TERMS OF USE
EYELEVEL COMMUNICATIONS PTY LIMITED WEBSITE INFORMATION
1. DEFINITIONS:
1.1. “EyeLevel, “we”, “us” refers to EyeLevel Communications Pty Limited ABN 47 695 413 883 and any of its related entities
1.2. “Site” – refers to the current sites of eyelevel.com.au and eyelevelstudio.com.au
1.3. “you” refers to the person/business/entity accessing this Site.
2. ABOUT THESE TERMS OF USE
2.1. These Terms of Use (“terms of use”) and the associated Privacy Policy (“privacy policy”) govern your access to and use of the Site.
2.2. You should read these terms of use and the privacy policy carefully before using this Site. By accessing or using the Site, you are signifying that you agree to be bound by these terms.
3. MODIFICATIONS TO THE TERMS
3.1. EyeLevel may revise and update these terms of use at any time without notice.
3.2. Your continued use of the Site after any changes to these terms of use will mean that you accept those changes.
4. YOUR ACCESS/USE
4.1. No contractual relationship is formed between EyeLevel and you by virtue of your access or use of this Site.
4.2. You must not interfere with the operation of the Site. This includes (but is not limited to):
• creating an undue burden on the site;
• using any robot, spider or other device or process to modify or circumvent the navigational structure, security or presentation of the Site
4.3. You must not use the Site:
• for unlawful purposes (e.g. by introducing Trojan Horses, worms, time bombs, cancelbots and other computer programming instructions that may damage the system or data);
• to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messages, “spimming,” or “spamming”;
• to impersonate any person or entity;
• to solicit money, passwords or personal information from any person
• to harm, abuse, harass, stalk, threaten or otherwise offend others.
4.4. You must not upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:
• in any way violates or infringes the intellectual property or other rights of another person;
• contains, promotes or provides information about unlawful activities or conduct;
• is defamatory, obscene, offensive, threatening, abusive, religiously vilifies, incites violence or hatred, or offends, insults or humiliates others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
• includes an image or personal information of another person or persons unless you have their consent;
• is false, misleading or deceptive;
• contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
• advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
• contains financial, legal, medical or other professional advice.
5. YOUR MATERIAL
5.1. By uploading, transmitting, posting or otherwise making available any material via the Site, you:
• grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose;
• warrant that you have the right to grant the abovementioned licence;
• warrant that the material does not breach any of the conditions in this terms of use or the privacy policy; and
• unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the material.
5.2. We reserve the right (but have no obligation) to review, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available.
6. THE MATERIAL ON THE SITE
6.1. We do not endorse any opinion, advice, or statement made by any person other than us.
6.2. We do not warrant the accuracy, adequacy or completeness of material on this Site.
6.3. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of EyeLevel.
6.4. We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site by any person other than us.
6.5. We will not be taken to have uploaded, posted, transmitted or otherwise made material available on the Site by facilitating others to post, transmit or otherwise make material available on the Site.
7. SUSPECTED BREACHES OF TERMS OF USE
7.1. If you think that the Site has been accessed or used by a person in breach of the terms of use, please contact us via the contact information available on the Site.
7.2. If you wish to send us a copyright infringement notification, you will need to identify the material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information.
8. EYELEVEL PRIVACY POLICY
8.1. The EyeLevel privacy policy is available on this site. This privacy policy is incorporated into and subject to our terms of use. By accepting our terms of use you accept the privacy policy.
9. INTELLECTUAL PROPERTY
9.1. The Site contains material that is protected by copyright, trade mark and other laws, the rights to which are the property of EyeLevel .
9.2. No material on this site may be used, stored, reproduced, published, altered, adapted, uploaded to a third party, linked to a third party, framed, distributed or transmitted in any form or by any means in whole or part (with the exception of the temporary copy held in your computer’s cache) without the consent of EyeLevel. This includes (but is not limited to):
• using any robot, spider or other device or process to retrieve, index, or in any way reproduce any content of the site including the navigational structure, security or presentation;
• using the Site with the assistance of any automated scripting tool or software;
• framing or mirroring any part of the Site without our prior written authorisation;
• using code or other devices containing any reference to the Site to direct other persons to any other web page;
• modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Site or cause any other person to do so;
• deleting any attributions or legal or proprietary notices on the Site.
9.3. You must not use any material on the Site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
10. OUT BOUND LINKS
10.1. The Site may contain links to third-party websites and resources (“linked sites”). These linked sites do not form part of the Site, and are not under our control.
10.2. EyeLevel makes no representations that we recommend or endorse the linked sites.
10.3. EyeLevel makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site.
10.4. EyeLevel does not accept any responsibility in connection with any linked sites. If you access any linked sites, you do so entirely at your own risk.
11. VIDEO PLAYER
11.1. We may allow you to share or embed some of the content in our Video Player on third party sites.
11.2. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality of the Video Player.
11.3. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and EyeLevel reserves all rights in relation to the content and the Video Player, including the right to require users of the Video Player to remove shared or embedded content for any reason in our absolute discretion.
11.4. Users of the Video Player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made.
11.5. Users must display contact information on their website sufficient to allow EyeLevel to make contact and request player removal.
11.6. EyeLevel does not make any warranty, representation or guarantee as to availability or any level of service and may disable the Video Player without notice.
12. JURISDICTION
12.1. The law applicable to any disputes in respect of this Site is the law of the State of New South Wales.
13. DISCLAIMER OF WARRANTIES
13.1. You use the Site at your own risk.
13.2. Except where expressly stated otherwise, the content and material on the Site is provided for general information purposes only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
13.3. EyeLevel makes no representations or warranties about the accuracy, completeness, reliability, security or timeliness of the content, information or services provided by the Site and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
13.4. EyeLevel makes no representations or warranties that the Site will be available continuously, be free from viruses, or that access to the Site will be uninterrupted, timely, secure or error free.
13.5. We reserve the right to change or discontinue the Site, or any feature or service of it, at any time without providing notice to you.
13.6. EyeLevel is not responsible, and will not be liable, for any loss resulting from any action or decision by you made in reliance on the material on the Site, nor for any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
14. INDEMNITY
14.1. You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Site, your breach of these terms of use, or your breach of any rights of third parties.
15. LIMITATION OF LIABILITY
15.1. You use the site at your sole risk.
15.2. Subject to any duties implied by law which cannot be excluded, EyeLevel (including, for the purpose of this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaims all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the content or this Site (or material accessed via this Site), or to access of the Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these terms of use, under any law are hereby excluded.
15.3. If EyeLevel is found responsible for any damages, EyeLevel is responsible for actual damages only capped at $1,000.00.
15.4. In no event shall EyeLevel be liable for any incidental, indirect, exemplary, punitive and/or consequential losses or damages, however arising in connection with the Site.
16. PERSONAL PROPERTY SECURITY ACT 2009 (CTH) (PPSA)
16.1. You agree that unless expressly agreed in writing with EyeLevel , that you will not register a “financing statement” and/or otherwise claim a “security interest” in any “personal property” of EyeLevel pursuant to the PPSA.
16.2. Terms identified in “ “ in clause 16.1 above indicate such terms are defined in the PPSA.
17. SEVERABILITY
17.1. If any parts of these terms of use are deemed unlawful, void, invalid, or for any reason unenforceable, then that provision may be severed from these terms of use and it will not affect the validity and enforceability of the remaining provisions.
18. WAIVER
18.1. No waiver by us of our rights under these terms of use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted. Any failure to assert any right under the terms of use shall not constitute a waiver of such right.