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Terms and Conditions of Use

UPLOAD TERMS

By uploading material to this website you agree:

What kind of material may you upload?

You may upload any material that you think is appropriate, providing that you have the right to upload it on these terms for use on the download terms, and that it:

(a) does not contain any virus, trojan horse, worm, macro virus or code designed to damage or disrupt;

(b) is not defamatory, does not victimise and is not derogatory to any person, gender, sexual orientation, race, nationality, society or culture, or promote hatred or illegal discrimination;

(c) is not likely to prejudice the conduct or outcome of proceedings which are pending in any Australian jurisdiction, is not in breach of any suppression order and is not in breach of any statutory prohibition on publication concerning the identity of persons who are or were involved in proceedings before an Australian court

(d) is not obscene or offensive, and does not promote pornography or adult oriented or dating services; and

(e) complies with applicable law and is not illegal or fraudulent.

We (the administrators and owners of digtree.org.au and the Uniting Church in Australia) may reject or remove your material, or any part of it, at any time if we consider that it is inappropriate, but we do not take any responsibility for reviewing any of the material uploaded to ensure that it complies with any or all of the above terms.

What rights do you give in relation to your material?

You give all visitors to this website:

(a) a non-exclusive, free licence to print, reproduce, adapt, download, communicate to the public, perform publicly, distribute and use any material you upload to this website (your material), for any non-commercial and non profit purpose on the download terms.

(b) your consent to all acts or omissions you permit under these upload terms and download terms which would otherwise infringe your moral rights in relation to material that you originally created.

May you seek payment for use of your material through this website?

You must not seek payment from us or any users of the website for any acts or omissions that you permit under these upload terms and download terms.

What protection do you give to us in relation to your material?

(a) You warrant that:

(1) you have the right to upload your material for use on the download terms;

(2) if you did not originally create your material, the creator has consented to acts and omissions that you permit under these upload terms and download terms which would otherwise infringe those persons’
moral rights; and

(3) no creator or person who has rights in relation to your material will make any claims against us or any users of the website in relation to acts and omissions that you permit under these upload terms and download terms.

What rights do we have in relation to your material?

(a) We may mirror the content of this website on another site. If you upload material to a mirrored site, these terms still apply to you and your material.

(b) We are not obliged to enforce the download terms.

(c) We may print, reproduce, adapt, download, upload, communicate to the public, publicly perform, distribute or use your material for any purpose related to the Dig Tree Project, - a project that aims to help the church develop and use multi-media in an emerging culture, or this website - including for promotional purposes or in a commercial manner to raise income for the Dig Tree project.

Which laws apply?

These upload terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

DOWNLOAD TERMS

By downloading material from this website you agree that:

What may you do in relation to downloaded material?

You may print, reproduce, adapt, download, communicate to the public, perform publicly, distribute or otherwise use the downloaded material for any non-commercial, non-profit use provided that you comply with these download terms. You must reproduce any copyright notice, digital rights management information and attribution of authorship in, associated with or attached to the downloaded material.

What must you not do in relation to downloaded material?

You must not:

(a) print, reproduce, adapt, download, communicate to the public, perform publicly, distribute or use for
commercial purpose or profit any downloaded materials without permission from the owner of the rights in the downloaded material;

(b) use any downloaded material

(1) in a way which is defamatory, or which victimises or is derogatory to any person, gender, sexual orientation, race, nationality, society or culture, or promotes hatred or illegal discrimination;

(2) in a way which is likely to prejudice the conduct or outcome of proceedings which are pending in any Australian jurisdiction, or which breaches any suppression order or statutory prohibition on publication concerning the identity of persons who are or were involved in proceedings before an Australian court;

(3) in a way which is obscene or offensive, promotes pornography or adult oriented or dating services; or

(4) for an illegal or fraudulent purpose.

Who takes the risk for use of downloaded material?

(a) You use downloaded material at your own risk. To the extent we may at law, we (the Uniting Church in Australia and the administrators and owners of the digtree.org.au website) exclude all warranties and representations about the material we make available for download on this website. We particularly exclude any warranties or representations that any such material is accurate, current and reliable, suitable for any purpose and does not infringe the intellectual property rights of any person anywhere in the world.

(b) To the extent at law we cannot exclude warranties or conditions implied at law but we may limit our liability, our individual liability is limited to providing the material that we made available on this website, or replacement material of our own selection, again. We are otherwise not liable for any direct, indirect, or consequential damage or loss caused by use or reliance on downloaded material.

(c) We are not responsible for any material on linked websites. The links do not mean that we are affiliated with, endorse or approve of those websites or any persons with whom they are associated.

What should you do if you think material is inappropriate?

If you think that any material on our website is inappropriate please contact the digtree.org.au coordinator using the webform available on the website. If we agree, we may remove it. Examples include material that:

(a) contains any virus, trojan horse, worm, macro virus or code designed to damage or disrupt;

(b) is defamatory, victimises or is derogatory to any person, gender, sexual orientation, race, nationality, society or culture, or promotes hatred or illegal discrimination;

(c) may prejudice the conduct or outcome of proceedings which are pending in any Australian jurisdiction, or which may breach a suppression order or statutory prohibition on publication concerning the identity of persons who are or were involved in proceedings before an Australian court

(d) is obscene or offensive, promotes pornography or adult oriented or dating services; or

(e) does not comply with applicable law or is illegal or fraudulent.

Which laws apply?

These download terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia


VERSION: 1
RELEASE: 3
DATE: 12 July 2006