Wikifashion:Terms of Service

From Wikifashion

Contents 1 1. Terms and Conditions 1.1 1.1 Definitions applicable to these Terms and Conditions 2 2. Restrictions on use 3 3. Privacy policy 4 4. Access wikifashion.com outside Australia 5 5. Provision of service 6 6. Intellectual property 7 7. Limitation of liability 8 8. Uploading Content 8.1 8.1 Provision of perpetual license 8.2 8.2 Role of My Lemmings Pty Ltd 9 9. Copyright in Content 10 10. Blocking accounts 11 11. Improvements and Website modifications 12 12. Miscellaneous provisions 12.1 12.1 Links from wikifashion.com 12.2 12.2 Severance 12.3 12.3 Applicable Law 12.4 12.4 Jurisdiction 12.5 12.5 Indemnity 12.6 12.6 Changes to Terms and Conditions 12.7 12.7 Waiver 12.8 12.8 Entire agreement

1. Terms and Conditions

By using wikifashion.com (the Website) operated by My Lemmings Pty Ltd (Company) you (the Contributor) and/or (the User), collectively referred to as (You) in exchange for the right to use and access the Content and facilities provided herein, agree to the following Terms & Conditions of Use (Terms and Conditions):

1.1 Definitions applicable to these Terms and Conditions

Administrator means a person appointed by the Company to edit the Website and amend its contents in certain situations. Content means the information, documents, graphics, materials and all the works shown on the Website. Contributor means a person who is capable of editing or amending the Wikifashion website. Materials has the same meaning as Content. Terms and Conditions of Use means the terms and conditions contained in this document. User means a person who is using wikifashion.com, where ever located. Website means the website located at http://wikifashion.com

2. Restrictions on use

The Website and the information and facilities contained herein must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes or is likely to infringe the rights of My Lemmings Pty Ltd. Contributors and Users must not: (a) data mine or conduct automated searches on our Website or the Content on our Website, whether through the use of additional software or otherwise; (b) incorporate any of the Content on our Website or the Content, including advertising or promotional Materials; (c) frame or mirror our Website without our prior written consent; (d) make modifications to our Website which are not to the best of your knowledge true and accurate; (e) knowingly transmit any virus, worm or other disabling feature to or via our Website; (f) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (g) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our Website; (h) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; (i) use wikifashion.com to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or (j) use wikifashion.com or any facilities available on our Website for any activities, or transmit to or via our Website any information or Content which: i) breach any laws or regulations; ii) breach these Terms and Conditions; iii) infringe a third party's rights (including intellectual property rights, copyright rights, rights of privacy or their trade secrets); iv) are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential; v) are false or misleading; vi) are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or vii) attempt to do, or permit another person to do, any of the above acts. You access wikifashion.com at your own risk and You are responsible for compliance with the laws of your jurisdiction (in your home country) and these Terms & Conditions.

3. Privacy policy

In using our Website, You are deemed to accept our Privacy Policy which appears on our Website.

4. Access wikifashion.com outside Australia

We do not represent or warrant that Content on wikifashion.com complies with the laws of any country outside of Australia. If You access wikifashion.com from outside Australia, You do so at your own risk.

5. Provision of service

We may without notice suspend our Website or disconnect or deny You access to any part of our Website during: (a) any technical failure; (b) maintenance period that the My Lemmings Pty Ltd decides to utilise; (c) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of wikifashion.com; My Lemmings Pty Ltd may make improvements and or changes to wikifashion.com or the Content at any time without notice. We do not warrant that the site architecture or navigation will not change now or at any time into the future.

6. Intellectual property

Users may download, print or copy information on wikifashion.com for your own use. Apart from this, users shall not sell, lease, furnish or otherwise permit or provide access to wikifashion.com to any other person and You must not use, reproduce, communicate, publish, or distribute any of the Content on wikifashion.com, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, You must not reproduce or use any of the information on wikifashion.com for commercial gain.

7. Limitation of liability

(a) My Lemmings Pty Ltd makes it's Website available for Users to use, however it does not assume a duty of care to Users. My Lemmings Pty Ltd makes no warranties or representations regarding the accuracy, quality, completeness, merchantability or fitness for purpose of the Content. (b) My Lemmings Pty Ltd does not warrant or represent that http://wikifashion.com will not cause damage or is free from any computer virus or any other defects or errors. (c) Where any law implies a warranty into these Terms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again. (d) Where liability cannot be excluded, any liability incurred by My Lemmings Pty Ltd in relation to the use of our Website or the Content is limited as provided under the Trade Practices Act 1974 (Cth). (e) Under no circumstances will My Lemmings Pty Ltd be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on it's Website provided by and edited by Contributors.

8. Uploading Content

8.1 Provision of perpetual license

On uploading Content to the Website, Contributors and Users represent and warrant in relation to the Content that: (a) You own (or have a right to use) the copyright in the Content that is uploaded onto the Website and the Content does not infringe any intellectual property right including, but not limited to: i) trade marks (whether registered or unregistered); ii) business names (whether registered or unregistered), iii) confidential information; and iv) copyright. (b) You provide My Lemmings Pty Ltd with a perpetual license to: i) copy; ii) edit; iii) publish; iv) reproduce; v) sublicense; vi) or otherwise distribute the Content in any way and in any material form that My Lemmings Pty Ltd determines at its absolute discretion. (c) You have acquired the Content from a source that allows the reuse of the image or Content, for instance because the Content is in the public domain or it is subject to license conditions that allow for this. (d) Content uploaded to wikifashion.com is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; (e) the Content is not the ‘passing off’ of any product or service and does not constitute unfair competition; (f) the Content does not specifically advertise your goods or services in an overt or obvious way; (g) the Content does not make any overt or unsubstantiated claims about a product or service; (h) the Content does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the i) Trade Practices Act 1974 (Cth); ii) Fair Trading Act 1989 (Qld) iii) Copyright Act 1968 (Cth); iv) Trade Marks Act 1995 (Cth); (i) and equivalent state and territory legislation and any other legislative body competent to legislate in relation to wikifashion.com or any law in any country where the Content is or will be available electronically to Users of wikifashion.com.

8.2 Role of My Lemmings Pty Ltd

The Contributors and Users acknowledge in relation to the role of My Lemmings Pty Ltd that: (a) it does not moderate, control or authorise the activities of Contributors in posting Content to wikifashion.com, except and unless any infringing conduct is reported by Contributors or User to the website Administrator in which case it will be removed as soon as is reasonably possible; (b) it does not authorise, approve or is in a relationship of Agency with the Contributors who edit and moderated the Content on the Website as they see fit; (c) the Contributors and the Contributors alone, will be responsible for any breach of any law that is caused directly or indirectly by uploading infringing Content that is illegal or breaches a third parties intellectual property rights; (d) it reserves the right to remove, delete, modify or change the Content that a Contributor uploads to the Website if it is put on notice that the Content is copyright to a third party or is notified by a Court that Content is an infringement.

9. Copyright in Content

(a) Unless otherwise indicated, My Lemmings Pty Ltd reserves all copyright in the Content and design of wikifashion.com. (b) My Lemmings Pty Ltd owns all such copyright or uses it under licence or applicable law to Users of Users of wikifashion.com. (c) Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of My Lemmings Pty Ltd. (d) My Lemmings Pty Ltd is the owner of several trade marks which appear on its Website. Unauthorised use of these trade marks will infringe our intellectual property rights. (e) My Lemmings Pty Ltd reserves all other rights in Content and wikifashion.com.

10. Blocking accounts

(a) Contributors who repeatedly post copyrighted Content despite appropriate warnings may be blocked from editing by an Administrator without notice. (b) Contributors and Users acknowledge that they may have their account removed at any time at the absolute discretion of My Lemmings Pty Ltd in the event that any Content uploaded to this site is deemed to breach these Terms and Conditions.

11. Improvements and Website modifications

My Lemmings Pty Ltd welcomes ideas and feedback from Users about all aspects of wikifashion.com. You agree that My Lemmings Pty Ltd may reproduce, distribute, transmit, create derivative works of, and publicly display any Contents and other information (including ideas for new or improved products and services) that You submit to any public areas of wikifashion.com or by email to the Administrators of wikifashion.com.

12. Miscellaneous provisions

12.1 Links from wikifashion.com

(a) My Lemmings Pty Ltd makes no warranties or representations that Content on other websites to which our Website is linked does not infringe the intellectual property rights of any person anywhere in the world. (b) My Lemmings Pty Ltd is not authorising infringement of any intellectual property rights contained in Content on other sites by linking to these sites.

12.2 Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

12.3 Applicable Law

These Website Terms and Conditions and the Content on My Lemmings Pty Ltd's Website are governed by the law applicable in the State of Queensland, Australia.

12.4 Jurisdiction

My Lemmings Pty Ltd the Contributors and Users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia in the event of a dispute over these Terms and Conditions or the Content contained herein.

12.5 Indemnity

By using wikifashion.com, You indemnify My Lemmings Pty Ltd and its respective directors, officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that My Lemmings Pty Ltd incurs or suffers as a direct or indirect result of: (a) a breach by You of these Terms and Conditions; (b) an actual or alleged breach by You of any law, legislation, regulation, by-law or code of conduct caused by Content uploaded or downloaded from our Website; and (c) any claims brought by or on behalf of any third party relating to any act or omission by You, including breach of a third parties copyright or trade mark.

12.6 Changes to Terms and Conditions

My Lemmings Pty Ltd may change these Terms and Conditions at its discretion by providing notice on our Website. The current version of the Terms and Conditions will be available on our Website at any time.

12.7 Waiver

If My Lemmings Pty Ltd does not act in relation to a particular breach by You of these Terms and Conditions, this will not be treated as a waiver by My Lemmings Pty Ltd of our right to act with respect to subsequent or similar breaches.

12.8 Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between My Lemmings Pty Ltd and You the Contributors or Users. Any contact with Customer Service Officers of My Lemmings Pty Ltd that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions.