In consideration of your access and use of the Websites, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any Joining forms on the Websites ("Joining Information"); (b) maintain the security of your password and identification; (c) notify us immediately if you suspect unauthorised use of your account or access to your password; (d) maintain and promptly update the Joining Information, and any other information you provide to heavenaddress, to ensure that it is accurate, current and complete; and (e) be fully responsible for all use of your account and for any actions that take place using your account.3. Your conduct
Prohibited activity includes, but is not limited to:
- restricting or interfering any other Curators from using or enjoying the Services or Websites;
- breaching or circumventing, or attempting to breach or circumvent, any security measures on the Websites (including 'hacking' those Websites) or attempting to obtain access to secure or Curator parts of the Websites without prior written authorisation from heavenaddress;
- using the Services or Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites;
- using automated scripts to collect information from or otherwise interact with the Services or the Websites;
- registering for more than one Curator account, registering for a Curator account on behalf of an individual other than yourself, or registering for a Curator account on behalf of any group or entity;
- impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
- soliciting personal information from anyone under 18 or solicit passwords or soliciting personal information for commercial or unlawful purposes;
- intimidating or harassing other Curators;
- covering or obscuring banner advertisements on your profile
- using or attempting to use another Curator's account, service or system without prior written authorisation from heavenaddress, or creating a false identity on the Services or the Websites;
- providing links to other websites, whether competitive with heavenaddress or otherwise;
- using the Services or the Websites for the purposes of conducting business or commercial activities;
- framing or linking to the Websites, without the prior written authorisation of heavenaddress; and
- collecting email addresses or other contact information of other Curators from the Services or the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You agree that heavenaddress prohibits and you agree not to access or use the Websites or Services to:
- provide any false, misleading or deceptive information;
- violate any law or regulation, or cause heavenaddress to violate any law or regulation;
- be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable in the opinion or heavenaddress;
- harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
- send unsolicited mail or email, make unsolicited phone calls, send unsolicited faxes, or advertise any products or services by making any unsolicited contact with users whose email, telephone, postal or other contact details you have obtained via the Websites;
- harvest or otherwise collect information about other users of the Websites for any purpose other than expressly authorised by heavenaddress;
- take any action that imposes an unreasonable or disproportionately large burden on the Websites' infrastructure; or
- deliberately distribute or execute any computer virus or any other program or code that disrupts or disables operations of the Websites.
Without limiting any of the foregoing, you agree and acknowledge that, except for advertising programs offered by us on the Websites, the Services and the Websites are available for your personal, non-commercial use only.
You are solely responsible for any material, communication, information (including your profile details), messages, files, notes, text, photos, music, videos, images, advertisements, listings, URLs and other content (together, 'Curator Content') that you upload, post, transmit, share, store or otherwise make available (hereinafter, 'post') on or through the Services or the Websites.
You represent and warrant that (a) you have all the necessary rights to post the Curator Content on the Services; (b) you will not post any illegal or prohibited Curator Content; and (c) the posting of your Curator Content on or through the Services will not infringe, violate or contravene any third party rights (including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights).
Prohibited Curator Content includes, but is not limited to, content:
- which is (or could reasonably be expected to be) offensive, threatening, unlawful, abusive, defamatory, harassing, vulgar, obscene, pornographic, profane, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or promotes conduct that would contravene any applicable law or regulations;
- of any kind which is not your original work, or which infringes (or could reasonably be expected to infringe) the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights;
- that involves unsolicited or unauthorised advertising, solicitations, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
- which you know (or reasonably ought to know) to be false, misleading or deceptive;
- of any kind which contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
- which, in the sole discretion of heavenaddress, is objectionable or interferes with any other person from using or enjoying the Websites, or which may expose heavenaddress or any Curators to any liability of any type;
- which you know (or reasonably ought to know) cannot be legally distributed to the public;
- which is being exploited for commercial purposes or which contains any promotional material or advertising; and
- of any kind from which any author attributions, legal notices or proprietary designations or labels have been deleted.
You agree and acknowledge that heavenaddress:
- may cooperate fully with any law enforcement authority and any other government authority in any jurisdiction in relation to your access to or use of the Websites or Services, including providing all information in relation to you and your access to or use of the Websites or Services to such law enforcement authorities and other government authorities.
By posting any Curator Content on the Services or the Websites, you grant to heavenaddress a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (including the right to sublicense any third party) to use, reproduce, redistribute, adapt, modify, create derivative works from, reformat, translate, transmit, publish and/or broadcast, publicly perform or display, such Curator Content for any purpose, commercial, or otherwise, on or in connection with the Services or the Websites or the promotion thereof.
Nothing in this section transfers any ownership rights in the Curator Content to heavenaddress. You will continue to retain all ownership rights and any other proprietary rights associated with your Curator Content, subject to any rights granted to heavenaddress under this section.5. Proprietary Rights in Website Content
All content on the Websites and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, including their selection and arrangement, but excluding any of your Curator Content ("Website Content"), is the proprietary property of heavenaddress, its Curators or its licensors and is protected by Australian and international intellectual property law.
You must not modify, copy, distribute, frame, upload to a third party, post, transmit, republish, display, or sell in any form or by any means any Website Content, whether in whole or in part, without heavenaddress's prior written approval.
You are granted a limited, revocable, non-sublicencable and non-exclusive licence to reproduce and display the Website Content solely for your personal, non-commercial use in connection with viewing and using the Websites and/or Services, provided that you keep all Website Content, copyright or other proprietary notices intact and in the same form as presented on the Websites.
You must not:
- copy, modify, adapt, resell or distribute any Curator Content;
- engage in any commercial use of Curator Content, unless such use is expressly approved in writing by heavenaddress;
- make any form of representation, including through linking or framing, that could mislead or deceive a person that Curator Content is from a source other than the Websites;
- make any use of or access to the Websites by any automatic tool, including 'spiders', 'crawlers', 'robots' or offline browsing tools without the prior consent of heavenaddress; or
- make any use of or any access to the Websites or the Services by any means contrary to the commercial interests of heavenaddress (eg to facilitate a means of encouraging users of the Website to use another website offering services similar to the Services).
If you believe that any work in which you own intellectual property rights appears on the Websites without your consent, you may notify us by email at [appropriate heavenaddress email] Such notice must provide details of the work, your intellectual property rights in the work, and where you allege the work appears on the Websites.6. Trademarks
,@heaven®, heaven® and other heavenaddress graphics, logos, designs, page headers, button icons, scripts and service names used on the Websites are the trademarks of heavenaddress or other third parties ('Trademarks'). Subject to the rights granted under this section, the Trademarks must not be used, including as part of a trademark and/or domain name in connection with any product or service in any manner that is likely to cause confusion, and may not be copied or used, in whole or in part, without the prior written consent of heavenaddress or the consent of the third party owner of the relevant Trademark.Upon registeration, Curators will be allocated with a unique identifiable @heavenaddress and granted a limited, revocable, non-sublicencable and non-exclusive licence to reproduce and display that @heavenaddress solely for personal, non-commercial use.
You agree and acknowledge that @heaven and any variation of the @heaven trademark remains the sole proprietary property of heavenaddress and must not be transferred to any third party or used for any commercial gain or purpose without the prior written consent from heavenaddress,
heavenaddress adopts a policy of terminating, in appropriate circumstances and at heavenaddress's sole discretion, Curators who are deemed to be repeat copyright infringers. heavenaddress may also at its sole discretion limit access to the Websites and/or terminate the Curatorships of any Curators who infringe any intellectual property rights of others, whether or not there is any repeat infringement.8. Third Party Websites and Content
The Websites may contain (or you may be sent through the Websites or the Services) links to other web sites ("Third Party Websites"). Such Third Party Websites are not under heavenaddress's control, and heavenaddress assumes no responsibility for any Third Party Website or content accessed through the Services or the Websites nor for investigating, monitoring or checking such websites or their content for accuracy, currency, appropriateness, or completeness.
Inclusion of or linking to any Third Party Website, or permitting any of the foregoing, does not imply any endorsement or approval of the website or link by heavenaddress. You agree to access any Third Party Websites from the Websites entirely at your own risk. You should also ensure that you review the terms and policies that govern your use and access to such Third Party Websites.9. Sharing Facility
heavenaddress provides a facility which allows Curators of the Websites to share with other Curators or post to their Curator profile, articles, photographs, text, graphics, designs, sound, video, information, applications, software and other content belonging to or originating from third parties ("Third Party Content"), and/or links to Third Party Websites through the Services ('Sharing Facility').
If the Sharing Link is a button which contains any trademarks, graphics, logos or other proprietary materials of heavenaddress, the Third Party Content Provider is granted permission to use such trademarks, images or other materials solely for the purpose of placing a Sharing Link on its website and solely in the form approved and provided by heavenaddress. If the Sharing Link is a text link, it must include the word 'heavenaddress' as part of the text in that link. heavenaddress reserves the right to revoke any rights granted under this section at any time without cause and in its absolute discretion. Upon revocation of such rights, the Third Party Content Provider agrees to immediately remove all Sharing Links from its websites.
Upon inclusion of a Sharing Link, the Third Party Content Provider agrees to indemnify and hold heavenaddress, its affiliates and related bodies corporate, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with such Sharing Links, any links, content or other material which may be shared or posted through such Sharing Links, or any breach of the representations and warranties made under this section.
By placing a Sharing Link on its websites, the Third Party Content Provider automatically grants heavenaddress a perpetual, royalty-free, transferable, non-exclusive, irrevocable, worldwide licence (including the right to sublicense) to use the Sharing Facility for the purpose of using, copying, publishing, reformatting, publicly performing or displaying, translating, transmitting, excerpting (whether in whole or part), summarising or redistributing the content, links and other material on any websites which the Third Party Content Provider has placed the Sharing Link. The Third Content Provider warrants that it has all the necessary rights to grant the licence in accordance with this section.11. Curator Disputes
You are solely responsible for your interactions with other heavenaddress Curators. You agree that heavenaddress will not be responsible for any loss or damage incurred as a result of any such interactions with respect to other Curators' use or disclosure of your personal identifiable information.
If there is a dispute between you and any third party (including any Curator), heavenaddress is under no obligation to become involved, however, reserves the right to monitor disputes between you and other Curators of the Services.12. Privacy
Subject to any rights conferred by any applicable statute that cannot be excluded, restricted or modified ('Non-excludable Rights'), heavenaddress excludes all conditions and warranties implied by custom, law or statute.
Except as provided for by any Non-excludable Rights:
- the Services, Websites and Website Content is provided 'as is' and without warranties of any kind, either express or implied;
- heavenaddress and its affiliates expressly disclaim any and all representations or warranties of any kind, either express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement;
- heavenaddress does not warrant that the features contained in any Website, Curator Content or your access to the Websites will be uninterrupted, timely, reliable, current, secure, or error-free, nor that any defects will be corrected or that the Services or server which stores and transmits content to you are free of viruses or any other harmful components;
- heavenaddress does not warrant or guarantee the accuracy, adequacy or completeness of any information or content on the Services or Websites nor any specific results from your access or use of the Services, the Websites or any features of the foregoing;
- heavenaddress does not assume any obligation to monitor the activities of Curators on the Websites or the Services;
- reference to any products, services or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation with heavenaddress;
- under no circumstances will heavenaddress be responsible or liable for any loss or damage, including any loss or damage to any Curator Content or personal injury or death, resulting from any person's use of the Websites or the Services, any Curator Content or Third Party Content posted on or accessed through the Websites or the Services, or any interactions between Curators of the Websites; and you acknowledge and agree that you obtain content, material, information or applications from or through the Services or Websites at your own risk and that you are solely responsible for your use of such items and any damage, loss or other harm of any kind that may result from such use or reliance.
heavenaddress reserves the right to modify or remove any and all content, material, information or applications and other items used or contained in the Websites and any Services offered through the Websites at any time without prior notice.14. Limitation of Liability
Except for liability under any Non-excludable Rights, under no circumstances will heavenaddress or its affiliates be liable (however arising whether in contract, negligence of heavenaddress, its affiliates, officers, directors, employees or agents, under statute or otherwise) for any losses, damages, costs or expenses whatsoever which result from any use or access of, or any inability to use or access, the Websites or the Services, or any content, material, information or applications on or accessed through the Websites or Services (including Curator Content and Third Party Content and Websites), even if heavenaddress has been advised of the possibility of such damages or that such damages were foreseeable.
You acknowledge and agree that heavenaddress has limited or no control over Curators of the Services or the Websites and is neither liable for any Curator's conduct, whether online or offline, nor for any content, material, information or applications on or accessed through the Websites or Services (including Curator Content and Third Party Content and Websites), whether posted or caused by Curators, heavenaddress, third parties or any other program associated with the Websites or the Services, including any content which may be offensive, inappropriate, defamatory, obscene, unlawful or otherwise objectionable.
To the fullest extent permitted by law, heavenaddress's liability for breach of any Non-excludable Rights is limited at the option of heavenaddress to one or more of the following:
- in the case of services, (a) the supply of the services again, or (b) payment of the cost of having the services supplied again; and
- in the case of goods, (a) the replacement of the goods or supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacement the goods or of acquiring equivalent goods, or (d) payment of having the goods repaired.
You may terminate your Curatorship at any time, for any reason, by giving written or email notice to heavenaddress.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.17. Indemnity