
10. We may be required to disclose certain information. Forever Network may be required to disclose any information you submit to the Services, without your prior notice or consent, for good faith circumstances, including, to fulfil orders placed through the Online Store, by order of law or any court, to enforce The Terms, to resolve issues with third party suppliers/payment gateway providers, to improve the Services, and to protect the rights, safety and property of The Company, it's employees, customers, and any third parties.
11. We are not responsible for and do not necessary hold the opinions of third party content submissions. Opinions and other statements expressed by third parties on the Services are not the views and opinions of The Company. Forever Network does not undertake any obligations and liability in relation to such Content. The Company does not undertake or assume any duty to monitor our Services for inappropriate or unlawful content, due to the impracticable scale of the task. Notwithstanding the forgoing, Forever Network reserves the right to remove any content at any time for any reason at its sole discretion.
12. We Are Not Responsible For Third Party Services. The Services may contain links to other websites, including but not limited to Facebook, Twitter, Youtube, our partners, other websites, Services and resources. When you access third party sites on the Internet, you do so at your own risk, these resources are not under our control and The Company is not liable for any function of such content or sites. The inclusion of any link does not imply our endorsement or association. WE ARE NOT LIABLE, DIRECTLY OR CONSEQUENTIALLY FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED IN RELATION TO YOUR ACCESS TO OTHER SITES OR SERVICES.
13. Location of Site and Services. The information on the Services is not intended for any person or entity in a jurisdiction where such distribution would be in breach of the laws and regulation of that, or other jurisdictions. The company operates and controls the site from Sydney, Australia. Anyone using or accessing the Services from other locations do so at their own initiative and are responsible for their own compliance with local laws.
14. No Employment; No Third Party Beneficiaries. Nothing in this agreement creates a relationship of employment, partnership, franchise, agency, fiduciary relationship, or joint venture between the parties. Submitting content to the Services does not entail any relationship between you and The Company. There are no third party beneficiaries to The Terms. You should not name Forever Network or hold yourself our as having any relationship with Forever Network without our prior consent. If you wish to become an employer of Forever Network, contact us.
15. No Waiver of Enforceability. Our failure to enforce any part of The Terms shall not constitute a waiver of Our right to later enforce that or any other parts of The Terms. In order for any waiver of compliance with respect to The Terms to be binding, We must provide you with written notice from an authorised representative.
16. No Modification. The Terms may only be varied through a written agreement between yourself and The Company, executed by both parties. The Company may from time to time update The Terms, in which case the updated Terms will be posted on the Services. It is your responsibility to check the terms periodically for changes.
17. Limitation of Liability.
a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREVER NETWORK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY LOSS OF REVENUE, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPERATION TIME, GOODWILL, CONTRACTS, REPUTATION, ANTICIPATED SAVINGS, AND THE LOSS OF, DAMAGE TO OR CORRUPTION OF DATA AS A RESULT OF;
i) YOUR USE OF, OR INABILITY TO ACCESS THE SERVICES;
ii) ANY CONTENT OBTAINED ON THE SERVICES; AND
III) THE ACTIONS OR CONTENT OF ANY THIRD PARTY ON THE SERVICES INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL OR TORTIOUS CONDUCT.
b) SUCH LIABILITY IS EXCLUDED WHETHER IT IS FORESEEABLE, KNOWN, FORESEEN OR OTHERWISE.
c) IN NO EVENT SHALL THE TOTAL LIABILITY OF FOREVER NETWORK UNDER THE TERMS OR ANY CONTRACT FORMED UNDER THE TERMS, INCLUDING THE ORDERING OF GOODS VIA OUR ONLINE STORE, EXCEED THE LESSER OF; ONE HUNDRED AUSTRALIAN DOLLARS ($100 AUD); OR THE VALUE OF THE GOODS OR CONTRACT GIVING RISE TO THE CLAIM.
d) THE LIMITATIONS OF THIS CLAUSE SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON STATUE, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE AND EVEN IF A REMEDY SET FORTH ON THE SERVICES IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
18. Severability. If any provision of The Terms offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then:
a) Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
b) in any case the offending provision must be severed from the terms for that jurisdiction in which event the remaining provisions of the terms operate as if the severed provision had not been included.
19. Governing Law. The Terms are governed by and constructed in accordance with the laws from time to time in the state of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the case of a dispute arising we strongly advice you to contact us first and seek a resolution.
a) Definitions: For the purpose of The Terms;
i) the term “Content” means, regardless of the form or medium it is contained in, information, data, text, videos, art, graphics, photographs, image vectors, audio clips, comments, software, scripts, interactive features generated, provided or otherwise made accessible on the Services;
ii) the term “Royalty-free” means without payment, or reimbursement of any kind, including licensing fees;
iii) the term “Intellectual property Rights” means all intellectual and industrial property rights, including copyright, trademarks or trade names, patents, designs (whether registered or pending registration), goodwill, trade secrets, secret processes, Moral Rights, and other like rights whether arising by common law or by statute;
iv) the term "Online Store" means the online purchasing facilities that We operate from time to time to time on our website and other third party services, including on Facebook, the Messenger platform, and Fancy;
v ) the term “Force Majeure” means, an event that is beyond the reasonable control of The Company, including, natural disasters, actions of third parties (including suppliers, manufactures, courier servicers, hackers, suppliers, governments and other statutory authorities), strikes, terrorism, arrests, third-party software failures, mechanical breakdowns, shortages of supplies and materials, medical emergencies, telecom, utility or internet failures, national emergencies, epidemics, piracy, acts of god and warlike operations.
Where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word of phrase has the corresponding meaning.
c) In The Terms, headings, sub-headings, bold text, bullets and numbering are for convenience only and do not affect its interpretation.
d) You must not assign, transfer, sub-contract, create any trust over or novatate any of your responsibilities under The Terms without Our prior written consent.
e) Any references to The Company includes The Companies’ executors, body corporates, administrators, successors and permitted assignees, including any person taking by the way of novation.
f) A reference in The Terms to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.
g) Words indicating the singular include the plural (and vice versa) and words indicating a gender include every other gender.
h) References to the word ‘include’ or ‘including’ are to be construed without limitation.
i) No provision of The Terms will be construed adversely to a party solely on the ground that the party was responsible for the preparation of The Terms.
j) A reference to a clause, section or part is a reference to a clause, section or part of The Terms.
k) Defamation. We reserve the right to publish any threats of defamation or litigation that We receive.
Last Updated: October 2016