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Legal Notices

Started by Administrator, 26 Apr 21, 16:02:01

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Legal notices

Access to and use of this site is provided by Stone Productions Pty Ltd, ABN: 27 642 039 987 ("us" - also "we" and "our") on the terms and conditions set out in Stone Productions Terms and Conditions, including Stone Productions User Content Policy and Stone Productions Privacy Policy. (

Due the unique nature of a debating forum, the following additional terms and conditions are applicable to the use of Excogitatoris.Site Forum.

If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these Terms, you should not review information or obtain goods or products from this site.

We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).

User conduct
Lawful use only
You must use this site only for lawful purposes.
General prohibitions
You must not up-load, post, transmit or otherwise make available through this site any material which:
•   violates or infringes the rights of others (including their privacy and publicity rights).
•   is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
•   encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
•   restricts or inhibits any other user from using or enjoying this site.
•   affects the functionality or operation of this site or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
•   breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
Electronic addresses posted on this site are published for professional communications only and do not constitute an invitation to send unsolicited commercial emails, including (but not limited to) emails offering to supply goods or services. Except as authorised by these Terms, you must not harvest email addresses from this site or use or publish email addresses for any purpose without our written consent.
No promotional materials
You must not, without our prior written consent, up-load, post, transmit or otherwise make available through this site any material which contains promotional material, advertising or any solicitation (whether commercial or otherwise) for products of services.
No infringement of others' proprietary rights
You must not, without the express permission of the relevant rights owner, up-load, post, transmit or otherwise make available through this site any material protected by copyright, trade mark or other proprietary rights.
Our licence to use your contributions
If you submit material to this site, you grant, or warrant that the owner of such material has granted, to us and our affiliates, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sub-licensable right to:
•   use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part;
•   use the names and images (if any) that you submit with any such material, including names and images identifying you as the author of the material; and
•   exploit all proprietary rights (such as copyright, trade marks and service marks) in any such material,
in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of us or our objectives).
You consent to us and any person authorised by us doing any or all of the above despite all moral and similar rights you may have or later acquire in respect of any such material.
At our request and expense, you will execute and deliver to us all such instruments and take such other actions as may be requested by us to obtain the benefit of and perfect this grant of licence and consent.
Others' licence to use your contributions
If we publish material submitted by you, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
If we publish material submitted by you on a web page that indicates that the content of that page is available for a dealing under a creative commons licence, others are also authorised to deal with the relevant content under the terms of that licence. Subject to a separate written agreement with you, we may elect whether or not to make your material available to others under a creative commons licence. Typically, comments and forum postings will be available under a creative commons licence (but this does not limit our rights to treat other materials in the same manner).
Monitoring site content
If you submit material to this site, you permit us, for any reason, to:
•   monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and
•   edit, refuse to post or remove any material submitted by you.
However, we do not assume any obligation to monitor or censor materials.
We reserve the right to host moderated or unmoderated forums or other web pages to which site users can post materials ("Forums"). We are not responsible for:
•   materials posted to Forums by third parties, whether or not we moderate those Forums;
•   materials altered by us in moderating Forums; or
•   our removal of, or failure to remove, all or any part of those materials.
Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
Disclaimer about others' materials
You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
Subscriber services
We may offer various subscriber services that consist of access to or the supply or provision of services, content or information not available to non-registered users. Any particular terms and conditions attaching to the use of any subscriber service are in addition to these Terms.
If you are a registered user or subscriber to this site or any of its products or services, you acknowledge and agree that:
•   you are solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by you from time to time ("User Password");
•   you will not reveal (or cause to be revealed through any act or omission) your User Password to any other person;
•   you will immediately notify us if your User Password is lost or becomes known to any other person;
•   you are solely responsible for all access to and use of this site via your User Password, whether such access or use is by you or any other person;
•   registered user or subscriber services are for one user only and you will not let any other person use your User Password or any registered user or subscriber services; and
•   any information you provide to us at any time becomes our property.
The price (if any) of any subscriber service is subject to change at any time. You should make sure you are aware of the price of any subscriber service before you purchase it.
We may cancel or discontinue your use of or access to any subscriber service without liability to refund any fees paid in advance for future services if you have breached these Terms.
Creating links to this site
You are welcome to create links from your web pages to these web pages. However, you must not use our trade marks in doing so unless you have our written permission. We are happy to discuss this with you.
Products on linked sites
Third party web sites accessed through links on this site, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant site and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those sites.

Disclaimers, liability limitation and indemnity
General disclaimers
Use of this site is at your risk. None of us, our affiliates or any of our or their respective directors, officers, employees, agents, contributors, third party content providers or licensors:
•   makes any express or implied representation or warranty about, or
•   shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with,
this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
•   your reliance on the completeness, accuracy, suitability or currency of the site or its content (including third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
•   failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
•   accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and your linking to any such site is at your own risk.
•   the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site.
•   defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
•   a breach by us of our Privacy Policy (other than a wilful breach).
Opinions expressed on this site are those of the relevant contributors. We do not necessarily share those opinions.
No advice given
If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site.
Disclaimer of association or endorsement
The use by us of another's trade mark on this site is not of itself intended to indicate any association with, or endorsement by or of, the owner of that trade mark.
Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all warranties by us that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).
Continued site availability and access
We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.
Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
•   in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this;
•   in the case of products supplied or offered by us - repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or
•   the amount paid by you (if any) for accessing this site.
You indemnify us, our affiliates and our respective employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of:
•   your accessing, using or transacting on this site or your attempts to do so (except for our costs of making this site available to you that you have not agreed to meet); and
•   any breach by you or your agents of the Terms.
Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

Copyright and intellectual property notices
International copyright protection
The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.
We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.
Copyright in articles on On Line Opinion is also governed by our Contributors Agreement.
Personal, non-commercial use
You are authorised to:
•   download and view content; and
•   use the software included in this site in doing this,
for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes.
Creative commons licence
If a web page indicates that the content of that page is available for a dealing under a creative commons licence, you are also authorised to deal with the relevant content under the terms of that licence.
Prohibited conduct
Except as expressly authorised under these Terms you may not, without our prior written permission and the permission of any other relevant rights owners, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any purpose.
This prohibition does not extend to:
•   materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify; or
•   any fair dealing for the purposes of private study, research, criticism or review.
We can use your feedback
When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
Adding information
We may add information to any message originated via this site.

General provisions
Queensland, Australia law applies
This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, these Terms and your dealings with us are governed by the laws in force in Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Entire agreement
These Terms constitute the entire and only agreement between us and you, and supersede all prior or contemporaneous agreements, conduct, representations, warranties and understandings with respect to the site or the subject matter of these Terms.
Unenforceable Terms
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
Site or content may be unlawful outside Australia
We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).
No offers where illegality arises
Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
English language
These Terms have been prepared in the English language and must be construed accordingly.