Terms and Conditions
‘Creative Support’ website
- the terms and conditions set out below
- the expression “the State” means the State of Queensland (including the Department of Education and Training)
- the expression “Department of Education and Training” means the Queensland Department of Education and Training
1.1 The "Creative Support Website" [www.creativesupport.org.au] is owned by the State of Queensland and operated by the Department of Education and Training.
2 Your use of the Creative Support Website
User Account Information
2.2 You may be required to create an account (“User Account”) before you can access certain parts of the Creative Support Website, or submit User Content (defined in 2.3 below). You are only permitted to create a User Account if you are aged 18 years or over and if you are aged under 18 under parental supervision.
You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. The State reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone submitting User Content which violates any law or is the subject of investigation relating to the possible violation of any law.
Intellectual Property in your User Content, and the licence which you grant
2.3 By submitting any information, concepts or other materials, including but not limited to images, videos, stories, recordings and/or comments (collectively, the “User Content”) whilst visiting the Creative Support Website, you automatically grant to the State, its affiliates and sub-licensees a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, transferable right and licence to do any act comprised in the copyright or other intellectual property rights in the User Content and to use the User Content in any manner and in all media (whether now known or later devised) throughout the world in perpetuity, without compensation, restriction on use, attribution or liability. This includes the right to edit, adapt, modify, change, add to, detract from, reproduce, distribute, communicate to the public (online, by email, or otherwise), publish, prepare derivative works of, display and perform the User Content in public, to use the User Content for any purpose, including but not limited to commercial purposes, and to authorise any other person to do any of those things. You agree that the User Content is, and will be, treated by the State as non-confidential. You warrant that you have the full authority to grant these rights.
2.4 You accept full responsibility for obtaining legal advice to ensure that in submitting User Content, your intellectual property rights are not lost or diminished. (This is for your own protection.) The State does not warrant that any User Content you submit will be protected against loss, misuse or alteration by third parties. In particular, the State does not warrant that you will not suffer loss or diminution of any intellectual property rights you currently own or may be able to obtain in relation to any User Content that you submit.
2.6 You and the State agree that the copyright in the User Content which you yourself create and submit to the Creative Support Website will be owned by you (subject to the rights of any third party), and will not vest in the State solely as a result of the publication of that User Content on the Creative Support Website and the operation of section 177 of the Copyright Act 1968 (Cth).
2.7 If you have any moral rights (or similar rights) in respect of User Content that you submit, you consent to the State and all other persons using the User Content from time to time in any way it wishes or they wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution. Immediately on such moral rights beginning to exist, you waive those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Content that you submit, you must ensure that they agree to the above (in respect of their moral rights) before you submit the User Content.
Access to and publication of your User Content
2.8 User Content that you submit may be made available on the Creative Support Website or any other website whatsoever. In addition, the State may enable or allow the users of third-party websites to access or view your User Content by linking either directly or indirectly to your User Content through the Creative Support Website (or some other website), for example by way of embedded links to your User Content being made available for upload onto third-party websites. Any use of the User Content by the State (on the Creative Support Website or otherwise) will be decided by the State in its sole discretion and the State is under no obligation to use User Content submitted by you in any way.
Responsibility for your User Content
2.9 You agree that you are fully responsible for the User Content you submit. To the full extent permitted by law, the State, excludes all responsibility and liability which may arise from the posting or transmission of any unlawful information or User Content submitted by you (even if moderated or edited by the Department of Education and Training). To the full extent permitted by law, the State excludes all liability (arising in any way) for such Content. You agree that you shall be solely responsible for your own User Content and the consequences of publicly posting, uploading or publishing it through the Creative Support Website (even if the content has been moderated or edited by the Department of Education and Training).
Obligations about User Content and using the website
2.10 You warrant and agree that:
b. you will not submit any User Content:
(i) that is subject of ongoing legal investigation or ongoing legal proceedings
(ii) that is, or that includes any language, information or other content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive
(iii) that is, or that the Department of Education and Training may deem to be:
A. in breach of any intellectual property rights, privacy, publicity or other rights, or that discloses the confidential information of others
B. defamatory, libelous, indecent, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, insulting, harassing, threatening, provocative, hateful (whether towards a certain group of people or otherwise), or discriminatory
C. inciting hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;
D. objectionable with respect to race, religion, origin or gender
E. not suitable for children aged under 15
F. otherwise inappropriate or unsuitable for publication.
(iv) that is not directly related to the specific industry
(v) that contains any commercial advertising material or links to any commercial advertising material
(vi) that contains any links to, or internet addresses for commercial or private websites, or any email addresses other than your own
(vii) that includes any personal information other than your own (such as names, private addresses or phone numbers) of yourself or any other person or groups.
c. you will obtain prior consent from any living person or entity whose image or identifying description may appear in your User Content, and you will also obtain prior written consent in relation to any personal information of third parties being disclosed on the site
d. your User Content shall not contain viruses or cause injury or harm to any person or entity
e. in creating your User Account, submitting User Content, or using the Creative Support Website, you will not:
(i) impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious
(ii) abuse, stalk, harass, threaten or otherwise violate the legal rights of others.
f. you will not send multiple copies or versions of your contribution to the Creative Support Website other than as reasonably necessary in the course of normal use of the website
g. without limiting the generality of the above, you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
2.11 You warrant and agree that in using the Creative Support Website, you:
a. will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the website
b. will not tamper with other persons' access to the website or commit unauthorised intrusion into any part of the website, including computers, files, accounts, networks and equipment
c. will not attempt to bypass the network firewall
d. will not use any part of the website for which you are not authorised, or devise ways to circumvent security in order to access part of the website for which you are not authorised. This includes but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not
e. will not attempt to misuse the website. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, intentional invasion of privacy
f. will not data mine or conduct automated searches of the website
g. will not frame or mirror this website
h. will not include links to this website (other than to the home page) from any other website except where this website indicates that it is acceptable to do so.
Copyright in the website, and how you can use material, etc on the website
2.12 You acknowledge that unless otherwise indicated by the State, and with the exception of User Content, the State claims that it owns, or is licensed to reproduce all copyright in the Creative Support Website and in the information and materials contained in the Creative Support Website (including but not limited to any text, images, audio, or video, software, HTML code), together with any trade mark/s, logo/s, icons, and/or any other material in or on the website in which intellectual property right/s are capable of subsisting.
2.13 You agree that apart from any material in which you own copyright, you will not do any of the following things with the Creative Support Website or any portion thereof (whether or not including User Content), regardless of whether doing the thing would infringe copyright or not:
a. reproduce, duplicate, copy, adapt or modify it, perform it in public or communicate it to the public (whether online, by email, or in any other way), other than providing links to stories on this website
b. sell or otherwise exploit it for any commercial purpose
c. include it as part of any product or service that you create or distribute
d. copy it onto your or anyone else's World Wide Website
e. publish it any way
f. infringe moral rights in it
g. authorise any person to do any of those things, without the express prior written consent of the State or other relevant copyright owner or moral rights owner (as the case may require).
2.14 You may reproduce, or provide a link to, User Content contained on the Creative Support website for personal non-commercial home use on condition that you:
a. do not modify it
b. do not make or sell copies of it for commercial gain
c. do not include it as part of any product or service that you create or distribute
d. do not copy it onto your or anyone else's World Wide Website
e. do not publish it any way
f. do not infringe moral rights in it.
2.15 You may access User Content submitted by other users on the Creative Support Website solely:
a. for non-commercial personal purposes
b. as intended through the normal functionality of the Creative Support Website.
You agree that you will not use the Creative Support Website, or use or collect any information from the website to:
(i) to invade the personal privacy of any other person or groups
(ii) to conduct any illegal activity or solicit the performance of any illegal activity
Indemnity which you give
2.17 You also agree to indemnify the State, its officers, employees, contractors and agents, against any loss, liability, claim, demand, damage or expense (including legal fees) asserted by any third party directly or indirectly out of or in connection with:
a. your use of the Creative Support Website or any linked website
b. your use of or reliance on information contained or accessed through the Creative Support Website
Department of Education and Training discretion
2.18 While the Department of Education and Training reserves the right to monitor transmissions to the Creative Support Website, it is under no obligation to do so (apart from any obligation which may be imposed by operation of law and which is not able to be excluded). The Department of Education and Training reserves the right, at any time, for any or no reason, in its absolute discretion:
a. to edit, to refuse to publish, or to remove any User Content
b. to refuse to approve, or to terminate any User Account.
3 Exclusion or warranties, liability, etc
Exclusion of warranties
3.1 The Creative Support Website is provided on an 'AS IS' and 'AS AVAILABLE' basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.
3.2 To the maximum extent permitted by law, the State exclude, and do not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:
a. any material and/or information on the Creative Support Website
b. the performance of the Creative Support Website
c. the accuracy or currency of any User Content.
3.3 You acknowledge that neither the State can confirm the identity of persons contributing to the Creative Support Website and cannot prevent users or contributors acting under false pretences. You must make your own inquiries and seek independent advice before acting or relying on any information or material which appears on the website.
3.4 You obtain access to the Creative Support Website at your own risk and the State accept no responsibility for any interference, loss, damage or disruption to your own computer system which arises in connection with your use of the website or any linked website. You must take your own precautions to ensure that the process which you employ to obtain access to the web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
3.5 Any User Content placed on the Creative Support Website is not to be taken as implying an endorsement or approval by the State of that User Content or the activities of any organisation or entity.
Exclusion of liability
3.6 The State does not accept any liability for the accuracy or content of any material contributed to the web site by other users.
3.7 To the maximum extent permitted by law, the State exclude all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
a. the use of, reliance on, or action taken as a result of, any information or material on the Creative Support Website, for business decisions or otherwise, whether such information or material is posted by another user (including the State’s officers, employees, contractors or agents whether in the course of their employment or otherwise) or otherwise
b. accessing and using the Creative Support Website and/or participating in any on-line activities contained therein
c. any interruption, suspension or termination of the Creative Support Website in whole or in part (including but not limited to User Content) for whatever reason
d. any decision to remove User Content and/or terminate any User Account.
Release from claims, etc
3.8 You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, your access to or use of the Creative Support Website, including but not limited to downloading any materials in or from the website, or submitting or accessing any User Content.
3.9 You release and indemnify the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, from and against any liability for any loss or damage, however caused (including through negligence), which you or any other person may directly or indirectly suffer arising directly or indirectly out of or in connection with:
a. your use of the Creative Support Website or any linked web site
b. your use of or reliance on information contained or accessed through the Creative Support Website
c. a breach of the terms and conditions of use for the Creative Support Website by any person; or
d. the use by any other person of the Creative Support Website or information obtained from the website.
Software viruses, etc
3.10 Without limiting the above the State warrant that the Creative Support Website, or the server on which the Creative Support Website is hosted, is free of software viruses or defects. Accordingly, the State exclude to the maximum extent possible any liability for any loss suffered as a result of any such viruses or defects.
Exclusion of liability – scope
3.11 The Department of Education and Training' exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the Department of Education and Training have been notified of the possibility of such loss or damage.
Your contribution to loss
3.12 You agree that any legal liability on the part of the State will be reduced by the extent, if any, to which you contributed to the loss.
Non-excludable liability (if any)
4 Third party websites
4.1 From time to time, the Creative Support Website will contain links to other websites owned and operated by third parties who are not under the control of the Department of Education and Training.
4.2 The State does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked web sites, unless specifically stated.
4.3 The State is not responsible for the content of these linked websites and makes no representation as to the accuracy of any material on these websites.
4.4 The State, to the maximum extent possible, exclude liability for any loss suffered as a result of use of these third party websites, or reliance on the information contained on these third party websites.
5 Future changes
6 Governing law
7.1 You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
8 Invalid or unenforceable provisions
8.1 If a provision of these Terms and Conditions is found by a court of law to be invalid or unenforceable:
a. it is to be read down or severed to the extent of the invalidity or unenforceability
b. that fact does not affect the validity or enforceability of the remaining provisions.
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