Project Tripod Terms of Service

Last updated: November 7, 2013

Summary

We have set out below the standards of use that will provide guidance on the acceptable standards of behaviour for Project Tripod, its members and any content. We have also explicitly detailed how we will respond to breaches as well as ways the system has been designed to protect users and their content. This includes disclaimers for the limit of our liability.

Although not legally binding this excerpt provides high level summary of the standard of use which are included in the full Terms of Service below.

The agreement stipulates:

  • By accessing or using this service in any way you are agreeing to these Terms of Service.
  • Project Tripod respects Copyright laws and will respond to any Infringement notices
  • Users are over 13 years of age
  • Looking after your account, username and password is your responsibility. You must notify us immediately of any unauthorised use.
  • Users Must Not use any content unlawfully or as prohibited by these Terms of Service
  • Users Must not post on or transmit through this Service any material that:
    • is unlawful, harmful, threatening, abusive, tortious, harassing, defamatory, libelous, vulgar, obscene, sexually explicit, child-pornographic, lewd, profane, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable;
    • infringes any intellectual property right or other proprietary right of any party;
    • contains software viruses, Trojan horses, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
    • disrupts or interferes with the security of, or otherwise cause harm to the Service, or any Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked web sites;
    • encourages conduct that would constitute a criminal offense

  • Users Must not copy or redistribute the software, including to any other server or location, unless the accompanying license agreement expressly allows otherwise
  • Users Must not copy, reproduce, republish, frame, download, transmit, publicly display, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, create derivative works based on the Service or Project Tripod Materials, or otherwise exploit the Service or any portion of the Service for any commercial purpose, unless expressly authorized by Project Tripod
  • Users Grant Project Tripod its affiliates and sublicensees permission to use Your Content by posting, uploading, inputting, providing or submitting ("Posting") it
  • Project Tripod will occasionally run Competitions, any additional Terms of Service will be set out as part of the competition.

Please read the full legally Binding Terms of Service below.

Terms of Service

The following sets forth your legal agreement with Project Tripod Pty Ltd. and its agents and affiliates (collectively, "Project Tripod"). Your use of any Project Tripod service or web site (collectively, "Service") that link to these terms is subject to these Terms of Service (the "Terms of Service"), which govern your use of the Project Tripod web site at www.projecttripod.com and all associated sites linked to www.projecttripod.com by Project Tripod, its agents and affiliates, including Project Tripod sites around the world (collectively, "Site") and all other services provided to you by Project Tripod.

By accessing or using this service in any way, including, without limitation, use of any services, download of any products, software or information, or merely browsing the site, you agree to and are bound by these terms of service.

Project Tripod reserves the right, at its sole discretion, to change, modify, add or remove portion of these Terms of Service at any time. The revised version of Terms of Service will be posted at the Site. It is your responsibility to review these Terms of Service periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.

All references to "us," "our" and " Project Tripod " in these Terms of Service are intended to refer to Project Tripod Pty Ltd, its agents and its affiliated entities. All references to "you," "your" and "user" in these Terms of Service are intended to refer to the user of the Service.

A. Your Use of the Service

You agree not to use this Service and any material made available or enabled by Project Tripod, you or other users of the Service (collectively "Materials") for any purpose that is unlawful or prohibited by these Terms of Service. When using the Service and the Materials, you shall be subject to any guidelines, rules, or licenses found on this Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms of Service. Project Tripod has no obligation to store any material that you upload, post, transmit or otherwise make available through your use of the Service ("Your Content"). "User Content" means any material uploaded by you or the other users of the Service.

B. Your Conduct While Using the Service

You are prohibited from posting on or transmitting through this Service any material that:

  1. is unlawful, harmful, threatening, abusive, tortious, harassing, defamatory, libelous, vulgar, obscene, sexually explicit, child-pornographic, lewd, profane, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable;
  2. infringes any intellectual property right or other proprietary right of any party;
  3. contains software viruses, Trojan horses, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  4. engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages;
  5. advertises or offers to sell or buy any goods or services for any business purpose, unless specially allowed to do so by Project Tripod;
  6. use the Service and the Materials such that it will mislead a user of the Service into believing that they are interacting directly with Project Tripod, its affiliates and agents;
  7. disrupt or interfere with the security of, or otherwise cause harm to the Service, or any Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked web sites;
  8. encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Project Tripod, in its sole discretion, may (but has no obligation to) monitor or review the Service and User Content at any time. Project Tripod shall have the right, in its sole discretion to remove any of Your Content for any reason (or no reason), including if it violates the Terms of Service or any law. If Project Tripod becomes aware of any possible violations by you of any provision of the Terms of Service, Project Tripod reserves the right to investigate such violations and in its sole discretion remove Your Content from the Service. If, as a result of such investigation, Project Tripod believes that criminal activity has occurred, Project Tripod reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, Project Tripod is entitled to retain and/or disclose any information, including Your Content, account information, your identity or electronic communication, in Project Tripod’s possession in connection with your use of the Site:

  1. to satisfy any law, regulation, or government request;
  2. to enforce the Terms of Service;
  3. to respond to any claims that the Your Content violates the Terms of Service or rights of third parties;
  4. to respond to your requests for customer services;
  5. if such disclosure is necessary or appropriate to operate Project Tripod; or
  6. to protect the rights or property of Project Tripod, the Service, its users or third parties, including the public at large.

We reserve the right to terminate or suspend your access to all or part of the Service at any time, without notice, for any reason whatsoever. Notwithstanding the foregoing, Project Tripod cannot ensure prompt removal of questionable User Content posted on the Site or distributed by otherwise using the Service.

Accordingly, project tripod does not assume any liability for any action or inaction by project tripod with respect to user conduct, communication, or user content on this site or while using the service.

C. Your Use of Software

The software and accompanying documentation that is made available to download from this Site or by otherwise using the Service is the copyrighted and/or patented work of Project Tripod, its suppliers and/or third parties. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Any third-party software available to you on this Site or by otherwise using the Service shall be governed by the software licenses of the respective third party company and such agreement will be between you and the respective company. Please refer to the applicable license to determine the terms on which the software is provided, the license granted to you, the warranties provided for such software and all other relevant terms. Please review the Project Tripod refund and return policy on this Site for information about how to return or receive a refund for Project Tripod software you have purchased on this Site or by otherwise using the Service. You will not be able to download, install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Any copying or redistribution of the software is prohibited, including any copying or redistribution of the software to any other server or location, unless the accompanying license agreement expressly allows otherwise. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on this Site or obtained by otherwise using the Service. Project Tripod does not guarantee that any third-party software you download from this Site or obtained by otherwise using the Service will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Project Tripod does not offer any warranty on any third-party software you download from this Site or obtained by otherwise using the Service.

D. Intellectual Property

The content, information, software, images, audio, video, files, trademarks, logos, graphics, text and documents offered on this Site, as well as their selection and arrangement, are owned, controlled or licensed by or to Project Tripod, and is protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and/or other intellectual property laws. Except as expressly provided herein, Project Tripod and its suppliers do not grant any express or implied rights to use the Service and Project Tripod Materials. You agree not to copy, reproduce, republish, frame, download, transmit, publicly display, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, create derivative works based on the Service or Project Tripod Materials, or otherwise exploited the Service or any portion of the Service for any commercial purpose, unless expressly authorized by Project Tripod. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Project Tripod or any third party with a presence on the Site or through the Service without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Project Tripod‘s name or trademarks without our express written consent.

E. License to User Content

By posting, uploading, inputting, providing or submitting ("Posting") Your Content, you are granting Project Tripod, its affiliates and sublicensees permission to use Your Content in connection with providing the Service, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content and the right to sublicense such rights to any supplier of the Service.No compensation will be paid with respect to the use of Your Content, as provided herein. Project Tripod is under no obligation to post or use any of Your Content you may provide and Project Tripod may remove any of Your Content at any time in its sole discretion.By Posting Your Content you warrant and represent that you own or otherwise control all of the rights to Your Content as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit Your Content.

In addition, by Posting Your Content that contain image, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that

  1. you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images,
  2. you have the rights necessary to grant the licenses and sublicenses described above, and
  3. that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Service, including, without limitation, the distribution, public display and reproduction of such Images.

By Posting Images, you are granting

  1. to all users of the Service, and/or
  2. to the general public, permission to use your Images in connection with the use of the Service, as permitted by these Terms of Service, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Service.

The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Service, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

If it is determined that you retain moral rights (including rights of attribution or integrity) in Your Content, you agree that

  1. you do not require any personally identifying information be used in connection with Your Content, or any derivative works thereto;
  2. you have no objection to the publication, use, modification, deletion and exploitation of Your Content by Project Tripod or its licensees, successors and assigns;
  3. you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content; and
  4. you forever release Project Tripod, and its licensees, successors and assigns, from any claims that you could otherwise assert against Project Tripod by virtue of any such moral rights.

F. Copyrights

Project Tripod respects the Intellectual Property Rights of others. Project Tripod will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification. If you believe that your work has been used or copied in a way that constitute copyright infringement, and such infringement is posted on the Site or by otherwise using the Service, please contact us by email at the following address and provide all relevant details.

Project Tripod Pty Ltd
Legal@projecttripod.com

G. Usage by Children

The Service is not intended for or directed to persons under the age of 13. Project Tripod cannot prohibit minors from using the Service. Project Tripod must rely on parents, guardians and those responsible for supervising children under the age of 13 to decide which materials are appropriate for such children to view and/or purchase.

We require that use of the Service and all purchases made through it be by individuals who are 13 years of age or older. Project Tripod does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13, nor does Project Tripod sell software products for purchase by children under the age of 13.

Each time you purchase a product, register with this site or otherwise use the service or provide information to project tripod, you are representing to project tripod that you are 13 years of age or older.

H. Accounts, Passwords and Security

You agree not to use or attempt to use another's account or password without authorization from Project Tripod. You agree not to share your password with others. You are entirely responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under such password or account.

You agree to

  1. immediately notify Project Tripod of any unauthorized use of your password or account or any other breach of security, and
  2. ensure that you exit from your account at the end of each session. Project Tripod will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Project Tripod or another party due to someone else using your account or password.

I. Contests and Promotions

Project Tripod may conduct contests and promotions on this Site or otherwise made available through the Service from time to time. Each such contest or promotion will have additional terms, conditions and rules ("Rules") which will be posted or otherwise made available to you and, for purposes of each contest or promotion, the Rules will be deemed incorporated into and form a part of the Terms of Service. If any conflict arises between the Terms of Service and the Rules, the Rules shall govern for purposes of your participation or involvement in the promotion or contest to which the Rules relate. Any personal information you submit to Project Tripod for contests or promotions shall be subject to the terms of Project Tripod’s Privacy Policy. All material submitted by you or other users of the Service, in connection with the contests or promotions, including but not limited to images, artwork, graphics, photographs, text, audio and videos, are User Content that is governed by the provision under section E of these Terms of Service. Project Tripod reserves the right to not accept any User Content submitted for the purpose of entering the contests or promotions after receiving notice of copyright infringement on such work and the copyright ownership of such work cannot be confirmed.

J. DISCLAIMERS

THE SERVICE, INCLUDING THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY PROJECT TRIPOD, ARE PROVIDED "AS IS" AND PROJECT TRIPOD EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROJECT TRIPOD MAKES NO WARRANTY THAT

  1. THIS SITE, THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS;
  2. THIS SITE, THE SERVICES OR THE PRODUCTS WILL BE EFFECTIVE, ACCURATE, UNINTERRUPTED, RELIABLE, ERROR-FREE OR SECURE;
  3. THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THIS SITE OR BY OTHERWISE USING THE SERVICE WILL MEET YOUR EXPECTATIONS;
  4. ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SERVICE, OR ANY DEFECTS IN THE SERVICE WILL BE CORRECTED;
  5. ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE OR OTHERWISE OBTAINED BY USING THE SERVICE WILL BE FREE OF COMPUTER VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURE AND WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM; AND
  6. THE SERVICE DOES NOT INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.

PROJECT TRIPOD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU UNDERSTAND AND ACKNOWLEDGE THAT

  1. PROJECT TRIPOD DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THIS SITE;
  2. PROJECT TRIPOD MAKES NO REPRESNTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOST REVENUES OR LOST PROFITS THAT MAY RESULT FROM THE USE OF THIRD PARTY MATERIALS, CONTENT, PRODUCTS OR SERVICES; AND
  3. ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED PROJECT TRIPOD SPOKEPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF PROJECT TRIPOD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROJECT TRIPOD WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PROJECT TRIPOD ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

K. LIMITATION OF LIABILITY

IN NO EVENT WILL PROJECT TRIPOD, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER OR NOT FORESEEABLE OR IF PROJECT TRIPOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PROJECT TRIPOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. PROJECT TRIPOD’S AGGREGATE LIABILITY, AND THAT OF ITS SUBSIDIARIES, EMPLOYEES, SUPPLIERS AND DISTRIBUTORS UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDERED UNITED STATES DOLLARS ($100). THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

L. Privacy

Please review our Privacy Policy to understand our practices with regard to any images, data or other information you submit to the Site or by otherwise using the Service. You hereby agree that the Privacy Policy governs your use of the Service and is incorporated in these Terms of Service. Additionally, by using the Service, you understand that any message or information you send by using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

M. Indemnification

You agree to indemnify, hold harmless and defend Project Tripod, its officers, directors, employees, agents, successors, subsidiaries, affiliates, sublicensees from and against all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to any breach of these Terms of Service or violation of any law or the rights of a third party, by you or anyone acting under your direction, authority or control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your password and/or your account.

N. Changes to This Site

Project Tripod may make changes to any products or services on this Site or to the applicable prices for any such products or services, at any time, without notice. The materials on this Site with respect to products and services may be out of date, and Project Tripod makes no commitment to update the materials on this Site with respect to such products and services.

O. International Use

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Project Tripod agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the Australian Federal Courts or NSW state courts located in Sydney.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on this Site or otherwise made available to you by the Service may refer to products, programs or services that are not available in your country. The Service is controlled, operated, and administered by Project Tripod from its offices within Australia. Project Tripod makes no representation that the Service is appropriate or available for use at other locations outside Australia, and access to the Service from territories where the Service is illegal is prohibited. If you access the Service from a location outside the Australia, you are responsible for compliance with all local laws where you reside.

P. General Terms

These Terms of Service constitute the entire agreement between you and Project Tripod with respect to your use of the Service and supersede any prior agreement between you and Project Tripod on such subject matter. Project Tripod’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to reflect the intent of the parties for that provision, and the remainder of the Terms of Service shall continue in full force and effect. You may not assign or otherwise transfer the Terms of Service, or any right granted hereunder, without Project Tripod’s written consent. Project Tripod‘s rights under the Terms of Service are freely transferable by Project Tripod.

Last updated: November 7, 2013