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Heroes of Australia
 Terms &  Conditions

RULES IN BRIEF:

As a contributor to the  Heroes of Australia Hall of Fame website we expect that you will be well-mannered, familiar with social etiquette and common decency and demonstrate respect for the right to privacy of all other peoples and, that you will not post any content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive, bigoted, hateful, profane, a personal attack, intended to harass or threaten or incite illegal activities with intent to commit them or violate any law or right of any third party. Furthermore, you acknowledge and agree that you are legally liable for the ownership of all intellectural property and proprietorship of ALL the content that you submit to this site.

Any such offenders will be removed and the author will be barred from further participation in Heroes of Australia.

Legal disclaimer (SHORT VERSION)

The purpose of this site is to present the credentials of individuals and entities of interest to the community. Albeit is not a public forum, contributors to this site should have no expectation of privacy or confidentiality with respect to any content, media or other information provided.

As a contributor to the  Heroes of Australia website you acknowledge and agree that you are legally liable for the content that you submit for inclusion on this site. Notwithstanding its right to supervise or actual supervision of interactivity,   Heroes of Australia has no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility for any contents therein including, but not limited to, responsibility for any defamatory material.

Opinions and statements expressed on  Heroes of Australia and in any corresponding comments are the views and opinions of the original authors and are not necessarily reviewed in advance by anyone but the individual author. Their opinions do not necessarily reflect the view of   Heroes of Australia or any other person or company.  Nothing in any comment  constitutes a binding representation, agreement or an endorsement on the part of  Heroes of Australia. In any event, the liability of  Heroes of Australia, its owners, heirs and successors if successfully prosecuted will be limited to AUD $1.00 for any perceived infringement.

TERMS OF USE

The following Terms of Use outline your obligations when using the  Heroes of Australia website, including all sub-domains attached thereto.

ACCEPTANCE OF TERMS

The web pages available at  Heroes of Australia are owned and operated by the  Heroes of Australia community of “Lateral Thinkers” based on the Gold Coast of Queensland, Australia), and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.  Heroes of Australia ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY  Heroes of Australia, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

 Heroes of Australia reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

 Heroes of Australia reserves the right to refuse registration of, or to block a  Heroes of Australia contributor at its discretion.

USER CONDUCT

As a condition of use, you promise not to use  Heroes of Australia Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by  Heroes of Australia as detailed in  Heroes of Australia Disclaimer and Rules of Use.

By way of example, and not as a limitation, you agree not to use the Services:

  • to  abuse, harass, threaten, impersonate or intimidate other  Heroes of Australia users;
  • to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
  • for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  • to create or submit unwanted email ("Spam") to any other  Heroes of Australia users or any URL;
  • to violate any laws in your jurisdiction (including but not limited to copyright laws);
  • With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  • attempt to impersonate another  Heroes of Australia user or person;

 Heroes of Australia may remove any content and  Heroes of Australia accounts at any time for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or for no reason at all. To report Terms of Use abuse, please email: help@heroz.com.au

You are solely responsible for your interactions with other users of the Site.  Heroes of Australia reserves the right, but has no obligation to monitor disputes between you and other users.

COPYRIGHT COMPLAINTS

 Heroes of Australia respects the intellectual property of others. It is  Heroes of Australia policy to respond expeditiously to claims of copyright and other intellectual property infringement.  Heroes of Australia will promptly process and investigate notices of alleged infringement and will take appropriate actions applicable intellectual property laws. Upon receipt of notices complying,  Heroes of Australia may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  Heroes of Australia will terminate access for persons who are repeat infringers.

INDEMNITY

You will indemnify and hold harmless  Heroes of Australia, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your post on the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or  Heroes of Australia USER ID, of any intellectual property or other right of any person or entity.

WARRANTY DISCLAIMERS

You acknowledge that Heroes of Australia has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Heroes of Australia from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.  Heroes of Australia makes no representations concerning any content contained in or accessed through the Site or Services, and Heroes of Australia will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Heroes of Australia has no control over such sites and resources, you acknowledge and agree that  Heroes of Australia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that  Heroes of Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

LIMITATION OF LIABILITY

IN NO EVENT SHALL  Heroes of Australia OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOW SO EVER ARISING)  

 Heroes of Australia, its partners, affiliates and advertisers are not responsible for the content of threads/topics that are submitted by users.

TERMINATION

 Heroes of Australia may terminate or suspend any and all Services and your  Heroes of Australia account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your  Heroes of Australia account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind  Heroes of Australia in any respect, whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Heroes of Australia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond  Heroes of Australia reasonable control; including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sub-licensable by you except with  Heroes of Australia prior written consent.  Heroes of Australia may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Australia.

TRADEMARKS

 Heroes of Australia brand and other  Heroes of Australia graphics, logos, designs, page headers, button icons, scripts, categories, forum and service name are trademarks or trade dress of  Heroes of Australia in the Commonwealth of Australia and/or other countries.  Heroes of Australia trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Any intention to use the  Heroes of Australia logo and other trademarks must be requested and agreed upon in written by  Heroes of Australia..

ADDITIONAL LEGAL DISCLAIMER  AND RULES

 Heroes of Australia is a free, but responsible vehicle on which the preeminent, talented, distinguished and everyday heroes can espouse their community values, virtues and worthiness to the local community and for ordinary users, consumers, clients, customers, patrons and other concerned citizens to stand in judgment.

Please read carefully before participating. 

To register an account and by accessing the  Heroes of Australia site will constitute your agreement to comply with these rules:

  • Site members and visitors shall remain solely responsible for the content of your #Homesite, and you agree to indemnify and hold harmless the Heroes of Australia community and their agents, including but not limited to its owners, operators, administrators and moderators with respect to any claim based upon any content you may submit. Heroes of Australia reserves the right to reveal any information we have about you in the event of a complaint and request by an authorized, accredited government agency or where there is legal action arising from any content that you may post. Please also note that all IP addresses are recorded when content is submitted, comments posted and online response forms are used.
  • Heroes of Australia shall not be liable for any statement, misstatement, inaccuracy or omission of any type for any content submitted by a site member or visitor on any forum.
  • Heroes of Australia bears no responsibility for the accuracy of contents of any participants and will bear no legal liability for discussion results.
  • If you participate in Heroes of Australia, you warrant that you will not:
      • Defame, abuse, harass or threaten others
      • Make any bigoted, hateful, or racially offensive statements
      • Advocate illegal activity or discuss illegal activities with the intent to commit them
      • Post or distribute any material that infringes and/or violates any right of a third party or any law
      • Post or distribute any unethical, pornographic, vulgar, obscene, discourteous, or indecent language or images
  • You are responsible for ensuring that any material you post on Heroes of Australia (text, images, or other multimedia content) does not violate or infringe upon the copyright, patent, trademark or any other personal or proprietary rights of any third party, and is posted with the permission of the owner of such rights.
  • The content submitted for publication (including photos and graphics) will not (normally) be changed or altered by Heroes of Australiain any way. However, Heroes of Australia reserves the right to delete or change any content it believes is unsuitable in content. If you find any posts objectionable or offensive, please contact the Heroes of Australia team.