Terms of Use
Issued by Steve Parish Publishing Pty Limited ACN 010 672 554 (Photograph Australia).
Note: the words "we", "our" and "us" in this "Terms and Conditions" document relate to Steve Parish Publishing Pty Ltd, its officers and employees. The word "you" relates to the user of the site.
TERMS OF USE
You are only permitted to use the community interface for personal, non-commercial purposes.
Your acceptance of these terms of use are indicated by you using the Photograph Australia website, whether joining as a member or simply browsing. You must read these terms of use carefully before using the Photograph Australia website. We may change these terms of use from time to time so you should check them regularly.
Non-members are not permitted to make postings on the Photograph Australia Forum. If you wish to contribute to the Photograph Australia Forum you must become a member.
Photograph Australia is managed from Brisbane Australia and if any legal issues arise they will be governed by the laws of Queensland and Australia. Any illegal activity under the laws of Queensland and Australia using your membership of Photograph Australia is a violation of these terms of use. As Photograph Australia is open to members worldwide you may run into legal trouble in other jurisdictions over your postings. If this happens you must not hold us responsible for your postings.
In these terms of use, "post(s)" and "postings" includes private messages, usernames and user profiles.
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MONITORING PHOTOGRAPH AUSTRALIA FORUMS
As Photograph Australia members make postings without intervention from us it is the responsibility of every user to read and adhere to these terms. In the interests of the community, we randomly monitor postings and reserve the right to remove material, without notice to the poster, which is in breach of the wording or spirit of these terms of use. We maintain the right, at our discretion, to ban members who breach these terms of use, and delete all postings of those members.
Users should be aware that postings are not screened by us, and that member postings only represent the opinions and experience of that member. Postings do not represent our opinion. You should be very careful before you rely on anything said in Photograph Australia. If you do rely on information or opinion in any posting you must be aware that this will not be our responsibility.
Don't post:
Do not make postings of the following nature (if you do, we may delete the postings at our discretion):
* racist, sexist or homophobic comments;
* harassing or 'stalking' any other person;
* comments which contain defamatory statements or personal attacks on others;
* postings which disrupt Photograph Australia users' enjoyment of Photograph Australia forums (for instance persistent off-topic discussion), or which may or are intended to detrimentally affect the operation of Photograph Australia or the Photograph Australia website;
* personal details or private information about any other person (or anything contrary to our privacy policy)
* postings made under another person's name or impersonating another person;
* commercial advertising;
* excessively coarse language;
* content which would be rated R, RC or X by the Australian Classification Board (for more information please visit the Office of Film and Literature Classification website); or
* postings which breach any law or discuss how to commit illegal activity.
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USE THE SUBJECT-SPECIFIC FORUMS
We have divided Photograph Australia foums into different subjects so people can find information relevant to their particular interests. It is important that postings are made in the appropriate branch, otherwise the Photograph Australia forums will be much less useful for everyone.
If a member makes postings which are not relevant to a particular branch, those postings may be deleted or moved at our discretion.
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RESPECT INTELLECTUAL PROPERTY RIGHTS
Photograph Australia has been created for the sharing of ideas, but this must be done within the law. It is very important that community visiotrs and members respect the intellectual property rights of others. If you post material which has been copied without permission you may put yourself and Steve Parish Publishing Pty Ltd at risk of legal action.
You must not make postings which infringe the intellectual property rights of others. Community members must not post copyrighted material or trademarks without the permission of the owner.
If you wish to share a useful internet resource with other Photograph Australia users, provide a hyperlink to the relevant resource. Before posting a hyperlink on the Photograph Australia, check the terms of use of that other web site to see if your hyperlink is permitted.
If you own intellectual property and it is being infringed through a member posting, please contact us as soon as possible. For more information please see the complaints procedure below.
You licence your copyright in postings to Steve Parish Publishing Pty Ltd. In general members own the copyright to their postings.
Occasionally, we may use Photograph Australia postings in our publications (books, newsletters, web sites, other print and digital publications, and products in any other media). Therefore you give us a non exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use your postings by reproducing, communicating, re-publishing, editing or otherwise exploiting the postings as we wish. You also give us a licence to deal with the postings as necessary to perform technical and administrative functions in running Photograph Australia.
You grant us the right to sub-license your postings (or edited or modified versions of the postings) to others at our discretion.
Once you have made a posting on Photograph Australia, you consent to us dealing with it as we see fit. You cannot withdraw or retract the posting or seek payments from us in relation to this licence at any time in the future. If you do not want your material to be used in this way you must not post it on Photograph Australia.
If we do use your material we may attribute it to your registered 'handle', but we are not required to. Also we may contact you to request that your real name be used. We will never publish your real name unless you have been contacted by us and you have given your permission.
With respect to your moral rights in your postings, you consent to your postings being used, copied, published, transmitted, exhibited, performed, communicated or adapted as we see fit. We generally attribute authorship, but it is not always possible. You consent to us not attributing authorship to you at all, or only attributing it to your Photograph Australia 'handle' (at our discretion). If we elect to attribute authorship we will make reasonable efforts to attribute authorship to you or your handle, but if a mistake is made and authorship is falsely attributed, you consent to that false attribution in those circumstances.
Reproducing postings
Third parties are not permitted to copy, amend or re transmit postings without permission. Permission can be obtained from the copyright owner (generally the member making the posting), or from us as licensee.
If you wish to share Photograph Australia content with a friend please send them a hyperlink. Third party commercial sites are not permitted to provide digests or summaries of Photograph Australia posts, even through hyperlinks, without our permission.
Steve Parish Publishing intellectual property For Photograph Australia content other than postings, copyright is held or licensed by us. You must not reproduce this content without permission from the relevant copyright owner or licensee.
You must not use the Photograph Australia or Steve Parish Publishing trademarks for any purpose without our permission.
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CHILDREN
Because users can automatically post to Photograph Australia, it may contain content which is not appropriate for people under 18.
If you are under the age of 18 you should seek your parents' permission before accessing Photograph Australia.
If parents wish to control their children's access to inappropriate material they should consult the ABA's CyberSmart Kids site. That site contains a wealth of tips for parents on facilitating a safe internet experience for children.
If you are concerned about the appropriateness of content posted on Photograph Australia please refer the complaint to us.
If you still are not satisfied, you can make a complaint to the Australian Communications & Broadcasting Authority. We will comply with any directions given by the ABA in relation to these complaints.
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COMPLAINTS PROCEDURE
We take copyright, trade mark, defamation and other laws seriously. If you become aware of a posting that you believe is infringing your legal rights you should immediately make us aware of the posting. We will investigate all complaints and may at our discretion take remedial action, including removing the posting in question, removing all the postings of the relevant member, or banning the relevant member from Photograph Australia.
The formal procedure
1. Identify the posting in issue and provide us with a copy of the posting and the location (URL, or web address) of the posting.
2. Identify the intellectual property or other right which is being infringed by the posting or the law which the posting breaches. Clearly articulate your arguments about the issue.
3. Provide contact information (including if possible your email address, your postal address and fax number).
4. Include a statement to the effect of: "I have a good faith belief that the allegedly infringing posting is contrary to the law."
5. Also include the following statement: "I swear, under penalty of perjury, that the information in this complaint is accurate".
6. Sign the paper.
7. Send the written complaint to:
Photograph Australia Complaints
Steve Parish Publishing Pty Ltd
PO Box 1058 Archerfield 4108
Australia
or fax it to: +61 7 3278 6311 (marked to the attention of Photograph Australia Complaints)
We will assess if your complaint has merit and will take whatever action we see fit. Whatever course is decided on we will get in contact with you to explain our decision.
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LIABILITIES AND INDEMNITIES
We are not responsible to you or anyone else for any loss, damage, liability, cost or expense suffered in connection with the use of the Photograph Australia or any of its content.
Photograph Australia is provided "as is" and we make no warranties or representations about it or its content. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of Photograph Australia, its content or the information on it.
Where liability cannot be excluded, any liability incurred by us in relation to the use of Photograph Australia or its content is limited to the resupply of the service or the cost of having the service provided again (at our discretion). We will never be liable for any indirect, incidental, special or consequential loss, or loss of business profits or revenue arising out of the use of Photograph Australia.
You must indemnify us and the other companies in Steve Parish Publishing Pty Ltd against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against us or the other companies in Steve Parish Publishing Pty Ltd in connection with any breach of these terms of use.
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