User Agreement

User Agreement

Welcome to FENIXbazaar. FENIXbazaar.com is operated and owned by Gaetano Prestia (ABN: 18 392 557 307).

FENIXbazaar’s aim is to offer an accessible, diverse and engaging social experience of geek culture, built around a central voice and free public discourse.

Before you register for an account, you must read and agree to the terms, conditions, notices and polices contained in this document and elsewhere on FENIXbazaar.com.

Acceptance of Agreement

You agree to this Agreement when you complete the member registration process. We reserve the right to modify or revise this Agreement at any time. You are advised to visit this page periodically to review the terms, and your continued use of the site signifies your binding acceptance of such modifications or revisions. If any part of the terms or any future changes to these terms are not acceptable to you, you may cancel your subscription by sending us an email.

Description of Services

We provide our users with access to a rich collection of online. These include news, forums, reviews, articles, photos, videos and facilitated competitions and giveaways (‘Services’).

User Guidelines

For the benefit of community, and to comply with applicable laws, we have the following mandatory guidelines for our registered users. Any conduct that violates the guidelines, as determined by us in our sole discretion, is grounds for immediate termination of your account.

Provide Accurate Information.

You agree to provide true, accurate, current and complete information about yourself as requested in FENIXbazaar registration form. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the registration data to keep it current and accurate.

Guard Your Password.

Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify us immediately of the problem and promptly change your password.

Comply with the Law

You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Services in compliance with all applicable state/territory, Commonwealth and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

You shall not, shall not agree to, and shall not authorize or encourage any third party to:

Use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by us; upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; vandalise electronically or physically (piracy is illegal); or use the Services for any illegal, fraudulent or inappropriate purpose.

We reserve the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Intellectual Property Rights

All information, text, design, graphics, photos, illustrations, artwork, software and advertisements on FENIXbazaar (‘Contents’) are intellectual properties owned by us, unless expressly indicated otherwise on FENIXbazaar. The Contents are protected by Australian and international copyright and trademark laws. You must not modify, reproduce, publicly display, publicly perform or create derivative works of the Contents in any way unless expressly authorised in writing by us. You must not use or apply our trademarks (including our name, logos and slogans) without our consent.

Non-commercial, Personal Use

Contents that are publicly available on FENIXbazaar must not be stored in a computer, except for personal and non-commercial use. The publication, sale, or redistribution in any form or medium of the Contents found on FENIXbazaar is strictly prohibited without the prior written permission by FENIXbazaar. The Contents and the Services are strictly provided for the private, non-commercial enjoyment of registered users only.

Content Submission Guidelines

We provide various mediums for our registered users to submit and share information, communication and other materials on FENIXbazaar. They include but not limited to forum posts, reviews, content ratings, game cheats and walkthrough, photos, videos and voting polls (‘User Submitted Content’). The mediums include the forum section, blog section, and anywhere on FENIXbazaar where registered users could supply User Submitted Content (‘Mediums’). In addition to complying with the user guidelines stated above, you must also agree to be bound by the Content Submission Guidelines. That is, you must only submit contents at the Mediums that are proper and related to the particular topic, and must not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; Upload files or contents in any form that contain software or other materials protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents (piracy is illegal);Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; Conduct or forward surveys, contests, pyramid schemes or chain letters. Restrict or inhibit any other user from using and enjoying the forum. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin contained in a file that is uploaded.

User License

Subject to FENIXbazaar’s Privacy Policy, you are licensing to us any User Submitted Content you provided. You must agree to grant to us a perpetual, royalty-free, irrevocable, unrestricted license to do the following in respect of the User Submitted Contents:

Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark or patent laws under any jurisdiction worldwide.

Disclaimer and Warranties

You expressly understand and agree that your use of the Services is at your sole risk. We expressly disclaim 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. FENIXbazaar makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, and (iv) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from FENIXbazaar creates any warranty by us.

You may be able to access other websites by clicking onto links on FENIXbazaar, which are not maintained or controlled by us (‘third party sites’). Third party sites are not part of FENIXbazaar.com and we do not endorse, and accept no liability in respect of, their use or content. These links are provided by us solely for your convenience.

No Endorsement of User Content

You acknowledge and agree that we do not endorse any User Submitted Contents of any registered user and is not responsible or liable for any User Submitted Content, even though it may be unlawful, harassing, privacy invading, abusive, threatening, harmful, vulgar, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that we and our administrators have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available on FENIXbazaar.

Termination of Subscription

You may terminate your subscription at any time by providing notice to us via the Contact Page. However, a terminated account may continue to exist for up to two business days before such cancellation takes effect. You acknowledge that we may terminate, delete or deactivate your account or bar further access to the Services for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the conditions under this Agreement. We may also, in our sole discretion, at any time discontinue providing the Services with or without notice. You agree that any termination of your access to the Services may be effected without prior notice and that we shall not be liable to you or any third-party for any termination of your access to the Services.

Privacy

As a condition to using the Service, you must understand and agree to the terms of the Privacy Policy as it may be updated from time to time. To access the Privacy Policy, go to Privacy.

Copyright  

All content on FENIXbazaar.com is covered under the Creative Commons Attribution-NonCommercial-ShareAlike License