Terms of Use

The functionality on this website is provided by Community Engine. Where references in these User Terms and Conditions is made to “we”, “us” or “our”, then that is a reference to Community Engine. By using this website, you agree with us to be bound by the following terms and conditions:

Permitted Use

You agree to use the website solely for your own personal, non-commercial use and agree:

• not to use the website in connection with commercial endeavours other than those endorsed or approved by us;
• not to use the website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist);
• not to use the website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party;
• not to upload or post to the website any audio, video, images, information, material or other content (“content”) of any kind other than of a personal nature, provided that you agree not to upload or post any content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter;
• not to upload or post to the website any content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity;
• not to upload or post to the website any content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law;
• not to upload or post to the website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the website;
• not to register for a user name and password or create an account to use the website for anyone other than yourself; and
• not to impersonate any person or entity or falsely misrepresent yourself.

Minimum Age

You warrant that you are over the age of 13;

User Name and Password

You may be required to establish a user name and password to use all or a part of the website. You agree to keep your username and password private and confidential and not to disclose either of them to any third party. You agree to inform us as soon as you believe that the confidentiality of your username or password has been compromised. You agree that you are responsible for all use of the website utilising your username and password, even where you claim that such use has not been authorised by you. You warrant and agree that in selecting your username and password and in creating your profile, you will not:

use the name or trade mark of any third party;
impersonate any third party; or
use language that is vulgar, offensive or objectionable in any way.

Security Measures

You agree not to circumvent, disable or otherwise interfere with security related features of the website or any features that prevent or restrict use or copying of any content on or available from the website or enforce limitations on use of the website or any content on or available from the website.

Review of Content

We do not review content uploaded or posted to Community Engine’s user generated modules (such as the Public Wiki) and all such user generated content does not reflect our opinions or policies. You acknowledge and agree that we assume no responsibility and have no liability to you for inaccurate, offensive or inappropriate content on the user generated modules and have no obligation to modify or remove inaccurate, offensive or inappropriate content. To the extent that you consider that any content on the user generated modules is inaccurate, offensive or inappropriate, then please report it to us.

Removal of Content

With respect to the user generated modules, you acknowledge that while we do not review content posted to the user generated modules and have no liability to you for that content, we reserve the right and shall be entitled to reject, refuse or remove content uploaded or posted by you on the user generated modules and to restrict, suspend or ban your use of the user generated modules for any reason whatsoever.

Use of Content

With respect to the user generated modules, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the user generated modules that is not your user content. You agree that where required by law, we shall be entitled to deliver or provide access to content uploaded or posted by you and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

Intellectual Property

All content, information and other materials uploaded or posted by you on the user generated modules (“user content”) will as between you and us, be your property, and you hereby grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that user content as we deem appropriate (which shall include the right to make that user content available to any third party on any terms and for any reason). You warrant that all user content is owned by you when uploaded or posted to the user generated modules and that your uploading or posting of the user content and the licensing or provision of that user content to us (including us exercising the rights granted to us) does not and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy. You agree to pay any royalties, fees, or other monies owing to any person as a result of you uploading or posting user content on the user generated modules or you licensing or providing that user content to us. We reserve all our rights in relation to all content and materials on the user generated modules not otherwise granted under these terms and conditions. You warrant that you will, prior to the uploading or posting of user content on the user generated modules, obtain from all authors and holders of any moral rights (as defined in the Copyright Act 1968 (Cth)) in the user content, consent to the following specific acts or omissions by us and our successors, assigns or sub-licensees in relation to the user content:

• reproducing, publishing, adapting or communicating the user content to the public without attributing their authorship or otherwise identifying the author of the user content; and
• subjecting the user content to a material alteration or doing anything else to the user content, including adapting, reproducing, publishing, communicating to the public, adding, deleting, editing or modifying the text, format or structure of the user content.

Disclaimers

With respect to the user generated modules, to the extent permitted by law, we exclude all warranties, terms and conditions, whether implied by or arising under statute or common law, custom, trade usage, course of dealing or otherwise between the parties. You specifically acknowledge and agree that:

• the user generated modules are provided “as is” and that we do not undertake, warrant or represent that any content, information or material on the user generated modules is accurate, current or error free; or that the User generated modules will be error free or shall operate in an uninterrupted manner;
• we have no control over, do not endorse and shall have no liability to you for any loss incurred by you in relation to, any third party sites linked to, available from or referred to on the user generated modules;
• we do not endorse or recommend any third party products that may be advertised or promoted on or from the user generated modules and we shall have no liability to you whatsoever in relation to those products or third parties;
• we do not endorse any content uploaded or posted to the user generated modules by another user or any opinion, recommendation or advice expressed in that content and we shall have no liability to you for the same;
• when using the user generated modules, you will be exposed to content uploaded or posted by other users and we are not responsible or liable to you in any way for the accuracy, usefulness, safety or intellectual property rights of or relating to that content or should such content be offensive, indecent or objectionable; and
• where legislation implies in these terms and conditions any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these terms and conditions. However, our liability for any breach of such condition or warranty shall be limited, at our option to one or more of the following:

in the case of goods:

1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and

in the case of services:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

Liability

With respect to the user generated modules, to the extent permitted by law, we exclude all liability to you however arising under or in relation to the user generated modules or these terms and conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the user generated modules or these terms and conditions.

Indemnities

With respect to the user generated modules, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of:

our possession, processing, use, storage, retrieval or communication of the user content uploaded or posted by you or any related data, documentation or records supplied by you;
any breach by you of these terms and conditions; or
to the extent permitted by law, your use of the user generated modules.

Privacy

You acknowledge that all personal information that we collect from you will be collected and handled in accordance with our privacy policy, a copy of which is available here: [privacy policy].

Disputes

You acknowledge that we have no obligation to monitor or resolve disputes between you and other users.

Amendments

With respect to the user generated modules, you acknowledge and agree that we may amend these terms and conditions at any time by posting the revised terms and conditions on the website. You acknowledge that your use of the user generated modules after the posting of the amended terms and conditions constitutes your acceptance of them. You agree to read the terms and conditions each and every time that you use the user generated modules.

General

With respect to the user generated modules, these terms and conditions as well as your use of the User generated modules shall be governed by the law of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. You may not assign or deal with the benefit of these terms and conditions without our prior written consent. We may assign or deal with the benefit of these terms and conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These terms and conditions (together with the privacy policy and other documents linked to these terms and conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements and undertakings, whether verbal or in writing. These terms may only be amended by us as specified in clause 14 of these terms and conditions. If any provision of these terms and conditions is held invalid, unenforceable or illegal for any reason, these terms and conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these terms shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties.

Contact Information

enquiries@digitalsydney.com