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Acknowledgment and Acceptance of Terms and Conditions of Use |
| 1.1 |
This Journey Beyond Road Trauma website ("Website") is owned and operated by Online Story Exchange Pty Ltd (ACN: 133 539 198) ("OSE", "we" or "us") |
| 1.2 |
These Terms and Conditions represent the full scope of the understanding and relationship between OSE and you ("Member"). Please read these Terms and Conditions carefully before using the Website, and re-read them from time to time. |
| 1.3 |
By browsing or participating on this Website as a Guest (as defined below at 2.4) or as a Member, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be changed by OSE at any time by posting the changes to these Terms and Conditions, as revised, on this Website. Your use of this Website following the posting of such shall constitute your acceptance of any such changes.
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Becoming a Community Member |
| 1.4 |
You have read and agree to behave in accordance with the Community Guidelines. |
| 1.5 |
In order to upload any material (“Member Content”, a term which shall include any footage, photos, illustrations, stories, comments, recordings, and any other information, concepts, audio and visual material submitted to the Website) on the Website discussion forum, you must become a registered member of the Website community (“Community Member”). To become a Community Member you must complete your registration details in the manner described on the Website. Membership is free, but is non-transferable without our permission.
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| 1.6 |
Once you become a Community Member, it is your responsibility to protect the confidentiality of your password. |
| 1.7 |
If you are not a Community Member, you are entitled to access the Website for reading purposes only. People in this category are known as "Guests". |
| 1.8 |
Consent is required from a parent or guardian before a child can become a Community Member. Children's use of the site, and their contributions should always be supervised by a parent or guardian. |
| 1.9 |
We understand that some people with an Acquired Brain Injury ("ABI") may also wish to become a Community Member. Whilst we encourage their involvement, consent is required from a parent or guardian before a person afflicted with an ABI can become a Community Member. The use of the site by a person with an ABI, and their contributions to it should always be supervised by parent or guardian. |
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OSE Disclaimers |
| 1.10 |
All information provided by us on the Website is provided in good faith as general information only and is not in the nature of advice, and we reserve the right to update this information at any time. We derive our information from sources which we believe to be accurate and up to date at the time of publication, however you accept that your use of the Website is at your own risk and that OSE makes no warranties or representations about the completeness, accuracy, suitability or currency of the Website or its content. OSE does not represent that any information (including any file) obtained from or through the Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. |
| 1.11 |
The Website is provided on an "as is" and "as available" basis and to the maximum extent permitted by law, neither of OSE, nor any of its directors, officers, employees, agents or assigns makes any express or implied representation or warranty , or will be liable to you or any other person for any loss or damage however caused whether by negligence or otherwise and whether direct, indirect, consequential or economic, , in connection with, the Website, its use, or its content including as a result of: |
| 1.12 |
Any failure or delay of performance, or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records; and |
| 1.13 |
Any defamatory, threatening, offensive or unlawful conduct of third parties. |
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Intellectual Property |
| 1.14 |
You are entitled to all rights, title and interest in any Member Content uploaded by you for inclusion on the Website, subject to the rights of any third parties. |
| 1.15 |
With the exception of your Member Content and unless otherwise indicated, all data, graphics, photos, text, images, logos, audio and visual material, software and all other information, concepts and material on the Website ("Website Material") is owned and controlled or licensed to OSE. |
| 1.16 |
When you choose to make your Member Content ‘Public’, you grant to OSE an irrevocable, non-exclusive and royalty-free licence throughout the world in perpetuity to use your Member Content on the Website. This license includes the right to:
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| 1.16.1 |
copy, edit, adapt, change, add to, re-arrange, translate and modify your Member Content as OSE in its sole and absolute discretion shall think fit as consistent with the Community Guidelines and Goals; and
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| 1.16.2 |
use and incorporate the Member Content on the Website and as consistent with the Community Guidelines and Goals, in any way and in all forms of media whether now known or later devised.
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| 1.17 |
Except as provided by clause 6.5 and as permitted under the Copyright Act 1968 (Cth) or other applicable laws, neither the Website nor any part of the Website, including any Website Material, may be reproduced, duplicated, copied, mirrored, sold, or otherwise used or exploited without the express written permission of OSE. |
| 1.18 |
You may download a single copy of the Website Materials contained on the Website, keep a temporary copy in your computer's cache and/or make a single hard copy of that information where necessary for solely for personal, non-commercial use as a reference. |
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Your Warranties |
| 1.19 |
You warrant that you have read the Community Guidelines published on this Website. |
| 1.20 |
You warrant that you either own or have obtained all necessary licences, authorisations, consents and permissions from all necessary third parties in relation to the supply of all Member Content. |
| 1.21 |
You warrant and represent that your access to and use of the Website, and all Member Content supplied by you: |
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| 1.21.1 |
will be consistent with, and does not contain any material that is inappropriate or inconsistent with, the Community Goals; |
| 1.21.2 |
does not infringe any law of defamation or obscenity or any obligation of confidentiality or any other personal or proprietary rights or any other right of any third party; |
| 1.21.3 |
is not in contempt of any court, tribunal or royal commission; |
| 1.21.4 |
does not infringe any intellectual property rights, including in relation to copyright and trademarks; |
| 1.21.5 |
will not disseminate or facilitate, and does not contain, viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; |
| 1.21.6 |
will not modify, adapt, translate, reverse engineer, decompile, data-mine or disassemble any portion of the Website; and |
| 1.21.7 |
complies with all relevant laws and regulations and does not breach the Copyright Act 1968 (Cth), or any other applicable guidelines, codes, or accepted industry standards and practice. |
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| 1.22 |
You warrant and represent that all Member Content supplied by you does not contain any material which is false, misleading or deceptive or likely to be construed as misleading or deceptive; is not the subject of any ongoing legal investigation or legal proceedings; and does not contain unsolicited advertising or promotional materials |
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Termination |
| 1.23 |
OSE shall have the right to refuse your application to become a Community Member. |
| 1.24 |
OSE shall have the right to terminate your membership of the Website and your use of and participation on the Website if OSE, in its sole discretion, determines that you have:
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| 1.24.1 |
breached any part of these Terms and Conditions ; or |
| 1.24.2 |
engaged in any conduct which OSE in its sole discretion, determines to be unacceptable including any conduct which is inconsistent with the Community Goals. |
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Indemnity |
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You indemnify OSE, its officers, agents, employees, contractors, assigns and affiliates from and against any and all loss, damage, liability and expense (including loss of revenue or profit, special, indirect or consequential loss), damages, claims and demands (including any legal costs or expenses properly incurred) suffered or incurred by reason of any claims, actions or proceedings based on or arising out of your use and access to the Website and/or the Member Content, whether based in contract, tort or any other basis of law, including but not limited to claims related to defamation, contempt of court, rights of privacy and/or publicity, copyright or trade mark infringement, misleading or deceptive conduct, failure to comply with or fulfill any representation, warranties or agreements and any wrongful, willful or negligent act or omission by you or any other person for whose acts or omissions you are vicariously liable. |
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Privacy |
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OSE may need to collect and hold your personal information in order to provide the Website and its services. Any personal information will be held subject to OSE's privacy policy ("Privacy Policy"), which is found at the at the following url : http://beyondroadtrauma.org/cms/privacy-policy |
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Governing Law and Jurisdiction |
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These Terms and Conditions and Agreement are be governed and construed in accordance with the laws of the State of South Australia and Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of the South Australian and Commonwealth courts of law. |
