Terms and Conditions

POLYBONK TERMS OF SERVICE AND LICENCE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“USER”) AND POLYBONK STATING THE TERMS THAT GOVERN YOUR USE OF THE POLYBONK SERVICE. TO AGREE TO THESE TERMS, CLICK "AGREE". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE", AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND POLYBONK MAY REFUSE ACCESS TO THE POLYBONK WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

AGREEMENT

1. INTERPRETATION

1.1 In this Agreement the following terms have the following meanings, unless the context indicates otherwise:: (a) “Account” means any account established or received by the User.; (b) “Products” means digital content, including (without limitation) sound recordings, pictures, audio-visual material, software and data files), purchased through the Service.; (c) “Service” means the service provided by Polybonk that allows the User to purchase Products subject to the terms of this Agreement.; (d) “Subscription” means a right to purchase a range of specified digital content for a specified time frame upon payment of the one specified fee.
1.2 In this Agreement, unless the context indicates otherwise:: (a)the plural of any term includes the singular of that term, and the singular includes the plural;; (b)a reference to a Section or clause is a reference to a section or clause of this Agreement;; (c)headings are for convenience only and do not affect the interpretation of this Agreement.
2. REGISTRATION: 2.1 The User must register to use the Service.; 2.2 If the User is under 18 years of age, the User should review this Agreement with his or her parent or guardian and ensure that he or she understands the terms of this Agreement prior to using the Service.; 2.3 The User must provide accurate, current and complete information in order to register for the Service and when using the Service as may be required by Polybonk.; 2.4 The User must update the User's information in order to ensure that it remains accurate, current and complete.; 2.5 Polybonk may terminate your rights to all or any part of the Service if any information that you provide is false, inaccurate or incomplete.; 2.6 The User agrees that Polybonk may use any information that the User provides (including credit card information) for the purposes of maintaining the User's Account and billing fees to the User's credit card.; 2.7 The User acknowledges that in using the Service the User may encounter content that may be deemed to be offensive, indecent, or objectionable, which content may or may not be identified as such.; 2.8 The User uses the Service at his or her own risk, and agrees that Polybonk shall have no liability in respect of any content that is deemed to be offensive, indecent, or objectionable.
3. ACCOUNT: 3.1 The User must maintain the confidentiality and security of the Account and any password that relates to the Account.; 3.2 The User must not allow anyone else to use the Account.; 3.3 The User must not use or attempt to use anyone elseâ€™s account.; 3.4 The User must notify Polybonk immediately of any unauthorised use of the Account or any other breach of security.; 3.5 Polybonk is not responsible for any loss suffered by the User as a result of the unauthorised use of the Account.
4. SYSTEM SECURITY: 4.1 The User understands and acknowledges that the Service and Products are protected by copyright law, and that the usage of the Service and/or the Products is subject to conditions of use under this Agreement.; 4.2 The User must not interfere with, or attempt to interfere with, any security measures or components.; 4.3 The User must not assist anyone else to interfere with, or attempt to interfere with, any security measures or components.; 4.4 Without limiting the generality of clauses and , a person interferes with a security measure or component if the person:; 4.5 The User must not modify or attempt to modify the Polybonk Website.; 4.6 Polybonk may monitor the User's usage of the Service to ensure that the User complies with the Terms of this Agreement.
5. PURCHASE OF PRODUCTS: 5.1The User must pay for all Products that the User purchases through the Service.; 5.2 By purchasing any Product through the Service, the User agrees to use that Product solely in accordance with any conditions attached to the use of that Product under this Agreement, and in particular under Section 7.; 5.3 If the User elects to purchase Products via a Subscription, the User must pay any applicable Subscription fee, regardless of whether the User obtains any Products during the Subscription period.; 5.4 Polybonk may charge the User for all Products purchased, and all additional amounts (including any applicable taxes) that may be accrued by or in connection with the User's Account.; 5.5 The User must provide Polybonk with valid credit card information or another valid form of payment, for the payment of all fees billed to the Account.; 5.6 All fees will be billed in accordance with the method selected by the User during the registration and purchase process.; 5.7 The User may change the User's credit card information from time to time.; 5.8 The User is solely responsible for ensuring that the User has any necessary hardware and/or software necessary to access, use, and retain a Product and any electronic records relating to the User's use of the Service and/or purchase of Products.; 5.9 Once the User receives a Product, Polybonk is not responsible for any loss, theft, damage, or destruction of the Product, and is not required to replace the Product.; 5.10 Polybonk may make additional Products available and/or to withdraw the availability of any Products at any time including during the period of any Subscription.; 5.11 Polybonk may vary the price of any of the Products at any time.; 5.12 On occasion, technical problems may delay or prevent delivery of a Product to the User.; 5.13 The User's exclusive and sole remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of the Product, or refund of the purchase price paid for the Product, as determined by Polybonk.; 5.14 The User will not be entitled to a refund in respect of a particular Product if the Product is purchased on a Subscription basis.
6. INTELLECTUAL PROPERTY: 6.1 The Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Polybonk and its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.; 6.2 The User must not use any proprietary information or materials available through the Service except for use of the Service in accordance with the terms of this Agreement.; 6.3 No portion of the Service may be reproduced in any other form or by any means.; 6.4 The User must not:; 6.5 The User must not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.; 6.6 Notwithstanding any other provision of this Agreement, Polybonk and its licensors reserve the right to change, suspend, remove, or disable access to Products, content, or other materials comprising a part of the Service at any time without notice.; 6.7 In no event will Polybonk be liable for the removal of or disabling of access to any Products, content, or other materials under this Agreement.; 6.8 Polybonk may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.; 6.9 All copyright in and to the Service, including but not limited to, the Polybonk website (including the compilation of content, postings, links to other internet resources, and descriptions of those resources), and software, are owned by Polybonk and/or its licensors.; 6.10 The use of the Polybonk website or any part of the Service, except for use of the service as permitted in this Agreement, may infringe intellectual property rights and result in civil and criminal penalties, including possible monetary damages, for copyright infringement.
7. USE OF PRODUCTS: 7.1 The User's use of the Products is conditional upon the User agreeing to the terms of this Agreement.; 7.2 The User is authorised to use the Products for personal, noncommercial use only.; 7.3 The User may make unlimited copies of the Product on any media, provided that any copies are for personal, noncommercial use only.; 7.4 The Product or copies of the Product may not be resold or streamed either for profit or non-profit use.; 7.5 The User is entitled to export, burn or copy Products solely for personal, non-commercial use.; 7.6 Any burning or exporting capabilities are solely an accommodation to the User and shall not constitute a grant or waiver (or other limitation, nor give rise to any implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product.; 7.7 The delivery of Products does not transfer to the User any commercial or promotional rights in any Product.
8. ELECTRONIC CONTRACTS AND SIGNATURE: 8.1 In using the Service, the User may enter contractual agreements with Polybonk electronically.; 8.2 The User acknowledges that the User may signify the User's intention to make and be bound by any contractual agreements, including to purchase Products, by making electronic submissions, which will constitute the User's agreement and intention to be bound by such agreements and to make any payments required under such agreements.; 8.3 The User agrees to be bound by the User's electronic submissions, in respect of any electronic submissions made by the User in the course of using the Service.
9. TERMINATION: 9.1 Polybonk may terminate this Agreement, and/or the Account, or preclude the User from accessing the Service (or part thereof) if the User fails, or Polybonk suspects that the User has failed, to comply with any of the provisions of the Agreement, including but not limited to:; 9.2 If the Account is terminated, the User remains liable for any amounts due under the Account up to and including the date of termination.; 9.3 Polybonk may modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to the User, and is not liable to the User or to any third party should it exercise such rights, except to the extent specified in this Agreement.
10. GOVERNING LAW: 10.1 The Service is currently controlled and operated by Polybonk in the State of New South Wales, Australia.; 10.2 The use of the Service is subject to the laws of New South Wales, and may also be subject to other local, state, national, or international laws.; 10.3 The User agrees to comply with all applicable Australian Federal and State laws and regulations with respect to the use of the Service.; 10.4 The User agrees that the courts of New South Wales have exclusive jurisdiction over any claim or dispute with Polybonk or in any way related to the Service.; 10.5 The User waives any right the User may have based on any argument of inconvenient forum.