Queensland Writers Centre requires you to read, accept and abide by these Terms and Conditions when accessing any area of this website (The Australian Writer’s Marketplace).
1. RELYING ON INFORMATION IN THE WEBSITE
This website (The Australian Writer’s Marketplace Online) is provided by Queensland Writers Centre as a general information source only.
Queensland Writers Centre makes no statements, representations, or warranties about the timeliness, accuracy, completeness or reliability of any part of the website and you should not rely solely on any information contained in the website.
The information is provided solely on the basis that readers will be responsible for making their own assessment of the matters discussed herein and are advised to verify all relevant representations, statements and information. Furthermore, you must use it at your own risk and obtain your own separate advice prior to making any further decisions.
Queensland Writers Centre disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way or otherwise misleading.
Where appropriate, Queensland Writers Centre uses available technology to protect the security of communications made through the website. However, Queensland Writers Centre does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the website.
Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, Queensland Writers Centre makes no warranties that the website is free of infection by computer viruses or other unauthorised software. Queensland Writers Centre will not be liable for any loss, damage, cost, or expense resulting from any breach of a security measure (including viruses or other unauthorised software).
3. LINKED SITES
Queensland Writers Centre is not responsible or liable for the availability or content of any other website (not provided by Queensland Writers Centre) linked to or from website. Access to any other website is at your own risk.
Queensland Writers Centre makes no warranty, express or implied, as to the accuracy or completeness of any information, which may be obtained by any person or any entity having access to any other internet site.
Queensland Writers Centre, its employees, servants or agents make no express or implied warranties of merchantability or fitness for a particular purpose or use with respect to any information, data, or software included in the website or that may be accessed through it.
Queensland Writers Centre disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.
4. INTELLECTUAL PROPERTY
Queensland Writers Centre materials, including source code, pages, documents and online graphics, audio and video are protected by copyright law. Copyright in Queensland Writers Centre materials resides with Queensland Writers Centre © 2006-2007). All rights reserved. The website also contains third-party materials that are protected by copyright.
Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of the website may be reproduced or reused for any commercial purposes whatsoever without the written permission of Queensland Writers Centre. The website also contains registered and unregistered trade marks of Queensland Writers Centre and third parties.
5. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
To the extent permitted by law, all implied terms (including conditions and warranties) are excluded. Queensland Writers Centre’s liability (including liability in negligence) for all expenses, losses, damages and costs you might incur in any way arising out of any breach or implied condition or warranty or otherwise in connection with your use of website will be limited, so far as permitted by law, to Queensland Writers Centre at its own option either supplying the relevant part of the website again or paying the cost of having the part of the website supplied again.
You agree to indemnify Queensland Writers Centre from any loss, expense, damage or claim (including legal costs on a full indemnity basis) arising out of your breach of these Terms and Conditions.
6. MEMBERSHIP OF THE AUSTRALIAN WRITER’S MARKETPLACE
6.1 Your Member Details
You warrant that all information provided by you in your membership registration or otherwise in connection with your use of The Australian Writer’s Marketplace is complete, current, accurate, and is not misleading, and that you will not misrepresent your identity. You agree that Queensland Writers Centre may rely on that information unless and until it receives notice from you of any change or update to the information provided by you. Any such varied information will be covered by this warranty.
6.2 Password Protection
You will choose a member password as part of completing the member registration process. Your member password is your key to accessing the members-only web services of The Australian Writer’s Marketplace and your account. You must maintain the confidentiality of your password and you are fully responsible for all activities that occur through use of your password.
You must: (a) exit The Australian Writer’s Marketplace as soon as you have finished your session by clicking the "Logout" option in the top left-hand corner of your The Australian Writer’s Marketplace home page; and (b) immediately notify Queensland Writers Centre of any suspected unauthorised use of your password.
You can change your password whenever you wish by using the "Change Password" option under “Members”.
6.3 The Australian Writer’s Marketplace Discussion Forum Rules
6.3.1 Posting or Transmitting Messages
As a member of The Australian Writer’s Marketplace, you are welcome to post or transmit messages and other materials ("Messages") via bulletin boards, chat room areas, community groups or blogs sections as and when provided by Queensland Writers Centre. You agree that The Australian Writer’s Marketplace communications are public and not private. In posting or transmitting Messages via The Australian Writer’s Marketplace, you agree to strictly limit yourself to discussions about the subject matter for which the communication channel is intended.
6.3.2 No Endorsement by Queensland Writers Centre
Queensland Writers Centre does not endorse and has no control over the content of Messages posted or transmitted via The Australian Writer’s Marketplace. You understand that all Messages posted or transmitted to The Australian Writer’s Marketplace are the sole responsibility of the person from whom such Messages originate. Queensland Writers Centre accepts no responsibility whatsoever in connection with or arising from Messages submitted to The Australian Writer’s Marketplace.
6.3.3 License to Queensland Writers Centre
You agree that Queensland Writers Centre has ultimate discretion to prevent members from posting or transmitting Messages via The Australian Writer’s Marketplace and to edit, restrict or remove such Messages for any reason at any time and without liability. You agree that all Messages submitted by you become perpetually licensed without fee to Queensland Writers Centre for it to use, copy, sublicense, adapt, transmit, distribute, assign, publicly perform, publish, display or delete as it sees fit.
6.3.4 Monitoring Messages
You acknowledge that Messages posted or submitted via The Australian Writer’s Marketplace are not necessarily screened by Queensland Writers Centre prior to posting or transmission and do not necessarily reflect the policies of Queensland Writers Centre. Queensland Writers Centre makes no warranties, express or implied, as to the content of these Messages on The Australian Writer’s Marketplace including as to the timeliness, integrity, accuracy, reliability or quality of those Messages.
You agree that you must evaluate and bear all risks associated with the use or reliance upon any Messages. If at any time you object to any material on The Australian Writer’s Marketplace or any aspects of The Australian Writer’s Marketplace Online, your sole remedy is to cease use.
If at any time Queensland Writers Centre elects (at its sole discretion) to monitor The Australian Writer’s Marketplace Messages Queensland Writers Centre nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of The Australian Writer’s Marketplace member posting or transmitting any Message.
6.3.5 Liability in Connection with The Australian Writer’s Marketplace Messages
You agree to indemnify Queensland Writers Centre from any loss, damage, claim, cost and expense (including legal costs on a full indemnity basis) suffered or incurred by Queensland Writers Centre arising from a claim by a third party in connection with or arising from your use of The Australian Writer’s Marketplace.
6.3.6 Prohibited Contents of Messages
You agree that you will not post or transmit Messages via The Australian Writer’s Marketplace that:
- are unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, constitute (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or are otherwise objectionable;
- infringe any copyright, trademark, patent, design, confidentiality or other intellectual property rights of any other person;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- are for purposes of spamming or obstructing the normal operation of The Australian Writer’s Marketplace or another user of The Australian Writer’s Marketplace's computer facilities;
- contain any virus or other harmful component;
- are an invasion of privacy or any other third party rights;
- are otherwise, within Queensland Writers Centre’s reasonable opinion, not within the spirit of The Australian Writer’s Marketplace communication channels.
7. APPLICABLE LAWS
Use of the website and these Terms and Conditions are governed by the laws of the State of Queensland, Australia. Any claim relating to use of the website shall be heard by Queensland Courts.
Queensland Writers Centre may, in its sole discretion, terminate these Terms and Conditions at any time with or without notice and for any reason, including circumstances where Queensland Writers Centre suspects that you have violated these Terms and Conditions.
Email correspondence sent to the website will be treated as a public record and will be retained as required by the Libraries and Archives Act 1988 (Qld) and other relevant regulations.
Email messages are monitored by Queensland Writers Centre web team for system troubleshooting and maintenance purposes.
Notices to you may be made via email. You agree that Queensland Writers Centre sends you an email in connection with this website, the message is deemed received by you when Queensland Writers Centre sends the message addressed to the email address you nominated.
10. GENERAL PROVISIONS
If any of these Terms and Conditions is determined to be unlawful, void or for any reason unenforceable, then that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of the remaining provisions. If there is any inconsistency between these Terms and Conditions and any other documentation included in the website, these Terms and Conditions prevail.
These Terms and Conditions, as they may be varied from time to time, constitute the entire agreement between Queensland Writers Centre and you with respect to your use of the website.
In these Terms and Conditions, a reference to Queensland Writers Centre includes their employees, officers, agents, and contractors from time to time.