The www.airguides.com web site (Site) is owned and operated by Hopolla Group Pty Ltd (Company, we, us, our).
Your use of the Site is conditional upon your agreement to, acceptance of and compliance with the Terms and Conditions set out below ( Terms and Conditions). Your use of the Site constitutes your agreement with the Terms and Conditions.
TERMS AND CONDITIONS
No user is to upload Content to the Site unless the user is aged 18 years or older.
All of our information, text, material, images, audio, video, graphics, software and our advertisements on the Site (Our Content) are copyright © 2016 Hopolla Group Pty Ltd, our associated companies, suppliers, and/or licensors unless expressly indicated otherwise. Our Content is protected by Australian and international copyright laws.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with Our Content except as expressly provided on the Site, or expressly authorised by us in writing.
You must not use our trademarks, logos or other materials for any purpose without our prior written consent.
You may, subject to specific restrictions set out in these Terms and Conditions, download Our Content from the Site solely for your personal, non-commercial use. You must not distribute Our Content in any form to any third party. You agree not to change or delete any proprietary notices from any of Our Content downloaded from the Site.
Licence of Content
By uploading or otherwise placing any text, images, or audio-visual works (Content) on the Site you grant us a non-exclusive, world-wide, royalty free, perpetual licence to use the works on the Site, including to reproduce, distribute, transmit, adapt, publicly display and publicly perform the works on the Site (Licence).
You expressly waive, in our favour, any moral rights or similar rights you have in any jurisdiction in respect of your Content. If we request, you agree to enter into any further agreements necessary to document the licence and waiver set out above, at our expense.
Moderation and Control of Content
We reserve the right to monitor Content posted onto our Site. While we reserve the right to monitor the posting of such Content, we do not and cannot, and are under no obligation to, review all Content and ant third party materials posted or uploaded to the Site and are not responsible for the content of these communications and third party materials.
We reserve the right to block, edit or remove from the Site any Content, communications or third party materials which the Company in its sole discretion determines to be abusive, defamatory or obscene, fraudulent, misleading or deceptive, a breach of any third party intellectual property rights, a breach of any law or these Terms and Conditions, or offensive or otherwise unacceptable to us.
You acknowledge and agree that we have no control over other users of the Site, and are under no circumstances liable for the behaviour, opinions or conduct of such users, including but not limited to any Content, information, materials or advice provided by them, any defamatory or otherwise offensive statements.
You must not:
- post or upload any Content which is false, misleading or deceptive;
- post or upload any Content which is libellous, defamatory or which disclose private or personal matters concerning any person, or any Content which is indecent, obscene or pornographic;
- post or transmit any Content that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
- interfere with other user’s use or enjoyment of the Site,
- post or transmit any file or data which contains viruses or any other contaminating or destructive features;
- post or transmit any Content which are harmful, threatening, abusive or hateful;
- post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
- send any unsolicited mass emailing to other users of the Site; or
- use the facilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.
Access to any third party site which may be reached by the hyperlinks on this Site (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.
Accessing a Linked Site from this Site, regardless of whether the link was posted by us or by other users, does not expressly or impliedly constitute any guarantee, undertaking or warranty on our part as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. We will not be liable to you or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.
The ability to access a Linked Site does not:
- constitute express of implied authority to infringe copyright in any content contained on the Linked Site; or
- imply any connection, sponsorship or affiliation between the Linked Site and this Site or our Company.
DISCLAIMERS AND LIMITATION OF LIABILITY
To the fullest extent permitted by law:
- all information and materials on the Site is provided “as is” and without warranty of any kind, express or implied;
- all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
- we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on the Site;
- we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
- we make no warranties that files and/or data available for downloading from the Site, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.
Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Site or any content or other materials contained on the Site.
Warranty and Indemnity
By uploading Content to the Site, you warrant that:
- your Content contains no third party content (including music or images), or you have obtained licences to include any third party content in your Content and to upload it to the Site, and hold the necessary rights to grant the Licence;
- any person appearing in your Content consents to the use of their name and/or image and/or voice in the Content, the uploading of the Content to the Site and the granting of the Licence; and
- your Content is not libellous, defamatory, indecent, obscene, pornographic or discloses private or personal matters concerning any person.
(together, the Warranties)
You agree to indemnify us and keep us, our officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of the Warranties, these Terms and Conditions or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person using your registered account.
Variation and Termination
These Terms and Conditions shall continue to have full force and effect until varied or terminated by us. We reserve the right to terminate this agreement and your access to the Site at any time for any reason or for no reason. The Terms and Conditions relating to intellectual property, your licences to us, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
We reserve the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the Site. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to the Site after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use the Site will terminate immediately.
This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
Our waiver of a breach by you of these Terms and Conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these Terms and Conditions.