Terms of Use
Terms and Conditions of Use
Welcome to the What Makes Me website. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WHAT MAKES ME WEBSITE. YOU CANNOT USE THE WEBSITE UNLESS YOU AGREE TO THESE TERMS OF USE.
Using this website
By accessing, browsing or using the functionality of this website, you agree to be bound to these Terms of Use.
You agree that you will use this website in accordance with these Terms of Use and that you will not use the website for any unlawful purpose. You will not up-load, post, transmit or otherwise make available through the website any material which:
- Harms or infringes the rights of others (including their privacy and publicity rights)
- Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress to or incite hatred of any person
- Encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise break any law
- Restrict or inhibit any other user from using or enjoying the website
- Affect the functionality or operation of the website or its servers or the functionality or operation of any users, computer systems (for example, by transmitting a computer virus or other harmful component) or
- breach any applicable industry standards or codes
Copyright
Any content you upload onto our website is protected by the same laws of copyright that apply to books, videos and music. The right to "copy" or "upload" always stays with the owner of the material. Under Australian copyright law, limited quotation is permissible for genuine review and criticism. However this does not permit extensive copying. By uploading content and using our Website, you agree you will not infringe another's copyright.
What does "genuine review and criticism" mean?
Under s. 41 of Australia's Copyright Act, a fair dealing with a literary, dramatic, musical or artistic work or with an adaptation of such a work other than an artistic work does not constitute an infringement of the copyright in the work if done for the purpose of criticism or review of that work or of another work.
There are no guidelines as to what constitutes fair dealing for the purpose of criticism or review and we must look to case law for an explanation. The Federal Court has held that "criticism and review" involves making a judgment of the material or its underlying idea. The Court also held that to rely on this defence to copyright infringement, the dealing must be "genuine". If a person has other motives, such as using the material to make a profit, or using a competitor's material to divert its customers to the other competitor, then that review is not enough to rely on this use.
Copyright Infringement
To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
- Include a statement telling us that you have found cube content on What makes me which you believe infringes your copyright (for example, "I hereby confirm that I believe the image/audio/video identified below infringes my copyright").
- Tell us which country your copyright applies to.
- Tell us the title of the cube content concerned.
- Explain to us how cube content infringes your copyright (e.g. the sound is copied, the photograph is copied, the 30 second looped video is a copy of an original work made by you, etc).
- Identify the type (e.g. a film, a piece of music, a book, etc.) and details (e.g. title, publisher, dates, etc.) of the copyright work which you own the rights to and which you believe has been infringed. If this information is available on the Internet, it is helpful to send us a link.
- Provide us with your contact information so that we can get in touch with you (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
- I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
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Sign the notice. Postal address is:
Holly Vale
Project Director
Arts Development
Australia Council for the Arts
PO Box 788
Strawberry Hills
NSW 2010
Australia - If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
Email address: inappropriate@whatmakesme.com.au
Privacy and personal information
You should also refer to our Privacy Notice which contains important information that you provide to us when you use our website.
If you don't agree to these Terms of Use, don't use this website.
Terms of Use may change from time to time
We may change the Terms of Use from time to time. If we do this, and if you continue to use the website after we change the Terms of Use, you are bound to any changes we make. You should periodically revisit this page to review current Terms of Use.
Links to other sites
This website contains material produced by third parties and or links to other websites. We do not exercise any control over these websites. If you access content via a link, you do so at your entire risk. You must take your own precautions as we accept no liability to you or anyone else for any loss or damage that may arise.
Creating your user account
So that you can access some of the functionality of this website, you need to create a unique user account and profile. You must provide accurate information and a valid email address and password. You agree not to provide this password to any third parties and you must not use another person's account or password.
You must immediately notify us if there is a breach of security or unauthorised use of your account by emailing admin@whatmakesme.com.au.
Intellectual Property Rights
Unless stated otherwise, all of the website content including its tools and methodologies is our property or belongs to third parties that have given us permission to use their intellectual property. Reproduction of part or all of the content provided by or through this website is prohibited other than as set out in the Authorised Uses section.
You must not infringe, facilitate infringement of, or otherwise use this website to infringe either our own or any third party's intellectual property rights. We do not authorise consent to, or agree to the use of this website to infringe our or any third party's intellectual property rights.
Authorised Uses and your obligations of that use
Operators of Public Search Engines
We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Using the Embeddable Player on your website
If you use the WhatMakesMe.com.au Embeddable Player on your website, you must include a prominent link back to the WhatMakesMe.com.au website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
You agree to only use the functionality as provided on our website to:
- access the video playback pages of the website itself and the WhatMakesMe.com.au Embeddable Player
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access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the WhatMakesMe.com.au service
Prohibited uses of the website
You must not:
- violate, attempt to contravene, degrade the security systems of or "hack" this website. "Hack" means gaining control of, denying access to or unauthorised access to this website (including using another member's username and password or User Submissions), causing malicious damage or interference with this website's operations and includes: mail bombing; propagating viruses, worms or other types of malicious code; deliberate attempts to overload a computer system; broadcast attacks or any other method designed to damage, degrade or interfere with the operation of a computer system or website.
- collect or harvest any personal information as defined in the Commonwealth Privacy Act, nor use the communication systems provided by the website for any commercial solicitation purposes, or solicit any users of the website.
Except for User Submissions (explained below), you must not copy, communicate, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, exploit, commercialise, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any purpose.
User conduct at this website
You may submit content to this website for publication. The Australia Council, at its sole discretion, reserves the right to edit, or amend, any content you submit. You warrant that you are permitted to submit the content to the website, and that you will not submit, post on the Website, or email any material in breach of any law, any obscene, explicit, pornographic, inflammatory material, or any material that could otherwise give rise to criminal or civil proceedings.
You agree (and warrant) that you will only provide information to the Website if you own all of the intellectual property rights in that information. Except for your personal information (which is dealt with under the Privacy Policy), you grant the Australia Council a licence to use all intellectual property rights in all information provided by you to the Website.
You agree to waive all moral rights in the content that you provide (and ensure that you obtain all moral rights waivers in relation to all the content that you provide) to the Website, and that these waivers require that you (and all applicable third parties) consent to any use which the Australia Council (or any person permitted to do so by us) may require.
Ending Access to the website
The Australia Council reserves the right to cease providing access to, removing the content of, and the services of a user if that user infringes any of these Terms of Use.
The Australia Council reserves the right to cease providing access to, removing the content of, and the services of the Website at any time at its complete discretion, and we shall not be liable to you for any cost, expense, or damages whatsoever for terminating our agreement with you.
Limiting our liability
In no event shall the Australia Council, its respective directors, officers, employees or agents be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including but not limited to, infringement of copyright, loss of use, data, or profits, arising out of or in connection with the use or access or any liability to use or access the website or its contents;
Australia Council is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or any linked website. You must take your own precautions to ensure that whatever you select for your use from the website or any linked website is free of viruses or any other thing that may interfere with or damage the operations of your computer systems.
You must not carry on any activity which might involve us in liability, or any activity which uses intellectual property owned by, or licensed to, us, without our written permission.
Managing risks and indemnifying us
You understand and agree that you are personally responsible for your behaviour and uses on the website. You agree to indemnify, defend and hold harmless the Australia Council, its licensors, employees, agents, and any third-party information providers to the website from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable lawyers' fees, resulting from or arising out of your use, misuse, or inability to use the website including its content, or any violation by you of this Terms of Use.
We do not make any warranties
We make no express or implied warranties, representations or endorsements whatsoever with respect to this website, the service or its content. We expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, but not limited to implied warranties of merchantability, fitness for purpose, title and non infringement, with regard to the website, the service and the content.
Entire Agreement/No Waiver
These Terms of Use constitute the entire agreement of the parties. No waiver by the Australia Council of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The law that governs these Terms of Use
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of New South Wales, Australia. You agree that the courts and jurisdiction of New South Wales will govern any dispute or matter arising from these Terms of use.