Terms and Conditions
DavidBunney.com provides its service to you, subject to the following Terms and Conditions, which may be updated by us from time to
time without prior notice to you. You can always view the most current version of the Terms and Conditions at any time at
1. DESCRIPTION OF SERVICE
DavidBunney.com currently provides users with access to a rich collection of resources, including, various communications tools,
forums, shopping services, personalized content and branded programming through its network of properties (the “Service”). You also
understand and agree that the Service may include advertisements and that these advertisements are necessary for DavidBunney.com
to provide the Service. You also understand and agree that the service may include certain communications from DavidBunney.com,
such as service announcements, administrative messages and the DavidBunney.com Newsletter, and that these communications are
considered part of DavidBunney.com membership and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augments or enhances the current Service, including the release of new DavidBunney.com properties,
shall be subject to the Terms and Conditions. You understand and agree that the Service is provided “AS-IS” and that
DavidBunney.com assumes no responsibility for the timeliness, deletion, mis- delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of Australia or other applicable jurisdictions. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service’s registration form (such information being the
“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete, or DavidBunney.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, DavidBunney.com has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion thereof). DavidBunney.com is concerned about the
safety and privacy of all its users, particularly children. For this reason, you must be at least 14 years old to create a DavidBunney.com
policy at DavidBunney.com
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials
(“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not DavidBunney.com, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. DavidBunney.com does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DavidBunney.com be liable in any way for
any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
When submitting a review of a service company you have hired you must provide only factual information based on your personal
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a DavidBunney.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
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4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights (“Rights”) of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law;
12. “stalk” or otherwise harass another; or
13. collect or store personal data about other users.
You acknowledge that DavidBunney.com may not pre-screen Content, but that DavidBunney.com and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the
foregoing, DavidBunney.com and its designees shall have the right to remove any Content that violates the Terms and Conditions or is
otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any
Content created by DavidBunney.com or submitted to DavidBunney.com, including without limitation information in DavidBunney.com
Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that DavidBunney.com may access, preserve, and disclose your account information and Content
if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DavidBunney.com, its users and
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital
materials to be protected, and use of these materials is subject to usage rules set by DavidBunney.com and/or content providers who
provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in
part, is strictly prohibited.
5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
DavidBunney.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with
respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant DavidBunney.com
the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of com, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of
providing and promoting the specific DavidBunney.com Group to which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you
remove or DavidBunney.com removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the
Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the time you remove or DavidBunney.com removes such
Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the DavidBunney.com network of properties that are intended by
DavidBunney.com to be available to the general public. By way of example, publicly accessible areas of the Service would include
DavidBunney.com Message Boards that are open to both members and visitors.
You agree to indemnify and hold DavidBunney.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of
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Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your
violation of the Terms and Conditions, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DavidBunney.com may establish general practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be
allotted on DavidBunney.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that DavidBunney.com has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge
that DavidBunney.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge
that DavidBunney.com reserves the right to modify these general practices and limits from time to time.
9. MODIFICATIONS TO SERVICE
DavidBunney.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that DavidBunney.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
You agree that DavidBunney.com may, under certain circumstances and without prior notice, immediately terminate your
DavidBunney.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not
be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of
inactivity. Termination of your DavidBunney.com account includes (a) removal of access to all offerings within the Service, (b) deletion of
your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all terminations for cause shall be made in this sites sole discretion and that
DavidBunney.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or
access to the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that DavidBunney.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DavidBunney.com
has no control over such sites and resources, you acknowledge and agree that DavidBunney.com is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further acknowledge and agree that DavidBunney.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through any such site or resource.
13. DavidBunney.com PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain
proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by
DavidBunney.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
DavidBunney.com grants you a personal, non-transferable and non- exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by DavidBunney.com for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. DavidBunney.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON- INFRINGEMENT.
2. DavidBunney.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DavidBunney.com OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS
MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DavidBunney.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DavidBunney.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this
DavidBunney.com may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular
mail, or postings on the Service.
19. TRADEMARK INFORMATION
DavidBunney.com, DavidBunney.com logo and other DavidBunney.com logos and product and service names are trademarks of
DavidBunney.com (the “DavidBunney.com Marks”). Without DavidBunney.com prior permission, you agree not to display or use in any
manner, DavidBunney.com Marks.
20. GENERAL INFORMATION
Entire Agreement. The Terms and Conditions constitute the entire agreement between you and DavidBunney.com and govern your use
of the Service, superseding any prior agreements between you and DavidBunney.com. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other DavidBunney.com services, affiliate services, third-party content or
Choice of Law and Forum. The Terms and Conditions and the relationship between you and DavidBunney.com shall be governed by
the laws of the State of Western Australia without regard to its conflict of law provisions. You and DavidBunney.com agree to submit to
the personal and exclusive jurisdiction of these courts.
Waiver and Severability of Terms. The failure of DavidBunney.com to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of
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competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’
intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your DavidBunney.com account is non-transferable and any rights to
your DavidBunney.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms and Conditions to our Support Team.