Brolga Terms of Service ("Agreement")
This Agreement was last modified on December 31, 2013.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://brolga.com.au ("the Site") operated by Charleslawn Pty Ltd as Trustee for the Mulhall Family Trust No 2 ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://brolga.com.au.
1. Acceptance of the Terms of Service
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Brolga, because by using our Website and or website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either stop using this service and exit the website (although we'll be sad to see you go!), or contact us at firstname.lastname@example.org.
2. Changes to the Terms of Service and the Website
Brolga is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way, although "major" is a very subjective concept, so we will not be flooding your inbox. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website,Security and Privacy
We are always working hard on improving Brolga, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using Brolga in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. "correcthorsebatterystaple") and that you log out from your account at the end of every session.
It is a condition of your use of the website that all the information you provide to the website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet Website, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
4. Intellectual Property Rights and Use Guidelines.
The website and its original content, features and functionality (including look!), are owned by "us" and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the website itself. If you have doubts about whether and how to use material on the website, please address your concerns to: email@example.com
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the website is or will continue to be accurate.
By submitting public User Content through the website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). This is particulary important with regard to the native data sharing aspects in the Website where you specifically need us to transmit your data externally to your instance. You also hereby do and shall grant each user of your instance (eg. your staff and authorised contractors) of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other producs or services.
The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
5. User Contributions and Content Standards. Special Disclaimer for legal content.
Brolga contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
User Content is not intended to be legal advice nor form an attorney-client relationship, nor among the users, nor between the users and the website. Use of the Website should never be understood to be replacing use of a qualified legal advice, and Brolga's relationship to all documents and transactions completed using the Website is that of a trusted, disinterested third party.
6. Law and Copyright Infringment
We do not undertake to review any material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted and bought to our attention where it has not been previously removed by you (not removing objectionable material after advice by us or a third party can be considered a breach of these terms of service). Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
7. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of the Website is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
8. Geographic Restrictions
For now, we provide this Website for use only by persons located in Australia. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of Australia. If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
9. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Queensland Australia without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of Queensland, Australia.
10. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you, the owner of the Brolga Website and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
11. Other Websites
Our Site contains links to other websites (inlcuding those sites via advertising banners) that we do not own or operate. We do not control, recommend or endorse and we are not responsible for these websites or their content, products, services or privacy policies.
We welcome any comment, question and communication at firstname.lastname@example.org