Just Be Magazine
www.justbemagazine.com – Conditions of Use
The Conditions govern your use of and access to the Site
This site does not necessarily represent the views of Bonza Spice or Reed Pacific Inc.
It is important to us that you understand the Conditions. If you have any questions, please contact us at info@bonzaspice.com.au
We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Site. Your subsequent or continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Site.
These terms and conditions of use were last updated on 16/06/10
The Site
While we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that your access will be uninterrupted or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Subject to the Conditions, we reserve the right to change or discontinue any feature or service on the Site at any time.
Subject to the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the Site at any time without providing notice to you.
Your conduct
You must not:
(a) use the Site in breach of any applicable laws or regulations;
(b) use the Site (or information obtained from the Site) to:
- transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
- impersonate any person or entity;
- solicit money, passwords or personal information from any person; or
- harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) use the Site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- contains, promotes, or provides information about unlawful activities or conduct;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- exploits another person in any manner;
- contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless you have that person’s or those persons’ consent;
- poses or creates a privacy or security risk to any person;
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- large amounts of untargeted, unwanted or repetitive content;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
- contains financial, legal, medical or other professional advice;
(d) interfere with, disrupt, or create an undue burden on the Site;
(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Site;
(f) use the Site with the assistance of any automated scripting tool or software;
(g) “frame” or “mirror” any part of the Site without our prior written authorisation;
(h) use code or other devices containing any reference to the Site to direct other persons to any other web page;
(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or
(j) delete any attributions or legal or proprietary notices on the Site.
By uploading, transmitting, posting or otherwise making available any Material via the Site, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form or on any medium and for any purpose;
(b) also grant each user of the Site a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material for any purpose subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
- review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
- monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
We accept no liability with respect to any Material uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Site simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
If you think that the Site has been accessed or used by another user in breach of the Conditions, please email us at info@bonzaspice.com.au. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights to and which you believe has been infringed, identify how each copyright protected work has been or is being infringed, include a positive statement to the effect that you in good faith believe that your copyright has or is being infringed, and include your contact information. You will need to sign the notice and send it to Level 13, Gold Fields House, 1 Alfred Street, Sydney, NSW, Australia, 2000.
Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Site.
The Site contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may only reproduce and display the Material on the Site for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on the Site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on the Site should be construed as granting any right of use in relation to any logo, masthead or trademark displayed on the Site without the express written consent of the relevant owner.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on the Site. Such websites do not form part of the Site and are not under our control. We do not accept any responsibility for the contents of any such website. You leave the Site entirely at your own risk.
You must not link to the Site from any other website (or otherwise authorise any other person to link from a third party website to the Site) without our prior written consent.
The Site may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on the Site, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
Disclaimer
You use the Site at your sole risk.
Except where expressly provided otherwise, information on the Site is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the Site will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We do not make any representation or warranty that your access to the Site will be uninterrupted, timely or secure. We will not be liable for loss resulting from any action or decision by you in reliance on the information on Reed Pacific Inc, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Site in any circumstance. In particular, you acknowledge that we accept no responsibility for Material that is posted or transmitted via the Site by other users.
Limitation of liability
To the extent permitted by law, we exclude all conditions and warranties that relating to your use of the Site that are not expressly set out in these terms and conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost of having the goods repaired.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity) of whatever nature howsoever arising.
For any goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you in respect of those goods or services.
Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Site, including any breach by you of the Conditions.
Severability
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using the Site, you affirm that you 18 years or over or otherwise possess legal parental or guardian consent.
Definitions
In these terms and conditions:
“Conditions” means these terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Site.
“Material” means text, illustrations, photos, audio, video or other material.
“Us”, “we” or “our” means Reed Pacific Inc.
“Site” means justbemagazine.com
