Hookturn: Terms and Conditions of Use

The web Site Hookturn (Site) is owned and operated by Floate Design Partners Pty Ltd (Company, Usor We). 

All users of the Site must comply with the All Users’ Terms and Conditions set out below.

ALL USERS’ TERMS AND CONDITIONS

Your use of the Site is conditional upon your agreement to, acceptance of and compliance with the Terms and Conditions set out below (Terms and Conditions). Your use of and/or access to the Site constitutes your agreement with the Terms and Conditions.

Intellectual Property

All information, text, material, images, audio, video, graphics, software and advertisements on the Site (Material) are copyright © 2013-2014 Floate Design Partners Pty Ltd, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws. 

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Material except as expressly provided on the Site, or expressly authorised in writing by the Company.

You must not use the Hookturn trade marks, logos or other materials for any purpose without the prior written consent of the Company. 

You may, subject to specific restrictions set out in these Terms and Conditions, download Material from the Site solely for your personal, non-commercial use. You must not distribute such Material in any form to any third party. You agree not to change or delete any proprietary notices from any Material downloaded from the Site. 

Communications

The Site may contain communication facilities such as forums and chat rooms, which provide for real-time communication between users of the Site, for feedback to the Company, messaging and notice services. The Company reserves the right to monitor such communication facilities and the communications posted from time to time. While the Company reserves the right to monitor such communication facilities, the Company does not and cannot, and is under no obligation to, review all communications and third party materials posted or uploaded to the Site and is not responsible for the content of these communications and third party materials. 

The Company reserves the right to block, edit or remove from the Site communications and third party materials which the Company in its sole discretion determines to be abusive, defamatory or obscene, fraudulent, misleading or deceptive, a breach of any third party intellectual property rights, a breach of any law or these Terms and Conditions, or offensive or otherwise unacceptable to the Company.

You acknowledge and agree that the Company has no control over users of the Site, and is under no circumstances liable for the behaviour, opinions or conduct of such users, including but not limited to any information, materials or advice provided by them, any defamatory or otherwise offensive statements.

Users must not:

  • upload any information, text, data, program or comments on the Site (Works) which are false, misleading or deceptive;
  • post or upload any Works which are libellous, defamatory or which discloses private or personal matters concerning any person, or any Works which are indecent, obscene or pornographic;
  • post or transmit any Works that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
  • interfere with other users use of the Site, including but not limited to disrupting the normal flow of dialogue in a chat room or forum;
  • post or transmit any file or data which contains viruses or any other contaminating or destructive features;
  • post or transmit any Works which are harmful, threatening, abusive or hateful;
  • post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
  • send any unsolicited mass emailing to other users of the Site; and/or
  • use the facilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.

Licence to the Company

By placing any Works on the site, you grant the Company a non-exclusive, world-wide, royalty free, perpetual licence to use the works in any manner and in any medium, at the Company’s sole discretion, including to reproduce, distribute, transmit, adapt, publicly display and publicly perform the works without limitation.

You expressly waive in favour of the Company any moral rights or similar rights you have in any jurisdiction in respect of the works. If requested by the Company you agree to enter into any further agreements necessary to document the licence and waiver set out above, at the Company’s expense.

By placing any Works on the Site, including the Site’s bulletin boards, forums and chat rooms, you grant the Company a non-exclusive, world-wide, royalty free, perpetual licence to use the Works at its discretion, including to sub-licence, reproduce, distribute, transmit, adapt, publicly display and publicly perform the works.  You expressly waive in favour of the Company any moral rights or similar rights you have in any jurisdiction in respect of the works.  If requested by the Company you agree to enter into any further agreements necessary to document the licence and waiver set out above, at the Company’s expense.

Indemnity

You agree to indemnify the Company and keep the Company, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms and Conditions or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person using your registered account.

Access to any Site which may be reached by the hyperlinks on this Site (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.

Accessing a Linked Site from this Site does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of the Company as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. The Company will not be liable to the reader or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.

The ability to access a Linked Site does not:

a. constitute express of implied authority to infringe copyright in any Material contained on the Linked Site; and/or b. imply any connection, sponsorship or affiliation between the Linked Site and this Site or the Company.

Privacy

You accept the Privacy Policy, found at http://www.hookturn.com.au/privacy/.

Variation and Termination

These Terms and Conditions shall continue to have full force and effect until varied or terminated by the Company. The Company reserves the right to terminate this agreement and your access to the Site at any time for any reason or for no reason.  The Terms and Conditions relating to intellectual property, your licences to the Company, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.

The Company reserves the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the Site. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to the Site after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use the Site will terminate immediately.

Disclaimers and Limitation of Liability

To the fullest extent permitted by law:

  • all information and materials on the Site is provided “as is” and without warranty of any kind, express or implied;
  • all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
  • the Company and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on the Site;
  • the Company makes no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
  • the Company makes no warranties that files and/or data available for downloading from the Site, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.

Under no circumstances (including but not limited to any act or omission on the part of the Company, its servants or agents) will the Company or its associated companies be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Site or any information and/or materials contained on the Site. 

General

This agreement is governed by the laws of the State of Victoria, Australia.  You irrevocably submit to the jurisdiction of the courts of that State. 

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.

The waiver by the Company of a breach of these Terms and Conditions by you shall not be construed as a waiver of any other breach of these Terms and Conditions by you and shall not in any way restrict the Company’s right to exercise its rights pursuant to this agreement in respect of any other breach of these Terms and Conditions.

UPLOADING USERS’ TERMS AND CONDITIONS

In addition to the All Users’ Terms and Conditions, any user who uploads audio and/or visual content (Audio/Visual Content) to the Site (Uploading Users) are subject to the following Terms and Conditions.

Age

No user is to upload Audio/Visual Content to the Site unless the user is aged 18 years or older.

Audio/Visual Licence

By uploading or otherwise placing any Audio/Visual Content on the Site you grant the Company a non-exclusive, world-wide, royalty free, perpetual licence to use the audio/visual works on the Site, including to reproduce, distribute, transmit, adapt, publicly display and publicly perform the works on the Site (Audio/Visual Licence).

You additionally grant the Company a non-exclusive, world-wide, royalty free, perpetual licence to use the audio/visual works to promote the Site, including to reproduce, distribute, transmit, adapt, publicly display and publicly perform the works for this purpose (Audio/Visual Publicity Licence).

If requested by the Company, you agree to enter into any further agreements necessary to document the licence set out above, at the Company’s expense.

Audio/Visual Communication

Uploading Users must not:

  • upload any Audio/Visual Content which is false, misleading or deceptive;
  • post or upload any Audio/Visual Content which is libellous, defamatory or which discloses private or personal matters concerning any person, or any Audio/Visual Content which is indecent, obscene or pornographic;
  • post or transmit any Audio/Visual Content that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks; or
  • post or transmit any Audio/Visual Content which is harmful, threatening, abusive or hateful.

Warranty

By uploading Audio/Visual Content to the Site, the Uploading User warrants as follows:

  1. That either:
    • the Audio/Visual Content contains no third party content (including music or images); or
    • the Uploading User has obtained licences to include any third party content in the Audio/Visual Content and to upload it to the Site, and holds the necessary rights to grant the Audio/visual Licence and the Audio/Visual Publicity Licence; and
  2. That any person appearing in the Audio/Visual Content consented to the use of their name and/or image and/or voice in the Audio/Visual Content, the uploading of the Audio/Visual Content to the Site and the granting of the Audio/Visual Licence and the Audio/Visual Publicity Licence;

(together, the Warranties)

Audio/Visual Indemnity

You agree to indemnify the Company and keep the Company, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of the Warranties by you or any other person using your registered account.