WORLDWIDE TERMS OF SERVICE 2016-10-18T07:16:20+00:00

Terms of Use 

BUNGARRA SOFTWARE PTY LTD WORLDWIDE TERMS OF SERVICE

Last updated March 8, 2014

These Terms of Service (the “Agreement “) set forth the terms and conditions that apply to your use of the Bungarra Software Pty Ltd web sites and the services and materials on those sites offered to you by Bungarra Software Pty Ltd, Inc. (the “Service”). By using the Service, you agree to the terms of this Agreement as if you had signed it. If you do not agree to be bound by this Agreement, please discontinue your use of the service.

I.        Content

“Content” includes the software, communications, any graphics (including textures, skins, and modules e.g. rides, cars, buildings, etc.), sounds, music, video, audio, text and all other material and information uploaded or made available by Bungarra Software Pty Ltd, you or any other user on the Service. Content is derived in whole or in part from material supplied and owned by Bungarra Software Pty Ltd and other sources. This material is protected by copyright, trademark and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works or distribute Content from the Service without the express authorization of Bungarra Software Pty Ltd. You may, however, download Content from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Content in accordance with all restrictions applicable to your use of the Service in general. In the event you download content from the Service, the Content is licensed to you (only) by Bungarra Software Pty Ltd. This means the electronic file that contains the copy of the software for the game The Surfer which is characterized as “goods” for the purposes of the ACL. This definition is excluded under the Sales of Goods Act. The licensee is entitled to the possession of the file, but the title does not transfer title to the licensee. Bungarra Software Pty Ltd does not pre-screen all Content available on the Service and does not assume any responsibility or liability for Content provided by users of the Service or by third parties. Bungarra Software Pty Ltd reserves the right to remove at its sole discretion Content for any reason. Neither Bungarra Software Pty Ltd nor its affiliates assume any liability for failure to remove, or delay in removing Content.

II.        Restrictions on Use

As part of the Service you may be provided with information, chat rooms, links to other web sites and other services that Bungarra Software Pty Ltd may decide to offer, subject to these Terms of Service. Bungarra Software Pty Ltd may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to restricting,

(i)                  the time of availability,

(ii)                the availability and/or scope of the Service for certain platforms (i.e. computer types and operating systems),

(iii)              the amount of use permitted, and

(iv)               Restricting or terminating any user’s right to use all or part of the Service, at any time in Bungarra Software Pty Ltd’s sole discretion and without prior notice or liability.

III.       Conduct

It is a condition of your use of the Service that you do NOT:

(i)                  Post, upload or transmit any Content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission

(ii)                post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, ethnic or racial slurs, hate propaganda, hate mongering, swearing or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of the return key, shouting (ALL CAPS), or flooding;

(iii)              post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;

(iv)               restrict or inhibit any other user from using and enjoying the Service

(v)                 from the owner or right holder, and such owner or holder agrees to the terms of this Agreement;

(vi)               impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Bungarra Software Pty Ltd or its affiliates;

(vii)             post, upload or transmit any information, software or other material that contains a virus or other harmful or corrupted component;

(viii)           post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software;

(ix)               post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” or “chain letters,”

(x)                 solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;

(xi)               resell or redistribute the information derived from the Service in a machine-readable database;

(xii)             use the Service to collect personally identifying information about users of the Service in violation of Bungarra Software Pty Ltd’s Privacy Policy;

(xiii)           disguise a file type to thwart Bungarra Software Pty Ltd’s detection process;

(xiv)            Improperly use the game support or complaint buttons or make false reports to Bungarra Software Pty Ltd’s staff members.

IV.  Monitoring

Bungarra Software Pty Ltd has no obligation to monitor the Community Areas or any other use of the Service. You acknowledge and agree that Bungarra Software Pty Ltd reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service, including, but not limited to, the Community Areas, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Bungarra Software Pty Ltd’s Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, Bungarra Software Pty Ltd reserves the right at all times to disclose any information posted on the Community Areas or on any other portion of the Service as necessary to satisfy any law, regulation, or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Bungarra Software Pty Ltd’s sole and absolute discretion are objectionable or in violation of this Agreement.

V.  Licence

By uploading Content, inputting data, or engaging in any other form of communication (a “Communication”) through the Community Areas and the Service you are granting Bungarra Software Pty Ltd a royalty-fee, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to:

(i)                  Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication will be subject to any obligation of confidence on the part of Bungarra Software Pty Ltd. You waive and relinquish any “moral rights” that may exist in any Communication, and agree not to assert any moral rights in any Communication and

(ii)                Use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication

VI.   Downloadable Software Licence Terms

Any software that you may download from this Site (“Downloaded Software”) is the copyrighted work of Bungarra Software Pty Ltd and/or its licensors. Use of Downloaded Software is governed by the terms of any end-user license agreement that may accompany the Downloaded Software. The following terms apply to your use of Downloaded Software (to the extent not inconsistent with any accompanying end-user license agreement):

(i)                              Bungarra Software Pty Ltd hereby grants to you a personal, non-exclusive, non-transferable, limited license to use the object code version of the Downloaded Software solely on your single personal computer;

(ii)                            In the event you download content from the Service, the Content is licensed to you (only) by Bungarra Software Pty Ltd. This means the electronic file that contains the copy of the software for the game The Surfer which is characterized as “goods” for the purposes of the ACL. This definition is excluded under the Sales of Goods Act. The licensee is entitled to the possession of the file, but the title does not transfer title to the licensee.

(iii)                          Other than warranties and conditions implied by relevant legislation including the Australian Consumer Law 2010, the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void (“Non-excludable Condition”). Downloaded Software is provided strictly on an “as-is” basis and it contains defects and bugs.  Aside from statute provisions, it is provided without any warranties of any kind, whether expressed or implied, non-infringement or compatibility with your computer hardware or software;

(iv)                           Bungarra Software Pty Ltd has no liability of any kind or nature in connection with your use of the Downloaded Software (including liability for any consequential or incidental damages), and the entire risk of use (including without limitation any damage to your computer hardware or software) resides with you; and

(v)                             Your license to use the Downloaded Software will terminate automatically and without notice in the event that you violate any of these license terms.

VII.  Content in the Community Areas and on the Service

Communications posted in the Community Areas and through the Service are provided by users who are unaffiliated with Bungarra Software Pty Ltd, and the user providing each such Communication is solely responsible for its content. In using the Community Areas or receiving e-mail messages through the Service, you should not assume that such messages have been reviewed by Bungarra Software Pty Ltd, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstance will Bungarra Software Pty Ltd be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mail, or otherwise transmitted via the Service.

VIII.  Personal Safety

When using the Service, please be certain that anything that you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

IX.    Submissions

Bungarra Software Pty Ltd is pleased to hear from users and welcomes your comments regarding Bungarra Software Pty Ltd’s programs and services. Bungarra Software Pty Ltd’s company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Bungarra Software Pty Ltd’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while Bungarra Software Pty Ltd values your feedback, Bungarra Software Pty Ltd must ask that you do not send original creative materials. If, at Bungarra Software Pty Ltd’s request, you send specific submissions (postings to the Community Areas, or contests), or, without a request from Bungarra Software Pty Ltd, you send creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), they will be deemed, and will remain, the property of Bungarra Software Pty Ltd, and will otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Bungarra Software Pty Ltd. Disclosure, submissions, or offer of any Comments will constitute assignment to Bungarra Software Pty Ltd of all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Comments. Bungarra Software Pty Ltd may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Bungarra Software Pty Ltd and will own exclusively all such rights, title, and interest and will not be limited in any way in its use, commercial or otherwise, of the Comments. Bungarra is and will be under no obligation to:

(a)     Maintain any of your or any user’s Comments in confidence;

(b)     Pay to you or any user any compensation for any Comments;

(c)     Or Respond to any of your or any other user’s Comments.

X.  Dealing with 3rd Party Business

Your correspondence or business dealing with, or participation in promotions of merchants 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 merchant. Bungarra Software Pty Ltd will 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 merchants on the Service.

XI.  Disclaimer of Warranties

BUNGARRA SOFTWARE PTY LTD HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER BUNGARRA SOFTWARE PTY LTD SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE ARE PROVIDED “AS IS”. PRODUCTS DO CONTAIN BUGS AND DEFECTS AND ANY REMEDIES IF APPROPRIATE, ARE SUBJECT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BUNGARRA SOFTWARE PTY LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUNGARRA SOFTWARE PTY LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information and the completeness, accuracy and usefulness of any content found on the Service. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided. You acknowledge and agree that your use of the Service, and any information sent or received in connection with that use, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

XII.  Limitation of Liability

IN NO EVENT WILL BUNGARRA SOFTWARE PTY LTD, ITS SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF BUNGARRA SOFTWARE PTY LTD OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BUNGARRA SOFTWARE PTY LTD, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. ASIDE FROM STATUTE PROVISIONS WITHIN THE ACL 2010, SOME COUNTRIES AND THEIR STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME COUNTRIES AND THEIR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM COUNTRY TO COUNTRY, STATE TO STATE.

XIII.  Indemnification

You agree to defend, indemnify and hold harmless Bungarra Software Pty Ltd, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from

(a)     any Content or other material uploaded, posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or intellectual property right of any person or defames any person or violates their rights of publicity or privacy,

(b)     any misrepresentation made by you in connection with your use of the Service; and

(c)     claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

XIV.   Termination

Bungarra Software Pty Ltd may, in its sole discretion, terminate your use of the Service, or remove and discard any communication transmitted by you or information stored, sent, or received via the Service without prior notice and for any reason. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Bungarra Software Pty Ltd may be entitled in law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Bungarra Software Pty Ltd and its licensors.

XV.   Trademarks

The Surfer® is a trademark of Bungarra Software Pty Ltd, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Bungarra Software Pty Ltd or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.

XVI.  Minors

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Service, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Service; (c) the consequences of any use of the Service by such Minor. Children under the age of 12 cannot enter restricted areas of the Service. At various places on the Service, we ask users to enter their age. Bungarra Software Pty Ltd relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.

XVII.  Infringement Policy

Bungarra Software Pty Ltd, reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Bungarra Software Pty Ltd accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to various international Acts such as 17 U.S.C. Section 512(c), Bungarra Software Pty Ltd has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the various Acts. All claims of infringement must be submitted to Bungarra Software Pty Ltd in written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.

  • By Mail
  • Bungarra Software Pty Ltd
  • POBox253MosmanPark
  • Perth,Western Australia6912

In addition, any written notice regarding any defamatory or infringing activity, whether of copyright, patent, trademark or other proprietary right must include the following information:

A physical or electronic signature of a person authorized to act on behalf of

(1)     the owner of an exclusive right that is allegedly infringed or

(2)     the person defamed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at the site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

 Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to mail address. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

XVIII. Modification

Bungarra Software Pty Ltd reserves the right in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, or feature of the Service. Such amendments, modifications, additions or deletions will become effective upon notice of that action, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you will constitute your binding acceptance of any such amendments, modifications, additions or deletions.

XIX.  Export Control Information

Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote the Bungarra Software Pty Ltd Service and other products available inAustralia, its territories, possessions and protectorates. The Service is controlled and operated by Bungarra Software Pty Ltd from its offices within the state ofWesternAustralia,Australia. Bungarra Software Pty Ltd makes no representation that materials on the Service are appropriate or available for use outside theAustralia. Those who choose to access the Service from outside Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent that the local laws are applicable. Software from the Service is further subject to Australian export controls. No software from the Service may be downloaded or otherwise exported or re-exported

(A)     into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which Australia has embargoed goods, or

(B)     To anyone on the Australian Government list of Specially Designated Nationals. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

XX.   INTELLECTUAL PROPERTY

The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video(s), graphics, music and sound, and the entire contents of the Sites and each area contained therein are copyrighted as a collective work and owned by Bungarra or its licensors under national and international laws. Bungarra owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that Bungarra enables you to download) without the express written permission of Bungarra and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the Bungarra and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

XXI.   CHARGES, BILLING AND FREE TRIALS

Outright purchase or one off transactions for games are not subject to ongoing subscription based fees.

You may be a Member of the Sites without paying Bungarra to participate in a game or other activity. However, Bungarra may, at its discretion charge monthly subscription fees to access certain areas of the Sites, play certain premium games and participate in related activities on the Sites. You must be a Member of Bungarra and pay the subscription or other fees to participate in these activities. If you must pay a subscription fee to access part of our Site or play a particular game, this information will be posted on the applicable Site. You will be given the option to subscribe to the game by providing us with a valid credit card number and billing information. Current subscription fees and other billing information will be held as strictly confidential.

When you subscribe to play certain games, you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different than the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms.

XXII.   Payment by Credit Card

You must use a credit card to pay for your subscription(s) or outright product purchases. When you provide credit card information to Bungarra, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. Each month that you use the Site, you agree and reaffirm that Bungarra is authorized to charge your credit card for the subscription fee. You agree to promptly notify Bungarra of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Bungarra if your credit card expires or is cancelled for any reason.

XXIII.  Charges to Your Credit Card

YOUR OUTRIGHT PURCHASE OR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Bungarra reserves the right to change our fees or billing methods at any time and Bungarra will provide notice of any such change at least thirty (30) days advance. All changes will be posted on the Sites and you are responsible for reviewing the billing section of the Sites to obtain timely notice of such changes. Your continued use of the Sites for thirty (30) days after posting of the changes on the Sites means that you accept such changes. If any change is unacceptable to you, you may cancel your membership or a particular subscription at any time. However, Bungarra will not refund any fees that you have paid for outright game purchases or in the case of subscription, may have accrued to your Account before cancellation of your membership or subscription and we will not prorate fees for any subscription. If your use of the Sites is subject to use or sales tax, then Bungarra may also charge you for any such taxes, in addition to the subscription or other fees published in the billing section of the Site.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless you’re Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

XXIV.   Taxes

You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by Bungarra. Bungarra and/or any sponsor who provides a particular prize may report the value of the prize to taxing authorities.

XXV.    Trial Subscriptions

For some games and activities offered through the Sites, we may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your Account for that game or activity when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using the Sites, even when we offer a free trial subscription.

XXVI.    SHOPPING

The shops (“Shops”) on the Sites provide you the opportunity to purchase various Bungarra products and services. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the Shop in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Shop.

XXVII.   ONLINE GAMING ZONE

Bungarra reserves the right to use numeric codes, global unique identifiers, cookies or other technologies in order to identify specific computers that access the Sites. This information may be monitored to develop aggregate and anonymous statistics regarding computer use that may be used for Bungarra operations or by third parties. Computer identification technology may also be used to enforce these Terms of Use.

XXVIII. GENERAL TERMS AND CONDITIONS

These Terms of Use are governed by the laws ofAustralia. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts inAustraliain all disputes arising out of or relating to the use of the Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bungarra as a result of these Terms of Use or use of the Sites. Bungarra reserves the right to disclose any personal information about you or your use of the Sites, including its contents, without your prior permission if Bungarra has a good faith belief that such action is necessary to:

(1)     conform to legal requirements or comply with legal process;

(2)     protect and defend the rights or property of Bungarra or its affiliated companies;

(3)     enforce the Terms of Use; or

(4)     act to protect the interests of its Members or others. Bungarra’s performance of these Terms of Use are subject to existing laws and legal process, and nothing contained in these Terms of Use are in derogation of Bungarra’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Bungarra  with respect to such use. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of theses Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Bungarra Software Pty Ltd with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bungarra with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

All content of the Sites are: Copyright © Bungarra Software Pty Ltd Australia. All rights reserved.

TRADEMARKS: Bungarra Software Pty Ltd, www.bungarra.com, The Surfer® and/or other products, names and logos referenced herein are either trademarks or registered trademarks of Bungarra. The names and logos of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.