Introduction
These terms and conditions apply to the use of the PlaceStories website, including
the use of the information services and other services available on this
website and making contributions to the website. These terms and conditions
must be read in conjunction with any other applicable terms and conditions
governing the use of this website.
Terminology
In these terms and conditions, the expressions “we”, “us”
and “our” are a reference to Feral Arts Corp Ltd ACN 127 214 715.
This website means the PlaceStories website unless stated otherwise.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will
be effective immediately upon notification on this website. Your continued
use of the website following such notification will represent an agreement
by you to be bound by the terms and conditions as amended.
Information Service
All information provided by us
pursuant to these terms and conditions is provided in good faith. You accept
that any information provided by us is general information and is not in the
nature of advice. We derive our information from sources which we reasonably believe
to be accurate and up to date as at the date of publication. We nevertheless
reserve the right to update this information at any time.
In addition, we
do not make any representations or warranties that the information we provide
is reliable, accurate or complete or that your access to that information
will be uninterrupted, timely or secure. We are not liable for any loss resulting
from any action taken or reliance made by you on any information or material
posted by us. You should make your own inquiries and seek independent advice
from relevant industry professionals before acting or relying on any information
or material which is made available to you by this website.
You agree to use this website for lawful purposes only.
Registration
In order to be able to use certain of the services available on this website
and to make contributions to the website, you must become a registered user
of the website. To become a registered user of the website, you must accurately
provide your registration details in the manner described on the website.
Registration is free but non-transferable.
We reserve the right to refuse or terminate your registration at any time if you breach
these terms and conditions.
On becoming a registered
user you may be issued with “log on” information including a password.
You must keep this information secure and accept responsibility for all activities
on the website using the “log on” information issued to you.
You must notify us of any unauthorised use of your “log on” information.
Obligations of Content Contributor
By becoming a registered
user you agree to abide by the following terms and conditions:
- you will be responsible for all aspects of the production of the content contributed
by you;
- you will ensure that your content is up to date, accurate and not misleading;
- you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
- you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed online by us;
- you will retain all your intellectual property rights including copyright in the content contributed by you to the website and retain the right to remove the content from the website at any time. While it is published on the website, you grant us a world wide, royalty-free, non-exclusive right to reproduce, adapt, publish, publicly perform and communicate to the public the content as part of the website.
Communication Services
You agree to abide by the following terms and conditions in respect of the discussion
forum services, blogs, private messaging systems and other communication services
available from this website:
- you acknowledge that any information
or material submitted by you to the communication services is and will be
treated by us as non-confidential and non-proprietary and we may use such
material without restriction;
- you will not post or transmit any
material or information which is offensive, defamatory, obscene, unlawful,
vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
- you
agree not to disrupt the flow of dialogue or otherwise act in a manner which
negatively affects other participants;
- you agree not to impersonate
any other person;
- you agree to provide current, accurate and up-to-date
information about yourself as required under these terms and conditions;
- you
agree not to post or transmit any unsolicited advertising or promotional materials;
- any
material which you post may be removed by us from the communication services
without notice at any time;
- you will not post or transmit any material
in which the copyright is owned by another person or entity and you warrant
that all material posted is your original work and not sourced from any third
party;
- you will not post any material which contains viruses or
other computer codes, files or programs which are designed to limit or destroy
the functionality of other computer software or hardware;
- you accept
that any material or information provided by you may be posted in the communication
services for any other participants to read;
- we do not accept any
liability for the accuracy or content of any material posted by other users
of the communication services. We are not liable for any loss resulting from
any action taken or reliance made by you on any information or material posted
by another participant;
- we do not accept any responsibility or liability
for any information or material which you submit to the communication services,
nor do we accept any responsibility for any use or misuse which you or any
other participant make of information or material which you submit to the
communication services;
- we do not warrant that we will respond to
questions or comments submitted by you to our communication services;
- if
you download any material from the communication services, you acknowledge
that we are not liable to you for any loss or damage, however caused, arising
from the downloading or subsequent use of the downloaded material. You may
not adapt, reproduce, store, distribute, transmit, print, display, publish
or create derivative works from any downloaded material. In addition, you
may not commercialise any information, products or services from the downloaded
material.
Disclaimer
We do not accept responsibility for any loss or damage, however caused (including
through negligence), which you may directly or indirectly suffer in connection
with your use of this website or any linked website, nor do we accept any
responsibility for any such loss arising out of your use of or reliance on
information contained on or accessed through this website.
We offer no warranty in relation to the distribution, or the nature and extent
of distribution, of your content using this website.
We do not warrant that any material you submit to the communication services
will be protected against loss, misuse or alteration by third parties. We
do not warrant that we will post your information or material in the communication
services, if we elect in our sole discretion to post your information or material,
we do not warrant that the material or information you submit will be posted
within a certain time timeframe.
To the extent permitted by law, any condition or warranty which would otherwise be implied
into these terms and conditions is hereby excluded. Where legislation implies
any condition or warranty, and that legislation prohibits us from excluding
or modifying the application of, or our liability under, any such condition
or warranty, that condition or warranty will be deemed included but our liability
will be limited for a breach of that condition or warranty to one or more
of the following: (a) if the breach relates to goods, (i) the replacement
of the goods or the supply of equivalent goods, (ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring equivalent
goods or (iv) the payment of the cost of having the goods repaired; and (b)
if the breach relates to services, (i) the supplying of the services again
or (ii) the payment of the cost of having the services supplied again.
Except in relation to liability for personal injury (including sickness and death),
and except as otherwise stipulated in these terms and conditions, we will
not accept liability to you in respect of any loss or damage (including indirect,
special, or consequential loss or damage) which may be suffered or incurred
by you or which may arise directly or indirectly in respect of goods or services
supplied pursuant to an order placed on or in respect of this website or
in respect of any failure or omission on our part to comply with our obligations
as set out in these terms and conditions.
Exception to Disclaimer
This disclaimer set out
in these terms and conditions does not attempt or purport to exclude liability
arising under statute if, and to the extent, such liability cannot be lawfully
excluded.
Specific Warnings
You must ensure that your access to this website is not illegal or prohibited
by laws which apply to you.
You must ensure that
your data is supplied on the medium and in the format specified on this website.
You must take your own precautions to ensure
that the process which you employ for accessing this website does not expose
you to the risk of viruses, malicious computer code or other forms of interference
which may damage your own computer system. For the removal of doubt, we do
not accept responsibility for any interference or damage to your own computer
system which arises in connection with your use of this website or any linked
website.
Whilst we have no reason to believe that
any information contained on this website is inaccurate, we do not warrant
the accuracy, adequacy or completeness of such information, nor do we undertake
to keep this website updated. We do not accept responsibility for loss suffered
as a result of reliance by you upon the accuracy or currency of information
contained on this website.
You acknowledge that
we are a distributor, not a publisher, of content on this website. Our editorial
control is limited to the selection of materials to make available. Any opinions
or advice by third parties remain the responsibility of those third parties
and we do not guarantee the accuracy, completeness or usefulness of that content
or its fitness for any particular purposes.
Where the information made available over this service contains opinions or judgments
of third parties, we do not purport to endorse the contents of that opinion
or advice nor the accuracy or reliability of that opinion or advice. We do
not accept liability for loss or damage caused by your reliance upon any information
obtained through this service and it remains your responsibility to evaluate
the accuracy, completeness and usefulness of any such information.
We do not accept liability for any losses arising directly or indirectly from
a failure to provide the communication services, corruption to or loss of
data, errors or interruptions, any suspension or discontinuance of the service,
any transmissions by other participants in contravention of the obligations
set out in these terms and conditions.
You must indemnify us and our related bodies corporate and our directors and employees
against any claim by a third party arising out of a breach of these terms
and conditions by you.
Responsibility for the content
of advertisements appearing on this website (including hyperlinks to advertisers’
own websites) rests solely with the advertisers. The placement of such advertisements
does not constitute a recommendation or endorsement by us of the advertisers’
products and each advertiser is solely responsible for any representations
made in connection with its advertisement.
We make no warranty that goods acquired from us over this website will meet your
requirements.
Details contained on this website
relating to goods or services have been prepared in accordance with Australian
law and may not satisfy the laws of any other country. We do not warrant
that the details on this website concerning those goods or services will
satisfy the laws of any other country. It is your responsibility to determine
whether these details satisfy the laws of the jurisdiction where you reside
(if that jurisdiction is outside Australia) and if the details do not satisfy
the laws of your jurisdiction, you may not order any goods or services from
this website.
You acknowledge that despite all
reasonable precautions on our part, there is a risk of unauthorised access
to or alteration of your transmissions or data or of information contained
on your computer system or on this website. We do not accept responsibility
or liability of any nature for any such losses which you may sustain as a
result of such activity.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings
and software) is owned or licensed by us. Other than for the purposes of,
and subject to the conditions prescribed under, the Copyright Act 1968 (Cth)
and similar legislation which applies in your location, and except as expressly
authorised by these terms and conditions, you may not in any form or by any
means:
- adapt, reproduce, store, distribute, print, display, perform,
publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website;
without our written permission.
Trade Marks
Except where otherwise specified, any word or device to which is attached the ™
or ® symbol is intended to be used as a trade mark or is a registered
trade mark.
If you use any of our trade marks in
reference to our activities, products or services, you must include a statement
attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
Restricted Use
Unless we agree otherwise in writing, you are provided with access to this website
only for your personal use. You are authorised to print a copy of any information
contained on this website for your personal use, unless such printing is
expressly prohibited. Without limiting the foregoing, you may not without
our written permission on-sell information obtained from this website.
Linked Websites
This website may contain links
to other websites (“linked websites”). Those links are provided
for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked
websites.
Our links with linked websites should
not be construed as an endorsement, approval or recommendation by us of the
owners or operators of those linked websites, or of any information, graphics,
materials, products or services referred to or contained on those linked
websites, unless and to the extent stipulated to the contrary.
Privacy Policy
You and we accept the terms of
our privacy policy which is annexed to these Terms and Conditions.
How we handle e-mails
We will preserve the
content of any e-mail you send us if we believe we have the legal requirement
to do so. Your e-mail message content may be monitored by us for trouble-shooting
or maintenance purposes or if any form of e-mail abuse is suspected.
Security of Information
Unfortunately, no data
transmission over the Internet can be guaranteed as totally secure. Whilst
we strive to protect such information, we do not warrant and cannot ensure
the security of any information which you transmit to us. Accordingly, any
information which you transmit to us is transmitted at your own risk. Nevertheless,
once we receive your transmission, we will take reasonable steps to preserve
the security of such information.
Termination of Access
Access to this website may
be terminated at any time by us without notice. Our disclaimer will nevertheless
survive any such termination.
Governing Law
These terms and conditions are governed
by the laws in force in the State of Queensland, Australia. You agree to
submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these terms and conditions
where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one
occasion, this does not mean that those rights will automatically be waived
on any other occasion.
If any of these terms and
conditions is held to be invalid, unenforceable or illegal for any reason,
the remaining terms and conditions shall nevertheless continue in full force.
To Return to the Website
To return to the website, click where indicated. By doing so, you acknowledge that you have
read, understood and accepted the above terms of use.
Privacy Policy
We may collect website visitors’
information (like their e-mail addresses). Unless you object this information
may be used:
- to send new, information about our activities and general
promotional material which we believe may be useful to you;
- to monitor
who is accessing the website or using services offered on the website; and
- to
profile the type of people accessing the website.
If you do not wish to have your personal information used in this manner or for
any other specific purpose, you can e-mail us accordingly.
We utilise “cookies” which enable us to monitor traffic patterns
and to serve you more efficiently if you revisit the site. A cookie does not
identify you personally but it does identify your computer. You can set your
browser to notify you when you receive a cookie and this will provide you
with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party,
or make any other use of your personal information, for any purpose which
is not incidental to your use of this website. For the removal of doubt,
personal information will not be used for any purpose which a reasonable person
in your position would not expect.
If you request
us not to use personal information in a particular manner or at all, we will
adopt all reasonable measures to observe your request but we may still use
or disclose that information if:
- we subsequently notify you of the
intended use or disclosure and you do not object to that use or disclosure;
- we
believe that the use or disclosure is reasonably necessary to assist a law
enforcement agency or an agency responsible for government or public security
in the performance of their functions; or
- we are required by law
to disclose that information.
We will preserve
the content of any e-mail you send us if we believe we have the legal requirement
to do so.
Your e-mail message content may be monitored
by us for trouble-shooting or maintenance purposes or if any form of e-mail
abuse is suspected.
Personal information which
we collect may be aggregated for analysis but in such circumstances we would
ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and,
if relevant, credit card details) is kept confidential to the best of our
ability. You will appreciate, however, that we cannot guarantee the security
of transmission.
We consider it is the responsibility
of parents to monitor their children’s use of our website. Nevertheless
it is our policy not to require personal information from persons known to
be under the age of 18 years or offer to send any promotional material to
persons in that category.
You are entitled to have
access to any personal information relating to you which you have previously
supplied to us over this website. You are entitled to edit or delete such
information unless we are required by law to retain it.
If you wish to comment on or query our privacy policy, or if you wish to make
an inquiry regarding any personal information relating to you which may be
in our possession, contact us on contact@placestories.com.