PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.

 

Your access to and use of this website (the “Website”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Website are superseded and of no force or effect:

 

1. You agree that the Website itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Website by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Throw Your Leg Over, (“TYLO”) and are the property of TYLO and/or its third party providers. You agree that such TYLO Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Website, excluding only the materials you provide. Subject to your compliance with these Terms of Use, TYLO hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Website solely for your personal purposes. No TYLO Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by TYLO. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of TYLO, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Website or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of TYLO.

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2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Website, are copyrighted unless otherwise noted and are the property of TYLO and/or a supplier to TYLO. No such materials may be used except as provided in these Terms of Use.

 

3. All trade names, trademarks, images and biographical information of people used in TYLO Content and contained in the Website, are either the property of, or used with permission by, TYLO. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorised use of Content may violate the copyright, trademark and other proprietary rights of TYLO and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Website shall be construed as granting, by implication or otherwise, any licence or right to use any trademark or other proprietary information without the express written consent of TYLO or third party owner. TYLO respects the copyright, trademark and all other intellectual property rights of others. TYLO has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Website or in any Content in any way, you may notify TYLO at ride@throwyourlegover.com.au. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation and any other information you believe is relevant.

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4. While TYLO uses reasonable efforts to include accurate and up-to-date information in the Website, TYLO makes no warranties or representations as to its accuracy. TYLO assumes no liability or responsibility for any errors or omissions in the content of the Website.

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5. When you register with TYLO and/or this Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from TYLO. You consent to receive notices electronically by way of transmitting the notice to you by email.

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6. If you send comments or suggestions about the Website to TYLO, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of TYLO. No submission shall be subject to any obligation of confidence on the part of TYLO. TYLO shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

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7. TYLO shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Website. Use of the Website is completely at your own risk.

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8. TYLO will not intentionally disclose any personally identifying information about you to third parties, except where TYLO, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Website, you signify your acceptance of TYLO's Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Website.

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9. Neither TYLO nor any other party involved in creating, producing or maintaining the Website and/or content on the Website shall be liable under any circumstances for any direct, incidental, coincidental, consequential, indirect or punitive damages arising out of your access to or use of the Website. Without limiting the foregoing, all content on the Website is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. TYLO does not warrant or make any representations regarding the use of the materials in the Website, the results of the use of such materials, the suitability of such materials for any user's needs or the likelihood that their use will meet any user's expectations, or their correctness, accuracy, reliability or correction. TYLO does not warrant that use of the materials will be uninterrupted or error-free, that defects will be corrected or that this Website, the content and/or the materials available on this Website are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. TYLO shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

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10. TYLO shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, PayPal payment services, Square payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. TYLO reserves the right to determine, in its sole discretion, whether TYLO is responsible for any such malfunction or disruption. TYLO also reserves the right to limit your use of the Website and/or the Content or to terminate your account should TYLO determine that you have violated these Terms of Use or that you have violated any other rules or conditions of TYLO. TYLO reserves the right to refuse access to the Website and/or TYLO's Content, products and/or services to anyone in its sole discretion.

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11. In no event shall TYLO be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data or claims for service interruptions or transmission problems, occasioned by any defect in the Website, the Content and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of the theory of liability. This limitation will apply even if TYLO has been advised or is aware of the possibility of such damages.

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12. You agree to indemnify and hold TYLO and each of its officers and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Website, (iv) your use of the Website or any services that TYLO may provide via the Website, and (v) your conduct in connection with the Website or the services or with other users of the Website or the services. TYLO reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide TYLO with such cooperation as is reasonably requested by TYLO.

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13. The provisions of these Terms of Use are for the benefit of TYLO, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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14. This agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state of Queensland. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

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Last updated: November 2022

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