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    Terms of Service

    Last updated on 11th October 2019

    This page describes the terms and conditions that govern your use of the Eacham Times digital products, including www.eachamtimes.com and mobile applications, offered by the Eacham Times.(“ET”, “us” or “we”).

    For information on how ET collects, uses and shares any personal information, please see our Privacy Policy. Your acceptance of these Terms of Service constitutes your consent to the processing activities described in our Privacy Policy under the laws of Queensland, Australia or your jurisdiction.

    Table of Contents

    1. General Rules and Definitions
    2. Content on the Services
    3. User-Generated Content: Submissions, Including Comments and More
    4. Prohibited Use of Services
    5. Representations and Warranties; Indemnification; Limitation of Liabilities
    6. Fees and Payments
    7. Third-Party Content and Links to Third-Party Websites
    8. Software Licenses
    9. Termination
    10. Governing Law; Jurisdiction
    11. Miscellaneous

    1. General Rules And Definitions

    1.1. If you choose to use certain ET digital products displaying or otherwise governed by these Terms of Service, including www.eachamtimes.com.au (the “Site”), ET’s mobile sites and applications, and any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads (collectively, the “Services“), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and ET.

    1.2. We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.

    1.3. If any of the Terms and Conditions of these Terms of Service, or any future changes, are unacceptable to you, you may cease your access to ET at that time.

    1.4. We may change, suspend or discontinue any aspect of the services at any time, including the availability of any services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.

    1.5. Being exposed to advertising is a condition of accessing the services.

    2. Content on the Services

    2.1. The Contents of the Services, including the site, are intended for your personal, noncommercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the “Content“) are protected by copyright, and owned or controlled by the Eacham Times or the party credited as the provider of the content. The Eacham Times also owns copyright in the selection, coordination, compilation, and enhancement of such content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any content accessed through the service.

    2.2. The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, and other intellectual or proprietary rights therein pursuant to Australian and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the content (or its Arrangement) or the cervices (including software) in whole or in part.

    2.3. You may download or copy the content and other downloadable items displayed on the services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any content for other than personal use is expressly prohibited without prior written permission from the Eacham Times Publisher, or the copyright holder identified in the copyright notice contained in the content.

    2.4. Certain content is furnished by other parties, the ET is not responsible for any inaccuracies, errors or omissions in any such content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

    3. User-Generated Content: Submissions, Including Comments and More

    3.1. If you upload, post or submit any content on the service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the services any libellous, defamatory, obscene, pornographic, abusive including any bullying, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the services any malware, viruses, spyware, or other malicious software or files to the services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.

    Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

    Use respectful language. Like any community, the online conversation flourishes only when our members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

    Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. ET encourages active discussions and welcomes heated debate on the services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the service.

    3.2. The services shall be used only in a noncommercial manner. You shall not, without the express approval of ET, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

    3.3. You acknowledge that any submissions you make to the services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission“) may be edited, removed, modified, published, transmitted, and displayed by ET and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the services may also be included in our RSS feeds and APIs and made available for republishing through other formats.

    3.4. You grant ET a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the submissions, which includes without limitation the right for ET, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any submission posted by you on or to the services or any other website owned by ET, including any submission posted on or to the services through a third party.

    3.5. You are solely responsible for the content of your submissions. However, while ET does not and cannot review every submission and is not responsible for the content of these messages, ET reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.

    3.6. By making a submission, you are consenting to its display and publication on the site and in the services and for related online and offline promotional uses.

    4. Prohibited Use of the Services

    You may not access or use, or attempt to access or use, the services to take any action that could harm us or a third party. You may not use the services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the services, or any content thereof, or make any unauthorised use thereof. Without ET’s prior written consent, you shall not:

            1. Access any part of the services, sontent, data or information you do not have permission or authorisation to access or for which ET has revoked your access;
            2. Use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the content, data or information from the services, or otherwise access or collect the content, data or information from the services using automated means;
            3. Use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the services;
            4. Cache or archive the content (except for a public search engine’s use of spiders for creating search indices);
            5. Take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
            6. Do anything that could disable, damage or change the functioning or appearance of the services, including the presentation of advertising.

    Engaging in a prohibited use of the services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

    5. Representations and Warranties; Indemnification; Limitation of Liabilities

    5.1. You represent, warrant and covenant (a) that no materials of any kind submitted through by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous or otherwise unlawful material; (b) that you are at least eighteen years old if you are in Australia, and sixteen years old anywhere else; and (c) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the service. You hereby indemnify, defend and hold harmless ET and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. ET reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

    5.2. ET does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. To the maximum extent permitted by applicable laws, the services and all software are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. While we try our best to ensure that the services are always available, up-to-date and correct, ET does not warrant that the services will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the content or other material made available through the services. You should not rely on the content as a substitute for, nor does it replace, professional legal, financial, tax or medical advice. If you have any concerns or questions about your health or the Content on the Services, you should always consult with a physician or other health care professional. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. We shall have no liability for investment decisions based upon, or the results obtained from, the content provided herein. Nothing contained in the site shall be construed as investment advice. We are not a registered broker-dealer or investment advisor and do not give investment advice or recommend one product over another. You hereby acknowledge that the use of the services is at your sole risk.

    5.3. In no event will ET, and the respective shareholders, directors, officers, employees, advertisers, suppliers, content providers and licensors (“ET parties“) be liable (jointly or severally) to you or any other person as a result of your access or use of the services, submissions or content for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings, lost revenues, or lost goodwill (collectively, the “excluded damages“). These limitations apply whether the alleged liability is based on negligence, tort, contract, or other theory of liability, even if any of the ET parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the ET parties’ liability will be limited to the fullest possible extent permitted by applicable law.

    6. Access to ET

    6.1. Access to ET is open to the public, you must be 18 years old in Australia to access ET and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, any part of the services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the services.

    6.2 .You are responsible for all usage or activity on ET. Any fraudulent, abusive, or otherwise illegal activity may be grounds for blocking further access to ET, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.

    6.3. If your access to any service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the client may have provided us with information about you to enable us to provide you with access to the services and distinguish you from other subscribers (such as your IP address, email address or name).

    7. Fees and Payments

    7.1. We reserve the right at any time to charge fees for access to portions of the service or the services as a whole. In no event, however, will you be charged for access to the services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the services that are now free, we will give you advance notice of such fees. An account will be created at a time when you decide to subscribe on a fee for accessing the services basis. You may cancel your account at any time. All new fees, if any, will be posted prominently on the site and in other appropriate locations on the service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the services through your account.

    8. Third-Party Content and Links to Third-Party Websites

    8.1. The services contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). ET does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this linked content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any linked content to such site.

    9. Software Licenses

    9.1. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the services (“Software“). You may not sublicense, assign or transfer any licenses granted by ET, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from software.

    10. Termination

    10.1. If ET activates a fee for the service, you may terminate your account at any time by e-mail to us at sales@eachamtimes.com.au. Upon termination, you will receive an automated confirmation via e-mail that the cancellation was processed, and your access will be suspended within 24 hours.

    10.2. ET may, in its sole discretion, terminate or suspend your access to all or part of the services for any reason, including, without limitation, breach or assignment of these Terms of Service.

    11. Governing Law; Jurisdiction

    11.1. These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the Australia and the State of Queensland as an agreement wholly performed therein.

    11.2. Any claim or cause of action arising out of or related to use of the services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

    12. Miscellaneous

    12.1. These Terms of Service have been made in and shall be construed and enforced in accordance with Queensland, Australia law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Cairns, Queensland.

    12.2. Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.

    12.3. Correspondence should be sent to the Editor at editor@eachamtimes.com.au

    12.4. You agree to report any violations of the Terms of Service to ET as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a service, please notify editor@eachamtimes.com.au.

    12.5. Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

    12.6. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the notice must include ALL of the following:

        1. A physical or electronic signature of the person authorised to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
        2. A description of the copyrighted work that you claim has been infringed;
        3. A description of where the material that you claim is infringing is located on the Site
        4. Your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
        5. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
        6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notices of claimed copyright infringement should be directed to the editor at editor@eachamtimes.com.au