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Terms and Conditions
These terms and conditions, together with the It’s un-Australian campaign Privacy Policy, govern your use of and access to the It’s un-Australian campaign website.
These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.
Users of this Site (Users) agree to be bound by these Terms & Conditions, which are subject to change at our sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
Definitions
In these terms and conditions:
"Conditions" means these terms and conditions, together with the It’s un-Australian campaign Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the It’s un-Australian campaign website.
"Material" means text, illustrations, photos, audio, video, any combination of these or other material.
"Us", "we" or "our" means the It’s un-Australian campaign and/or its related bodies corporate.
Statement of purpose
This site is operated for the purpose of providing general information about issues which affect the Australian adult population. This site is not operated for advertising, promotional or marketing purposes. The material on this site should not be regarded as promoting or encouraging gambling activity.
Affirmation regarding age
By using the It’s un-Australian campaign website, you affirm that you are 18 years or over.
User conduct
In using the It’s un-Australian campaign, you must not:
(a) breach any applicable laws or regulations, or use the site for any unlawful purpose;
(b) use the It’s un-Australian campaign website or any material obtained from or associated with the It’s un-Australian campaign to:
· transmit junk mail, chain letters, unsolicited emails, instant messaging, spimming or spamming;
· impersonate any person or entity;
· solicit money, passwords or personal information from any person;
· harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) use or attempt to use the It’s un-Australian campaign website to either upload, post, transmit or otherwise make available any Material that:
· in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
· contains, promotes, or provides information about unlawful activities or conduct;
· is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
· contains nudity, excessive violence, or sexual acts or references;
· includes an image or personal information of another person or persons unless you have their consent;
· poses or creates a privacy or security risk to any person;
· you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
· contains large amounts of untargeted, unwanted or repetitive content;
· contains restricted or password only access pages, or hidden content;
· contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
· advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
· contains financial, legal, medical or other professional advice;
(d) interfere with, disrupt, or create an undue burden on the It’s un-Australian campaign website;
(e) reproduce any part of the It’s un-Australian campaign website without our prior written authorisation;
(f) use code or other devices containing any reference to the It’s un-Australian campaign website to direct other persons to any other web page;
(g) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the It’s un-Australian campaign website or cause any other person to do so; or
(h) delete any attributions or legal or proprietary notices on the It’s un-Australian campaign website.
Contributing content
By uploading, transmitting, posting or otherwise making available any Material via the It’s un-Australian campaign website, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of the It’s un-Australian campaign website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that the Material does not breach the Conditions; and
(d) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
· review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) and
· monitor use of the It’s un-Australian campaign website, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the It’s un-Australian campaign website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the It’s un-Australian campaign website simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the It’s un-Australian campaign website.
The It’s un-Australian campaign website contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the It’s un-Australian campaign website for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval.
In particular, you may not use any Material on the It’s un-Australian campaign website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on the It’s un-Australian campaign website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the It’s un-Australian website without the express written consent of the relevant owner.
Third parties
We may feature or display links and pointers to websites operated by third parties on the It’s un-Australian campaign website. Such websites do not form part of the It’s un-Australian website and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the It’s un-Australian campaign website entirely at your own risk.
If you contact a third party using functionality provided on the It’s un-Australian campaign website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the It’s un-Australian campaign Privacy Policy.
Disclaimer
Material on the It’s un-Australian campaign website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the It’s un-Australian campaign website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the It’s un-Australian campaign website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the It’s un-Australian campaign website in any circumstance.
Limitation of liability
You use the It’s un-Australian campaign website at your own risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of the It’s un-Australian campaign website that are not expressly set out in the Conditions.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with It’s un-Australian campaign website.
Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the It’s un-Australian campaign website, including any breach by you of the Conditions.
Severance clause
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
Last updated on 8 April 2011