Terms and Conditions
TERMS AND CONDITIONS
Accepting the Terms of Service
Modifications to these Terms and Conditions
Gateway Media Group reserve the right, in its sole discretion, to modify these terms and conditions at any time by posting revised terms and conditions.
Use of the Services
No individual under the age of eighteen (18) may use the Services or provide any information to Gateway Media Group or Cairns Calendar or otherwise through the Services (including, for example, a name, address, telephone number, or email address). If you are under the age of 18 years, your parent or guardian must give their consent to your use of the Services.
Service Changes and Limitations
Gateway Media Group and Cairns Calendar retain the right to create limits on and related to the use of the Services in its sole discretion at any time with or without notice. Gateway Media Group and Cairns Calendar may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Gateway Media Group and Cairns Calendar may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below).
Limitations on Automated Use
You may not do any of the following while accessing or using the Services:
(a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Gateway Media Group and Cairns Calendar and/or its service providers;
(b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
(c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Gateway Media Group and Cairns Calendar (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Gateway Media Group;
(d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Gateway Media Group’s express prior written consent;
(e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or
(f) interfere with, or disrupt, (or attempt to so interfere or disrupt), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Registration and Security
You must provide Gateway Media Group with accurate, complete, and updated information, particularly your e-mail address. You agree that you shall not register or subscribe with the name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion. Gateway Media Group reserves the right to refuse registration of, cancel, or modify information.
Content, Contributions and Links
For purposes of these terms and conditions the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.
Content posted to cairnscalendar.com.au
When posting to cairnscalendar.com.au, you must make sure:
• your comments are relevant or on-topic;
• your comments are not inflammatory, unreasonable or obscene;
• you are civil and respectful of others and their opinions (including not impersonating anyone and not posting someone’s personal information without their permission); and
• your behaviour is in line with all relevant laws.
If Gateway Media Group becomes aware of content that does not comply with these terms and conditions, we reserve the right not to publish it or choose to remove it.
All comments and reviews are moderated. Comments or reviews with many links in them may be automatically held for moderation (links being a major part of most comment spam).
One of our key reasons for moderating is to prevent Cairns Calendar from hosting spam. Keep this in mind when you are commenting or reviewing, as off-topic comments or short comments with links may be confused with spam and deleted.
Our system may include a human verification step to deter spam bots: when entering content, you may be asked to replicate a code.
You warrant that any material you provide to Gateway Media Group and Cairns Calendar does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.
Links to Third Party Sites
Your licence to Gateway Media Group and Cairns Calendar
You acknowledge and agree that your comments or reviews and the name that you include on your Account will be made publicly available.
You agree that you hereby license any material that you supply or communicate to Gateway Media Group and Cairns Calendar on this website (cairncalendar.com.au) under a Creative Commons Attribution –3.0 Australia license.
More information on this CC BY license is set out at http://creativecommons.org/licenses/by/3.0/au/.
You consent to any act or omission by Gateway Media Group and Cairns Calendar (including any individual or organisation engaged by Gateway Media Group and Cairns Calendar) in relation to any of the material in which you are entitled to exercise moral rights and made available to Gateway Media Group and Cairns Calendar via cairnscalendar.com.au. An act or omission includes failing to attribute the material, falsely attributing authorship of the material and any editing, deleting, amending of the material, as part of posting and moderating your comments on cairnscalendar.com.au that may affect your right of integrity as the author of the material. For the purpose of this term, material means work as defined by section 189 of the Copyright Act 1968 (Cth).
Third Party Offerings
For the purposes of these terms and conditions the term “Third Party Offering” means the goods and services offered for sale a by a third party.
Use of Third Party Offerings
By accessing this Site and any Third Party Offering, you agree that you are responsible for verifying the accuracy of the information before accepting or using any Third Party Offering.
Assumption of Risk
You assume all risk in connection with your acceptance and use of any Third Party Offering. You agree that your correspondence or dealings with, or participation in promotions or business of, any Third Party Offering or advertisers on the Site are solely between you and such Third Party and advertisers. Gateway Media Group and Cairns Calendar will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of any Third Party Offerings or advertisements.
Gateway Media Group and Cairns Calendar do not warrant the accuracy, quality, completeness or reliability of any Third Party Offering.
Gateway Media Group owns or licenses all content on this website and we assert our right to be recognised as the author of original material on this website. Gateway Media Group and Cairns Calendar supports the sharing of information and the use of the website content for the purposes of private study, research, criticism or review, as permitted under copyright legislation. However, you are not permitted to reproduce or reuse content on this website for commercial purposes unless consent has been given by Gateway Media Group and Cairns Calendar.
Gateway Media Group and Cairns Calendar distributes the information on this website as a general reference source. This website contains links to other websites operated by organisations other than Gateway Media Group and Cairns Calendar. The other websites are outside of Gateway Media Group and Cairns Calendar’s control and links are provided for your convenience. Despite our best efforts, Gateway Media Group and Cairns Calendar makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Gateway Media Group and Cairns Calendar disclaims all responsibility and all liability (including through negligence) for all expenses, losses, damages and costs you might incur as a result of the information on this website or any linked website being inaccurate or incomplete.
Exclusion of Liability and Indemnity
You are responsible for the Content of your comments and reviews. Gateway Media Group and Cairns Calendar does not accept any liability for the Content or accuracy of your message or any liability in respect of any material submitted by users of cairnscalendar.com.au
You agree to indemnify and hold harmless Gateway Media Group and Cairns Calendar in full and permanently against any third party liability, claims, costs, expenses (including legal costs) loss or damage (including consequential loss) incurred by Gateway Media Group and Cairns Calendar as a result of publishing any material you submit to us via cairnscalendar.com.au
Gateway Media Group and Cairns Calendar may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of these terms or conditions. In particular, Gateway Media Group and Cairns Calendar may immediately terminate or suspend users that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your access on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of these terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and exclusion of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Gateway Media Group and Cairns Calendar or any third party.
You, Gateway Media Group and Cairns Calendar agree that we will resolve any claim or controversy at law or equity that arises out of these terms and conditions or the Services in accordance with this Section or as you, Gateway Media Group and Cairns Calendar otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Law and Forum for Legal Disputes
These terms and conditions are governed by the laws of the State of Queensland. You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Cairns, Queensland, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Queensland for the purpose of litigating all such claims or disputes.
These terms and conditions, as modified from time to time, constitute the entire agreement between you, Gateway Media Group and Cairns Calendar with respect to the use of the Site. These terms and condition replace all prior or contemporaneous understandings or agreements, written or oral, regarding the use of the Site and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided in these terms and conditions will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions will otherwise remain in full force and effect and enforceable.
These terms and conditions are not assignable, transferable, or sub-licensable by you except with Gateway Media Group and Cairns Calendar’s prior written consent. Gateway Media Group and Cairns Calendar may assign these terms and conditions in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these terms and conditions and you do not have any authority of any kind to bind Gateway Media Group and Cairns Calendar in any respect whatsoever.