9. Use of material on the Website or via the Service
9.1 You may only use the Website or Services, or material contained on it or accessible through it, for the purposes of:
(1) uploading Work and identifying yourself as a Contributor to the Work;
(2) identifying yourself as a Contributor to a Work;
(3) viewing contributing artists to uploaded Work;
in accordance with these Terms.
9.2 You may only download material from the Website or Service on the condition that you do not remove any copyright and trade mark notices contained in the material and do not infringe on any Intellectual Property rights existing in relation to that material.
9.3 You may not modify or copy:
(1) the layout of the Website or the layout of the Service; or
(2) any computer software and code contained in the Website or Service.
9.4 We reserve all rights, including, but not limited to, copyright in the material on the Website, services provided by it and Service. The material provided on the Website and Service may not be:
(1) re-sold or re-distributed in any material form;
(2) stored in any storage media; or
(3) re-transmitted in any media;
without our prior written consent.
10. Disclaimer regarding use of Website and Service
10.1 We are making the Website and Service available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website, the Service or Linked Sites on the Internet.
10.2 To the full extent permitted by law we disclaim and exclude any and all warranties, express or implied, regarding:
(1) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website, the Service, or of any linked sites; and
(2) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website, the Service, or on any Linked Sites.
10.3 We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you:
(1) acting, or failing to act, on any information contained on or referred to on the Website, the Service, or any of the linked websites; and
(2) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website, the Service, or any linked sites.
10.4 We do not warrant, guarantee or make any representation that:
(1) the Website, Services, or the server that makes the site available on the Internet are free of software viruses;
(2) the functions contained in any software contained on the Website or the Service will operate uninterrupted or are error-free; and
(3) errors and defects in the Website or the Service will be corrected.
10.5 We are not liable to you for:
(1) errors or omissions in the Website, Services, or linked sites on the Internet;
(2) delays to, interruptions of or cessation of the services provided in the Website, Service, or linked sites; and
(3) defamatory, offensive or illegal conduct of any user of the Website or the Service;
(4) whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
10.6 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or Service.
11.1 You must not misuse this Website or Service.
11.2 You will not:
(1) commit or encourage a criminal offence;
(2) upload any images or recording containing any nudity, violence, drug use, racism, hate speech, act of terrorism, or any other criminal or offensive conduct or content (which will be determined by Rechonize in its sole discretion);
(3) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(4) hack into any aspect of the Website or Service;
(5) corrupt data;
(6) cause annoyance to other users;
(7) infringe upon the rights of any other person’s proprietary or privacy rights or impersonate another individual;
(8) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(9) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
11.3 Breaching this provision may constitute a criminal offence and Rechonize will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
11.4 Rechonize will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website, the Service or to your downloading of any material posted on it, or on any Linked Sites.
12. Termination of access
12.1 Rechonize may terminate access to the Website or Service at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website or Service.
13. Intellectual property, software and content
13.1 The Intellectual Property in all software and content (including photographic images) made available to you on or through this Website and Service remain the property of Rechonize or its respective owners or its licensors and are protected by copyright laws and treaties around the world.
13.2 All such rights are reserved by Rechonize and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website or Service nor may you use any such content in connection with any business or commercial enterprise.
14. Disclaimer of liability
14.1 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website or Service is provided without any guarantees, conditions or warranties as to its accuracy.
14.2 To the fullest extent permitted by law Rechonize expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website, the Service, or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
15. Linking to this website
15.1 You may link to Rechonize’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
16. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
16.1 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website or Service are in no way associated, linked or affiliated with Rechonize and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website or Service are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Rechonize.
17.1 You will indemnify, defend and hold harmless Rechonize, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website, the Service or your breach of these Terms.
18.1 Rechonize must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Service or any page of this Website.
19.1 If any part of the Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
20.1 Amendment of these Terms
(1) Rechonize reserves the right to amend these Terms from time to time. Amendments will be effective immediately uploading to the Website and Service.
(2) Your continued use of the Website and Service following any amendments will act as your agreement to be bound by these Terms as amended. Accordingly, you should check these Terms regularly.
(1) A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(2) The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
(3) A waiver is not effective unless it is in writing.
(4) Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
(1) These law of Queensland governs these Terms.
(2) You submit to the exclusive jurisdiction of the Courts of Queensland and of the Commonwealth of Australia and agree that any lawsuit may be heard in those Courts.
20.5 Definitions and interpretation
In these Terms:
(1) Contributor means an individual or entity that has contributed to a Work;
(2) Intellectual Property is defined in clause 4.1 and means exclusive rights to the results of creative and intellectual effort protected by common law or statute such as copyrighted works and material other than works, trade marks and service marks;
(3) Linked Sites is defined in clause 2.1;
(4) Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth);
(5) Work means a piece of creative work and includes such things as a video recording, audio recording, logo etc.