Terms and Conditions

Introduction

WTFN Entertainment Pty Ltd (ABN 84 393 760 027) (‘WTFN’) and Australian Teachers of Media Vic Inc (ABN 84 393 760 027) (‘ATOM Victoria’) own and operate this website, jamieduriesgroundswell.com (‘Website’).

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (collectively referred to as ‘Terms and Conditions’).

The Terms and Conditions govern the use of this Website.

WTFN and ATOM Victoria reserve the right to amend these Terms and Conditions at any time without notice. You are therefore encouraged to check this document regularly.

Applicable Law

The Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

WTFN and ATOM Victoria makes no representation that the content of this Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Sites, Content and Advertisements

WTFN and ATOM Victoria assume no responsibility and accept no liability for the condition or content of third-party websites that may be linked to or accessed from the Website. Except as WTFN and ATOM Victoria may specifically direct otherwise, WTFN and ATOM Victoria do not authorise the content of those third party websites. The Website may also contain third-party advertisements or other content that contains embedded hyperlinks to external websites operated by third parties. The placement of third-party advertisements or content on the Website does not necessarily constitute the recommendation or endorsement of WTFN and ATOM Victoria for such goods or services, or content. The third-party advertiser or content provider is solely responsible to you for any representations or offers made by it, and for any goods or services that you agree to purchase from those third parties.

Intellectual Property & Restrictions on Use of Content

The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright-protected works, which are owned by WTFN and ATOM Victoria, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or in these Terms and Conditions, you must not copy or adapt any of the contents of the Website, or incorporate any part of the Website into another website without the express consent of WTFN and ATOM Victoria.

Competitions and Promotions

You agree that you are fully responsible for any materials you submit via the Website including but not limited to photographs, videos and forum messages (‘Content’). WTFN and ATOM Victoria shall not be liable in any way for such Content to the full extent permitted by law. WTFN and ATOM Victoria may remove or decline to publish any Content without notice for any reason whatsoever. You warrant and agree that:

  1. you will not submit any Content that is unlawful or fraudulent; that WTFN and ATOM Victoria may deem in breach of any intellectual property, privacy, publicity or other rights; defamatory;, obscene; derogatory; pornographic; sexually inappropriate; violent; abusive; harassing; threatening; objectionable with respect to race, religion, origin or gender; not suitable for children; or otherwise unsuitable for publication;
  2. your Content shall not contain viruses or cause injury or harm to any person or entity;
  3. you will obtain prior consent from any person, or from the parent(s)/guardian(s) of any children or owner(s) of any pets or property, that appear in your Content;
  4. your Content is your original work and does not infringe the rights of any third party;
  5. you consent to any use of your Content which may otherwise infringe your moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that you have the full authority to grant these rights; and
  6. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, you agree to indemnify WTFN and ATOM Victoria for any breach of the above terms.

As a condition of using this Website and submitting any Content, you grant WTFN and ATOM Victoria, their affiliates, and sub-licensees and preferred partners a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display your Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

You consent to WTFN and ATOM Victoria, its affiliates, sub-licensees and preferred partners using your name, likeness, image and/or voice in the event you submit Content that contains the same, throughout the world, in any media for an unlimited period without remuneration for the purpose of promoting this Website, WTFN and ATOM Victoria.

Disclaimer and Liability

The Website is provided on an ‘as is’ basis. While WTFN and ATOM Victoria have used their best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, WTFN and ATOM Victoria do not accept responsibility for any error, omission or defect in the information.

In respect of any forums in which any veterinary advice may be sought, WTFN and ATOM Victoria make no warranties expressed or implied with respect to such material unless specifically stated, and the opinions expressed therein are not to be regarded as representing the official opinion of WTFN and ATOM Victoria.

To the fullest extent permissible by law, WTFN and ATOM Victoria, its affiliated companies and their respective directors, employees, agents and contractors:

  1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and
  2. Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server, which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms and Conditions limits, excludes or modifies – or purports to limit, exclude or modify – the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (‘Non-Excludable Guarantees’). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including but not limited to any act or omission on the part of WTFN and ATOM Victoria, its affiliated companies or their respective directors, employees, agents and contractors) will WTFN and ATOM Victoria, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.

Indemnity

You agree to indemnify and keep indemnified WTFN and ATOM Victoria, its affiliated companies and their officers, employees, agents and contractors (‘those indemnified’) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of the Website) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Termination and Cancellation

WTFN and ATOM Victoria reserve the right in their sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, WTFN and ATOM Victoria will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on the liability of WTFN and ATOM Victoria will survive such termination.