CONTENT AND USER SUBMISSIONS RULES
The terms and conditions herein stated (“Content and User Submission Rules”) are incorporated into, form part of and are subject to the Terms of Use (click here to view). Your use of the Website and any User Submissions remain subject to the Terms of Use. Any term not defined herein shall have the same meaning as that ascribed to it in the Terms of Use (click here to view), unless otherwise expressly provided or the context otherwise requires. |
1. |
CONTENT AND USER SUBMISSIONS |
||||||||||||||||||||||
1.1 |
The Website may now or in the future permit the submission of information, data, text, articles, photographs, images, graphics, videos, postings, other types of written or visual works (including but not limited to comments, remarks and private messages) and/or other communications in any format or media submitted by you and other users (collectively, the "User Submissions") for the purpose of posting, hosting, sharing, broadcast, transmission, reproduction, adaptation, publication and/or other usage of such User Submissions. You understand that whether or not such User Submissions are used, we do not guarantee any confidentiality, publication or non-infringement with respect to such User Submissions. |
||||||||||||||||||||||
1.2 |
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
|
||||||||||||||||||||||
1.3 |
In connection with User Submissions, you further agree that you will not:
|
||||||||||||||||||||||
1.4 |
You are solely responsible for the Content that you submit, upload, post, transmit, or otherwise make available on the Website and for your interactions with other users. |
||||||||||||||||||||||
1.5 |
You recognise, acknowledge and agree that we have little or no control over much of the User Submissions, that such Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions, beliefs or views. We make no warranties, express or implied, as to such Content or to the accuracy and reliability of the Content or any material or information that you submit, upload, post, transmit or otherwise make available to users. We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Submissions. |
||||||||||||||||||||||
1.6 |
We expressly reserve for ourselves and any party we may choose to designate, the right to delete any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person, and to reject, refuse to post or remove any Content and/or User Submissions at our sole discretion at any time, with or without cause, with or without prior notice and without any liability. We may also restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) or terminate a user's access to the Website at any time, with or without cause, with or without prior notice. We also expressly reserve the right to terminate and remove the account/profile of any user if we determine in our sole discretion that the user has uploaded, posted, transmitted, made available or is intending to upload, post, transmit, or otherwise make available Content that infringes this Agreement. If you are or become aware of any misuse of the Website by any user, please notify us immediately. |
||||||||||||||||||||||
1.7 |
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you are an intellectual property rights owner or an agent thereof and believe that any User Submission or other Content infringes upon your rights, please notify us immediately using the procedure set out in Clause 2. |
||||||||||||||||||||||
1.8 |
You understand that when accessing and using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not and cannot be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us (and/or our related entities) with respect thereto, and agree to indemnify and hold us (and/or our related entities), and our directors, officers, employees, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. |
||||||||||||||||||||||
1.9 |
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you understand, acknowledge and agree that you rely on any Content created by us or submitted to us, including all materials and information in User Submissions (including the postings and publishing thereof), discussion forums, image, photograph and video sharing sections and all other parts of the Website at your own risk. |
||||||||||||||||||||||
1.10 |
We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of us and the users. |
2. |
REMOVAL OF USER SUBMISSIONS |
||||||||||
2.1 |
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyright or other intellectual property rights, you may submit a notification providing us with the following information in writing:
|
||||||||||
2.2 |
Upon receipt of the abovementioned specified information, we will use reasonable endeavours to also notify the user concerned of the alleged infringement and provide the user with a copy of your notification. We will take such other appropriate measures as we think fit including but not limited to contacting you for more information to verify any alleged infringement, removing such allegedly infringing User Submissions and/or suspending or terminating the access to the Website by any user allegedly infringing any rights. |
||||||||||
2.3 |
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the requisite authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to submit, upload, post, transmit or otherwise use or make available the content in your User Submission, you may submit a counter-notification providing us with the following information in writing:
|
||||||||||
2.4 |
If we receive a counter-notification, we will provide the original complaining party a copy of the counter-notification informing that party that the removed content may be replaced, or access to it restored, if technically and practically feasible to do so, within ten (10) to fourteen (14) working days after receipt of the counter-notification, at our sole discretion, unless the copyright owner files an action seeking a court order against the content provider, member or user. |
||||||||||
