Terms and Conditions

DigitalBrisbane.com.au Terms and Conditions of Use

    1. Accepting the Terms of Service
      Please read these Terms and Conditions, and our Privacy Policy carefully before using DigitalBrisbane.com.au (“the Site”) and/or the other domains, products, services, and/or content provided by DigitalBrisbane and Brisbane Marketing Pty Ltd ACN 094 633 262.  By using or accessing the Services you agree to become bound by all the terms and conditions.  If you do not agree to all the terms and conditions, you shouldn’t and are not permitted to use the Services.
    2. Modifications to these Terms and Conditions
      DigitalBrisbane and Brisbane Marketing Pty Ltd (BM) reserve the right, in its sole discretion, to modify these terms and conditions at any time by posting revised terms and conditions.
    3. Use of the ServicesEligibility
      No individual under the age of eighteen (18) may use the Services or provide any information to DigitalBrisbane or BM or otherwise through the Services (including, for example, a name, address, telephone number, or email address).  If you are under the age of 18 years, your parent or guardian must given their consent to your participation in the DigitalBrisbane blog.Service Changes and Limitations
      DigitalBrisbane and BM retain the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice.  DigitalBrisbane and BM may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability.  DigitalBrisbane and BM may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). DigitalBrisbane and BM may also suspend Accounts (as defined below) at any time, in its sole discretion.

      Limitations on Automated Use
      You may not do any of the following while accessing or using the Services:

      (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of DigitalBrisbane or BM and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DigitalBrisbane or BM (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with DigitalBrisbane or BM; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without DigitalBrisbane’s or BM’s express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or  (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

    4. Registration, URLs, and Security
      As a condition to using certain of the Services, you may be required to create an account (an “Account”) and select a password and DigitalBrisbane or BM username, which will serve as a default URL of the form [username].digitalbrisbane.com.au (a “URL”).You may also select new DigitalBrisbane or BM URLs for each blog you create.You should provide DigitalBrisbane or BM with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.You agree that you shall not select or use as a URL a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account.  DigitalBrisbane or BM reserves the right to refuse registration of, cancel, or modify a URL in its sole discretion.You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify DigitalBrisbane or BM immediately of any actual or suspected loss, theft, or unauthorised use of your Account or Account password.
    5. Content and Contributions to the blogDefinitions For purposes of these terms and conditions the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services;Content posted to DigitalBrisbane.com.au
      When posting comments to the DigitalBrisbane blog, you must make sure:
      Your comments are relevant or on-topic
      Your comments are not inflammatory, unreasonable or obscene
      You are civil and respectful of others and their opinions (including not impersonating anyone and not posting someone’s personal information without their permission)
      Your behaviour is in line with relevant laws.

      If DigitalBrisbane or BM becomes aware of content that does not comply with these terms and conditions, we reserve the right to remove it. All comments will be published immediately – after they have gone through some automated checks to detect spam and offensive language. Comments with many links in them may be automatically held for moderation (links being a major part of most comment spam). Comments being held in the system are manually checked by a moderator to determine if the comment should be published, edited or deleted. The same manual process is applied to a published comment found to have breached these terms and conditions. If a comment is edited, we will include a reference so you can tell.

      One of our key reasons for moderating is to prevent DigitalBrisbane from hosting spam comments.  Keep this in mind when you are commenting, as off-topic comments or short comments with links may be confused with spam and deleted.

      Our system includes a human verification step to deter spam bots: when you submit a comment, you are asked to include a user name and an email address.

      You warrant that any material you provide to the DigitalBrisbane blog does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.

      Your licence to BM and DigitalBrisbane
      You acknowledge and agree that your comments and the username that you include with your comment will be made publicly available.

      You agree that you hereby license any material that you supply or communicate to the DigitalBrisbane blog on this website (www.digitalbrisbane.com.au) under a Creative Commons Attribution –3.0 Australia license. More information on this CC BY license is set out at http://creativecommons.org/licenses/by/3.0/au/

      You consent to any act or omission by DigitalBrisbane or BM (including any individual or organisation engaged by DigitalBrisbane or BM) in relation to any of the material in which you are entitled to exercise moral rights and made available to DigitalBrisbane or BM via this DigitalBrisbane blog.  An act or omission includes failing to attribute the material, falsely attributing authorship of the material and any editing, deleting, amending of the material, as part of posting and moderating your comments on the DigitalBrisbane blog that may affect your right of integrity as the author of the material.  For the purpose of this term, material means work as defined by section 189 of the Copyright Act 1968 (Cth).

    6.  Privacy Please view the Brisbane Marketing Privacy Policy
    7. CopyrightBrisbane Marketing Pty Ltd (BM) owns or licenses all content on this website and we assert our right to be recognised as the author of original material on this website. BM supports the sharing of information and the use of the website content for the purposes of private study, research, criticism or review, as permitted under copyright legislation. However, you are not permitted to reproduce or reuse content on this website for commercial purposes.
    8. DisclaimerBrisbane Marketing Pty Ltd (BM) distributes the information on this website as a general reference source. This website contains links to other websites operated by organisations other than BM. The other websites are outside of BM’s control and links are provided for your convenience. Despite our best efforts, BM makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Brisbane Marketing Pty Ltd disclaims all responsibility and all liability (including through negligence) for all expenses, losses, damages and costs you might incur as a result of the information on this website or any linked website being inaccurate or incomplete.
    9. Exclusion of Liability and IndemnityYou are responsible for the Content of your comments.  DigitalBrisbane does not accept any liability for the Content or accuracy of your message or any liability in respect of any material submitted by users of DigitalBrisbane blog and published by DigitalBrisbane and BM.You agree to indemnity and hold harmless BM in full and permanently against any third party liability, claims, costs, expenses (including legal costs) loss or damage (including consequential loss) incurred by BM or DigitalBrisbane as a result of publishing any material you submit to us via the DigitalBrisbane blog.
    10. TerminationDigitalBrisbane or BM may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of these terms or conditions.  In particular, DigitalBrisbane or BM may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease.  All provisions of these terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and exclusion of liability.  Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to DigitalBrisbane or BM or any third party.
    11. Legal DisputesYou, DigitalBrisbane and BM agree that we will resolve any claim or controversy at law or equity that arises out of these terms and conditions or the Services in accordance with this Section or as you, DigitalBrisbane and BM otherwise agree in writing.  Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.Law and Forum for Legal Disputes: These terms and conditions are governed by the laws of the State of Queensland.  You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Brisbane, Queensland, except as otherwise agreed by the parties.  You agree to submit to the personal jurisdiction of the courts located within Queensland for the purpose of litigating all such claims or disputes.
    12. MiscellaneousThese terms and conditions, as modified from time to time, constitute the entire agreement between you, DigitalBrisbane and BM with respect to the use of the Site.  These terms and condition replace all prior or contemporaneous understandings or agreements, written or oral, regarding the use of the Site and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided in these terms and conditions will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions will otherwise remain in full force and effect and enforceable.These terms and conditions are not assignable, transferable, or sublicensable by you except with DigitalBrisbane’s or BM’s prior written consent.  DigitalBrisbane and BM may assign these terms and conditions in whole or in part at any time without your consent.  No agency, partnership, joint venture, or employment is created as a result of these terms and conditions and you do not have any authority of any kind to bind DigitalBrisbane and BM in any respect whatsoever.

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