Terms

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern OCCUPY SYDNEY’s relationship with you in relation to this website.

The term “OCCUPY SYDNEY” or “us” or “we” refers to the owner of the website whose registration is classified. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• You may create a link to this website from another website or document without OCCUPY SYDNEY’s prior written consent.

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

 

Access & Use

All information, text, material, graphics, software and advertisements on the Site (“ Content“) are protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by occupysydney.org.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of occupysydney.org or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

The Site contains links to other websites outside the Site for your information and convenience. dontcopit.com makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Communication Forums

Messages Posted to Forums

The occupysydney.org site contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to occupysydney.org, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“ Forums“).

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication) (collectively “ Messages“) to the Forums. However, occupysydney.org accepts no responsibility whatsoever in connection with or arising from such Messages.

occupysydney.org does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by occupysydney.org prior to posting and do not necessarily reflect the opinions or policies of either of occupysydney.org or the relevant occupysydney.org Member. occupysydney.org makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless occupysydney.org reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

occupysydney.org assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time dontcopit.com chooses, in its sole discretion, to monitor the Forums, occupysydney.org nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that occupysydney.org accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.

You agree that you will not submit Messages to Forums that:

• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication or material that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to dontcopit.com that you are the rightful owner of such material or that you have first obtained permission from the rightful owner to submit the material;
• improperly assume or claim the identity, characteristics or qualifications of another person;
• are for purposes of spamming;
• contain any virus or other harmful component;
• are libellous, or an invasion of privacy or publicity rights or any other third party rights;
• are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.

Intellectual Property in Messages

By placing a Message on a Forum, you grant to occupysydney.org a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (“ Licence“) to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and

2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The Licence also includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. By your acceptance of these Terms of Use, you expressly waive in favour of occupysydney.org and any other party authorised by dontcopit.com all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of occupysydney.org, you will execute and deliver to occupysydney.org such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Liability for Use of Forums

You agree to release occupysydney.org, its parents and affiliates together with their employees, agents, officers, directors and shareholders, from any and all liabilities and obligations whatsoever in connection with or arising from your use of Forums.

You agree to indemnify occupysydney.org against any loss, claim, damage or action that occupysydney.org may suffer or incur as a result of any Message submitted by you.

If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

You expressly acknowledge and agree that the Forums provide a means of public and not private communications.

occupysydney.org reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Disclaimer and limitation of liability

While occupysydney.org does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.

Where any applicable legislation implies any term, condition or warranty into these Terms of Use or into dontcopit.com’s relationship with you or otherwise gives you a particular remedy against occupysydney.org (“ Implied Terms“) and that legislation or any other legislation prevents the operation of provisions excluding or modifying the application of the Implied Terms, then the Implied Terms will be deemed to be included in these Terms of Use. However, occupysydney.org’s liability for any breach of an Implied Term will be limited, to the extent permitted by law, at occupysydney.org’s option, to the following:

• in the case of services supplied or offered through the Site, the supply of the services again, or the payment of the cost of having services supplied again; and
• in the case of goods supplied or offered through the Site, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Except to the extent that the Implied Terms are included in the Terms of Use, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating in any way to the Service are excluded.

Subject to the Implied Terms:

• occupysydney.org DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
• You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site.
• You acknowledge that dontcopit.com and its parents and related parties together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorized access to your computer system or Site.
• You acknowledge that occupysydney.org is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
• You acknowledge that occupysydney.org is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

You expressly acknowledge and agree that occupysydney.org does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.