Date of Last Revision: 17 December 2009
TERMS OF USE
AUSTRALIAN INTERNATIONAL DOCUMENTARY CONFERENCE LTD
Contents
1. Privacy
2. Sharing Your Content and Information
3. Use and Copyright
4. Trademarks
5. Safety
6. Registration and Account Security
7. Conference Registration Competitions and Online Sales
8. Protecting Other People's Rights
9. Rules for submission of Documentaries (“Films” and “Trailers”) to the AIDC’S websites
10. Special Provisions Applicable to Organisation Pages
11. Amendments
12. Termination
13. Disputes
14. Limitation of Liability
15. Special Provisions Applicable to Users Outside Australia
16. Definitions
17. Other
The following websites (hereinafter called AIDC’s websites"):
• www.aidc.com.au
• www.aidc.org.au
• www.f4.org.au
• www.docexchange.org.au
• www.screeningroom.org.au
are online services owned and operated by Australian International Documentary Conference Ltd - ABN 31 098 558 313 ("AIDC LTD").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AIDC’S WEBSITES. BY USING AIDC’S WEBSITES YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU CHOOSE NOT TO BE BOUND BY THE FOLLOWING TERMS OF USE THEN AIDC LTD DOES NOT GRANT YOU THE RIGHT TO USE AIDC’S WEBSITES AND YOU MUST NOT USE THIS SITE.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use our sites to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. The AIDC LTD Privacy Policy is incorporated into the terms of use.
2. Sharing Your Content and Information
You own all of the content and information you post on AIDC’s websites. In addition:
1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on AIDC’s websites ("IP Licence"). This IP License ends when your IP content or your account is deleted, unless your content has been shared with others, and they have not deleted it.
2. When your IP content is deleted, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. We always appreciate your feedback or other suggestions about AIDC’s websites, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Use and Copyright
You may use AIDC’s websites and the information contained within them for your own personal and non- commercial reference only.
The information contained within AIDC’s websites (including programming scripts, graphics and logos) are copyright of AIDC LTD and its related bodies corporate. You may make any copies of any information reasonably incidental to your viewing of AIDC’s websites and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of AIDC LTD or its related bodies corporate.
4. Trademarks
Trademarks displayed on AIDC’s websites are trademarks of their respective owners. Nothing contained on AIDC’S websites should be construed as granting any licence or right of use of any trademark displayed on AIDC’s websites without the express written permission of the relevant affiliate, or third party owner.
5. Safety
We do our best to keep AIDC’S websites safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorised commercial communications (such as spam) on AIDC’s websites.
2. You will not collect users' content or information, or otherwise access AIDC’s websites, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on AIDC’s websites.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that is hateful or threatening.
8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on AIDC’s websites without our prior written consent. If we consent, you take full responsibility for the promotion and will follow all applicable laws.
9. You will not use AIDC’s websites to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of AIDC’s websites such as a denial of service attack.
11. You will not facilitate or encourage any violations of this Statement.
6. Registration and Account Security
AIDC’s websites users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on AIDC’s websites or create an account for anyone other than yourself without permission.
2. You will not use AIDC’s websites if you are under 18.
3. You will keep your contact information accurate and up-to-date.
4. You will not share your password, let anyone else access your account (without your permission), or do anything else that might jeopardise the security of your account.
5. You will not transfer your account to anyone without first getting our written permission.
6. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
7. Conference Registration Competitions and Online Sales
Where you make a purchase, enter a competition or register as a delegate for the Australian International Documentary Conference through AIDC’s websites, you are bound by the Australian International Documentary Conference terms and conditions and regulations in relation to that purchase, competition or registration.
8. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same. As a User, you have certain obligations toward the other Users with whom you will be communicating. Certain of these obligations are imposed by applicable law and regulations, and others have become commonplace in user-friendly communities of like-minded members.
You must, at all times, respect the terms and conditions of the then-current Privacy Policy and the terms of use. As a condition to access AIDC’s websites you agree:
1. You will not post content or take any action on AIDC’s websites that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on AIDC’s websites if we believe that it violates this Statement.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account.
4. You will not use our copyrights (including AIDC’s websites or any confusingly similar websites), without our written permission.
5. You will not post you own anyone else’s identification documents or sensitive financial information on AIDC’s websites
6. You will respect all intellectual property rights which may belong to third parties (such as photographs and video)
7. You will not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit other Users’ Content
8. You will not adapt, modify or create derivative works based on Other Users Content, in whole or part.
9. You will not remove any copyright, trademark or other proprietary rights notices contained in or on AIDC’s websites, including those of Other Users, AIDC’s websites or any of its licensors.
10. You will not defame others in your usage of the AIDC website (including within your work submitted to the website.) Publication of defamatory material will not be tolerated and we reserve the right to remove material brought to our attention as soon as reasonably possible.
9. Rules for submission of Documentaries (“Films” and “Trailers”) to the AIDC’S websites
The Terms of Use apply to the submission of Films (as Films are User Content) – and you should read the Terms of Use in full carefully as they set out your rights and responsibilities. If you submit a Film in breach of the Terms, and this comes to our attention, we reserve the right to remove it from the AIDC’s websites.
10. Special Provisions Applicable to Organisation Pages
1. Organisation Pages are special profiles that may only be used to promote a business or other commercial or charitable organisation or endeavor (including non-profit organisations).
2. You may only administer AIDC’s websites Organisation Page if you are an authorised representative of the Organisation.
3. When you publish content or information to your Organisation Page we have no obligation to distribute your content or information to users.
4. If you collect user information on your Page, Section 4 of these terms also applies to you.
11. Amendments
AIDC LTD may vary these terms at any time. Any variations become effective on posting. By continuing to use the site after the terms of use have been varied you agree to be bound by the variation.
12. Termination
If you violate the letter or spirit of these terms of use or otherwise create possible legal exposure for AIDC LTD, we can stop providing all or part of AIDC’s websites services to you. AIDC LTD reserves the right to delete any account and associated content which we deem to be inappropriate.
We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time by applying to info@aidc.com.au.
13. Disputes
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or AIDC’s websites exclusively in the relevant court as provided by the legislation. The state laws of South Australia and Federal laws of the Commonwealth will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the relevant Australian court for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on AIDC’s websites you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
14. Limitation of Liability
WE TRY TO KEEP AIDC’s WEBSITES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AIDC’S WEBSITES AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AIDC’s WEBSITES WILL BE SAFE OR SECURE. AIDC’s WEBSITES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR AIDC’s WEBSITES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR AIDC’s WEBSITES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100AUD). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF AIDC’s WEBSITES (AIDC LTD) WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Special Provisions Applicable to Users Outside Australia
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provision applies to users outside Australia: you consent to having your personal data transferred to and processed in Australia.
16. Definitions
1. By "AIDC’s websites" we mean the features and services we make available, including through (a) our websites at www.aidc.com.au; www.aidc.org.au; www.f4.org.au; www.docexchange.org.au; www.screeningroom.org.au and any other AIDC’s websites branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
2. By "us," "we" and "our" we mean AIDC’s websites (AIDC LTD Ltd).
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on AIDC’s websites that would not be included in the definition of "information."
5. By "post" we mean post on AIDC’s websites or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
7. By "court" we mean any court established by or under a law of an Australian jurisdiction (state, territory or Commonwealth).
8. By "DocExhange Profile" we mean the information you provide when registering for “DocExhange” through AIDC’s websites. This information includes:
Name and/or company name; Address; Email address; Telephone and fax numbers; Your job title; Your job type; Photograph ; Short biography
17. Other
These Terms of Use makes up the entire agreement between the parties regarding AIDC’s websites, and supersedes any prior agreements.
1. If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement is governed by the relevant state and Commonwealth legislation of Australia. You irrevocably submit to the exclusive jurisdiction of the relevant courts of Australia jurisdictions as provided by the legislation.
2. If we fail to enforce any of these Terms of Use it will not be considered a waiver.
3. Any amendment to or waiver of these Terms of Use must be made in writing and signed by us.
4. You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent.
5. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6. Nothing in these Terms of Use shall prevent us from complying with the law.
7. These Terms of Use does not confer any third party beneficiary rights.