Please read this Agreement carefully before accessing or using this website. By accessing this site, you are agreeing to be bound by these Terms and Conditions all applicable laws and regulations, and agree you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
If these terms and conditions are considered an offer by KCDA, acceptance is expressly limited to these terms.
This website is available only to individuals who are at least 13 years old.
To use the website or services offered, you cannot be a person barred from receiving the Service under the laws of applicable jurisdictions, including the country in which you reside or from where you use the Service.
- Permission is granted to temporarily download one copy of the materials (information or software) on KCDA’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by KCDA at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The Australian Copyright Act allows certain uses of content on the internet without the copyright owner’s permission. This includes uses by educational institutions for educational purposes, and by Commonwealth and State government departments for government purposes, provided fair payment is made. For more information, see www.copyright.com.au and www.copyright.org.au
Responsibility of Contributors
If you comment on a blog, post material, links or otherwise make material available by means of this website (“content”), you are entirely responsible for the content of, and any harm resulting from, your content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making content available, you represent and warrant that:
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by KCDA or otherwise.
By submitting content for inclusion on our website, you grant KCDA world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your website or blog.
Without limiting any of those representations or warranties, KCDA has the right (though not the obligation) to, in KCDA’s sole discretion (i) refuse or remove any content that, in KCDA’s reasonable opinion, violates any KCDA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in KCDA’s sole discretion.
The materials on KCDA’s web site are provided “as is”. KCDA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, KCDA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Indemnification & Limitation
You agree to indemnify and hold harmless KCDA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this website, including but not limited to your violation of this Agreement.
In no event shall KCDA or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on KCDA’s Internet site, even if KCDA or an authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
KCDA will have no obligation to provide a refund of any amounts previously paid.
Paid services may be available on this website (“purchase”). By selecting a purchase you agree to pay KCDA the fees indicated for that product or service. Payments will be charged immediately.
Revisions and Errata
The materials appearing on KCDA’s web site could include technical, typographical, or photographic errors. KCDA does not warrant that any of the materials on its web site are accurate, complete, or current. KCDA may make changes to the materials contained on its web site at any time without notice. KCDA does not, however, make any commitment to update the materials.
KCDA has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KCDA of the site. Use of any such linked web site is at the user’s own risk.
By linking to a website or webpage, KCDA does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. KCDA disclaims any responsibility for any harm resulting from your use of those websites and webpages.
KCDA may also, in the future, offer new services and/or products through this website and any such new features and/or services shall be subject to the terms and conditions of this Agreement.
KCDA may terminate your access to all or any part of this website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
General Representation and Warranty
You represent and warrant:
- your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
This Agreement constitutes the entire agreement between KCDA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of KCDA, or by the posting by KCDA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Victoria.
Any claim relating to KCDA’s web site shall be governed by the laws of the State of Victoria without regard to its conflict of law provisions.