Terms & Conditions
LAST UPDATE TO THE TERMS: 23rd September 2016
Thank you for selecting www.threepencejournal.co (referred to as “Site”, “Threepence Journal”, “Threepence”, "we", "our", or "us"). Please read these Terms and Conditions of Use ("Terms") carefully. The Terms are a legal agreement between you and Threepence Journal in relation to your use of the Site and all associated services (the “Agreement”).
- USE CONSTITUTES ACCEPTANCE
By accessing the Site, linking to the Site, or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
- PROTECTION OF MINORS
Anyone may visit and view the Site but you must be 18 years or older to create an account. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
- ACCOUNT REGISTRATION
- ELECTRONIC COMMUNICATIONS AND NOTICES
You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, although we may not be able to continue service to you if we cannot communicate with you electronically. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us through our Contact Us web form or by email to firstname.lastname@example.org. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- CHANGES TO THIS SITE
We may discontinue or change any Threepence content, service, function or feature at any time with or without notice.
- PERSONAL INFORMATION AND PRIVACY
- COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY
10.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The ThreepenceJournal.co domain name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Threepence Journal or its licensors and are protected by Australian and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from Threepence Journal.
10.2 License to Host Your Content: In these Terms, "your content" means all works and materials (including but not limited to comments, photographs, images, text, documents, graphics, audio material, video material, and files) that you submit to the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store your content on and in relation to our Site and Services and any successor websites or services. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
10.3 No Infringement of Third Party Rights: You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Threepence Journal that will be liable.
10.4 Copyright Infringing Content: The Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA). We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please report it using our Contact Us web form or by email to email@example.com with the following information:
- The name and address of the complaining party
- A description of the infringing materials and their Internet location, usually the URL
- Sufficient information to identify the copyrighted works
- A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of
- A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
- LICENSE TO USE OUR SERVICES
- You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
- You acknowledge that the features and services provided by us may change at any time without prior notice to you.
- You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.
- Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
- We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
- ACCOUNT SECURITY
12.1 Password: If you register for an account with us you may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority.
12.2 Your Security Responsibilities: The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining secured access to our Site or Services. In order to protect you and your data, we may suspend your use, without notice, pending an investigation, if any breach of security is suspected. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient, it is your responsibility to either implement your own additional security or not use the Site.
- PAYMENTS AND SUBSCRIPTIONS
Payments and subscriptions are managed by the third party processors such as Magloft.com and are subject to the terms of these third parties.
- ADVERTSING AND AFFILIATE DISCLOSURE
Threepence Journal may display paid advertising on the Site and we may also enter into affiliate relationships with other commercial partners, and, from time to time, may link to other products and services mentioned in posts on our site. In such circumstances we may have an affiliate relationship with the merchant selling such products or services, and may get paid a commission if you purchase such products or services. We wish to be transparent in our dealings with you and hereby disclose the incorporation of paid advertising and compensated affiliate promotions on the Threepence Journal Site.
- THIRD PARTIES AND EXTERNAL LINKS
15.1 Third Parties: You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Threepence Journal liable for any disputes you may have with any such third party supplier.
15.2 Links from this Site: This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
15.3 No Liability for Advertisers: Further to the above, this Site may contain links to other websites, including the possibility of advertiser or affiliate links from time to time. None of these advertiser or affiliate links implies a responsibility or endorsement for the linked site. Threepence does not control these third party websites and will not be liable for their content or accuracy, or any damages arising from their use. You access both this Threepence Site and third party websites at your own risk.
15.4 Linking to this Site: If you would like to link to this Site you must comply with the following:
- You do not have permission to use or incorporate any of our Site content and must not in-line, frame, or create any browser or border environments around our content.
- The only form of linking permitted is an underlined, textual link from your site to our homepage. No other linking to this Site is permitted without our express, prior written permission.
- Do not link to us in any way which suggests we have any relationship or affiliation with your site or endorses your site, products or services.
- Do not present any misleading or false information about us or our products or services.
- Do not use any of our logos, designs, slogans, trademarks, service marks, or any other words, or metatag data or other location information tools used to identify and select sites without first obtaining our express written permission.
- We do not allow any linking to sites that contain any distasteful, offensive or controversial content, or content that can be construed as such.
- Unauthorized links to our Site, or the framing of any content or information contained on our Site, or any portion of our Site is strictly prohibited unless you have obtained our prior express written permission.
- Do not archive, cache, or mirror any of our pages or any portion of our pages. We reserve the right to disable any unauthorized links or frames, and hereby disclaim all liability for any material on any third party sites that may contain links to this Site.
- In order to repurpose, reprint, frame, or redistribute any content from this Site, you must first request our express written permission by contacting us via the Contact section of the Site with the following information:
- your name
- e-mail address
- telephone number
- company name
- URL where requested use will occur; and
- Details specifying the proposed linking or framing, including the content of our Site you would like to use.
- PROHIBTED USE You must not:
- Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
- Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
- Access or otherwise interact with our Site or Services using any robot, spider or other automated means
- Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
- YOUR CONTENTS
17.1 Permitted and Prohibited Content: It is strictly prohibited to submit content of any kind that you do not own or possess a licence for. It is strictly prohibited to submit media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.
17.2 License to Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use any content you provide to us in any way.
17.3 Use of Your Feedback: You agree that we may use your feedback, suggestions, comments or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback or suggestions you provide to us in any way.
17.4 Prohibited Content: You may not use the Site or Services for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any laws concerning the use of public telecommunications networks.
- Interfering or disrupting networks or websites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
17.5 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
- DISCLAIMER – NO WARRANTY
YOU AGREE THAT YOUR USE OF THREEPENCEJOURNAL.CO SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF THE SITE'S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THREEPENCE JOURNAL SITE.
THREEPENCE JOURNAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPER-LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THREEPENCE JOURNAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT WILL THREEPENCE JOURNAL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:
- ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE;
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SERVICES;
- PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SERVICES;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO THREEPENCE SUBSCRIBERS, CONTRIBUTOR AND ACCOUNT HOLDERS ON OR VIA THE SITE OR SERVICES; OR
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF THREEPENCE JOURNAL SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Your sole and exclusive remedy for any cause or claim whatsoever relating to the Site or the Services, shall be limited to discontinuing use of the Site and Services.
You agree to defend, indemnify and hold harmless Threepence Journal, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Site or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. Threepence Journal reserves the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with Justtk.com in asserting any available defences.
We reserve the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
- INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside Australia. If you choose to access this Site from a location outside Australia you do so on your own initiative and you are responsible for compliance with local laws. Further, access to, linking to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. You agree not to access, link to or use this Site in any way that violates such laws or regulations.
- GENERAL PROVISIONS
23.1 Entire Agreement: This Agreement contains the entire understanding between you and us and supersedes all prior representations, agreements, statement and understandings, either verbal or in writing. If you become a contributor to the Threepence Journal, these contributions will also be subject to the Threepence Journal Contributor Agreement.
23.2 Governing Law: You agree that the laws of the state of Victoria, Australia govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the Victorian courts, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
23.3 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
23.4 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
23.5 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
23.6 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
23.7 Conflict of Terms: If there is a conflict or contradiction between the provisions of these Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site.
LAST UPDATE TO THE TERMS AND CONDITIONS: 23rd September 2016