By using the Sites you acknowledge and agree that you have read and understand the Terms and you agree to be bound by them. Continued use of our Sites indicates your continued acceptance of these Terms.
Please note that we may change these Terms at any time at our discretion or otherwise as required by law. You should regularly check our Sites to ensure that you are aware of the current terms.
For the purposes of these Terms:
"Australian Consumer Law" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Content" means any and all text, artwork, drawings, audio and visual materials, software, graphic user interface design, other copyright works, trade marks, or intellectual property.
"Registration Data" means any information provided by you to us in in connection with your use of the Sites, including but not limited to name, date of birth, contact details, and billing information.
1. LICENCE TO USE WEBSITES
1.1 We grant you a non-exclusive, non-transferable licence to use the Sites in accordance with these Terms.
1.2 You must not add any Content to the Sites:
- unless you hold all necessary rights, permissions, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Sites, into disrepute; or
- that infringes the intellectual property rights or other rights of any person or entity.
1.3 We reserve the right at our sole discretion to remove or modify any Content added by you to the Sites at any time.
1.4 The Sites may contain links to other websites not operated by us, as well as Content added by people and/or entities other than us. We do not endorse, sponsor or approve any such user generated Content or any Content available on any third party website.
1.5 You may share and embed links from our Sites on third party websites however we wholly reserve the right to remove and/or to request the removal of any such links at our sole discretion.
1.6 Except as expressly permitted by these Terms, any:
- modification or other use;
- redistribution in any form or medium of the Content is prohibited without the prior written permission of us.
1.7 You acknowledge and agree that:
- we retain complete editorial control over the Sites and may alter, amend or cease the operation of the Sites at any time in our sole discretion; and
- while we make every effort to operate the Sites on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. INTELLECTUAL PROPERTY AND USER CONTENT
2.1 You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.
2.2 The Content contained on our Sites and any material emailed to you or otherwise supplied to you in conjunction with the Sites is subject to Australian and international copyright and intellectual property laws. You may not use or reproduce or allow anyone to use or reproduce any Content (including the "Brown Cardigan" or "Brown Cardigan Media" name and logo or other trade names appearing on the Sites) for any reason without prior written permission from us. The software that operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms. You may retrieve and display the Content from the Sites on a computer screen or mobile device for your personal, non-commercial use.
2.3 Except as expressly permitted by this clause and subject to the terms of any express licence agreement you may have with Brown Cardigan Media, you may not reproduce, modify or in any way commercially exploit Content on the Sites. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Brown Cardigan Media:
(a) reproduce or store in or transmit to any other website, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content;
(b) publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including as part of any library, archive or similar service); or
(c) remove the copyright or trade mark notice from any copies of the Content made under these Terms.
2.4 By posting or adding any Content onto the Sites, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, by reproducing, changing, and communicating the Content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these Terms.
2.5 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.6 You represent and warrant to us that you have all necessary rights in respect of any Content which you post or otherwise contribute to our Sites to grant the licences and consents set out in this clause.
2.7 You acknowledge that the views expressed in Content do not necessarily reflect the views of Brown Cardigan Media, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content posted by you and other users on our Sites.
2.8 If you believe that any Content infringes your legal rights, you should notify Brown Cardigan Media immediately by contacting us via email at [email protected]
3. THIRD PARTY ADVERTISING AND MATERIALS
3.1 Our Sites may feature or display advertising for third parties. This does not constitute an endorsement by us of any third party products, services or other materials appearing in such advertising.
3.2 Our Sites may contain links to websites operated by third parties. We do not control these websites and do not accept any responsibility for any loss or damage which you may suffer as a result of using these third party websites.
4. DATA PROVIDED BY YOU
4.2 In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the verity, completeness and accuracy of your Registration Data as necessary and/or as required by us.
4.3 If you do provide us with Registration Data:
- you may receive emails from us confirming the details of your registration, and providing you with necessary information relating to your access and use of the Sites.
5. MOBILE APPS
6. LIMITATION OF LIABILITY
6.1 To the fullest extent permitted by law, we or any affiliated person or related entity, employee, agent, officer or director will not be liable for any loss suffered by you or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of use or value of any data or equipment including software, wasted management, operation or other time (whether any of the foregoing are direct, indirect or consequential), loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.
6.2 The Sites and all content available on the Sites are provided on an "as is" basis without any warranty or guarantee except as required by law. To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. In particular we do not make any representations or warranties as to the reliability, accuracy or completeness of the Content on our Sites, nor do we accept any responsibility arising in any way from errors or omissions.
6.3 These Terms are to be read subject to any legislation, including the Australian Consumer Law, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Content displayed on the Sites may offend some users and may not be appropriate for persons under the age of 18. You represent and warrant to us as follows:
- You have the legal capacity to enter these Terms;
- You are of at least 18 years of age; or alternatively if you are over 13 years of age you have permission from your parent(s) or legal guardian(s) to use the Sites.
You agree to indemnify and hold us, our officers, directors, shareholders, employees and agents (each an "Indemnified Party") harmless from and against all costs, damages, loss or expenses incurred by an Indemnified Party due to or arising out of or in connection with your use of the Sites and/or any breach or non-performance of any of your agreements, representations, undertakings and warranties in these Terms.
9.1 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
9.2 Other than as expressly set out in these Terms, no party has relied on any representation made by or on behalf of the other.
9.3 Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of Brown Cardigan Media.
9.4 These Terms are governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the state and federal courts located in Sydney, New South Wales.