Terms and Conditions of Use of Website
1. User content
- he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
- he or she controls all of the rights to that User Content and that it neither does nor will it infringe or violate the rights of any third party; and
- Swann bears no responsibility, legal or otherwise, for that User Content.
Swann cannot guarantee that User account settings will completely preclude User Content from being viewed or accessed by unintended third parties, and Swann will not be liable for such disclosures. Swann asks each User to exercise good judgment when he or she posts User Content to forums, community groups, or on other User pages, and refrain from posting sensitive material.
2. Limitation of Liability and Damages
A User acknowledges and agrees that under no circumstances, including, without limitation, negligence, will Swann, or its contractors, employees, agents, or third-party partners or suppliers, be liable to any User for any direct, indirect, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of a User’s personal information or location information; (b) a User’s ability or inability to use the Website; or (c) any other interactions with the Website or any other User of the Website, even if Swann has been advised of the possibility of such damages.
3. User acknowledgement
Swann is bound by, and complies with, the Privacy Principles (Principles) set out in the Privacy Act 1988 (Cth).
Collection of your personal information
There are many aspects of this Website which can be viewed without providing personal information, however in order to create a user profile and account, you are required to submit personally identifiable information. This may include but not be limited to a unique username and password, or the provision of personal information in the recovery of your lost password.
Sharing of your personal information
We may occasionally engage third parties to host this Website. Swann will take all reasonable steps to ensure that such third parties or other third parties we engage from time to time comply with the Principles. Those third parties may seek to contact you to inform you of goods and / or services which may be of interest to you but you may decline to be contacted and may opt out of receiving such information.
Use of your personal information
Swann collects information inclusive of but not limited to browser type, version and language, operating system, pages viewed while browsing this Website and Website page access times when you interact with this Website. This information is used solely internally for the purpose of gauging Website visitor traffic, trends and delivering personalised content to you while you are at this Website.
Accessing Your Personal Information
You have a right to access your personal information. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons.
5. Prohibited User Content
A User must not post User Content on the Website that:
- is offensive and /or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
- promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the posting or transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and / or sales without Swann’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
Swann reserves the right at all times to remove any content, or suspend or terminate any Users.
6. Ownership Rights in User Content
When a User posts or otherwise supplies User Content to the Website, or otherwise makes User Content available on or through the Website, he or she expressly grants Swann a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion of the Website.
Swann’s rights relative to User Content are however subject to the limitation that should Swann seek to make use of certain User Content for commercial or advertising purposes, Swann will secure the consent from that User for that specific purpose. A User retains full ownership of any and all of his or her User Content and any Intellectual property rights or other proprietary rights associated with that User Content.
7. Contact Swann
Swann will provide account support (“Support”) to a User via the following methods:
PO Box 14459
Melbourne, Victoria, 8001
8. Governing Law