Wikifashion:Terms of Use

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Licence

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORISED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

View our Terms of Service prior to 26th of October 2011

1. Definitions

  1. "Collection" means the Work in its entirety in unmodified form along with one or more other separate and independent works, assembled into a collective whole. A Collection may, for example, include a periodical, encyclopedia or anthology. A Collection will not be considered a Derivative Work for the purposes of this Licence.
  2. "Commercial" means primarily intended for or directed towards commercial advantage or private monetary compensation. The exchange of the Work for other copyright works by means of digital file-sharing or otherwise shall not be considered to be Commercial, provided there is no payment of any monetary compensation in connection with the exchange of copyright works.
  3. "Derivative Work" means material in any form that is created by editing, modifying or adapting the Work, a substantial part of the Work, or the Work and other pre-existing works. Derivative Works may, for example, include a translation, adaptation, musical arrangement, dramatisation, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be transformed or adapted, except that a Collection will not be considered a Derivative Work for the purpose of this Licence. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this Licence.
  4. "Distribute" means to make available to the public by any means, including publication, electronic communication, or broadcast.
  5. "Licence Elements" means the following high-level licence attributes indicated in the title of this Licence: Attribution, NonCommercial, ShareAlike.
  6. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this Licence.
  7. "Original Author" means the individual, individuals, entity or entities who created the Work.
  8. "Reproduce" means to make a copy of the Work in any material form (eg storage in digital form).
  9. "Work" means the material (including any work or other subject matter) protected by copyright which is offered under the terms of this Licence. This may include (without limitation) a literary, dramatic, musical or artistic work; a sound recording or cinematograph film; a published edition of a literary, dramatic, musical or artistic work; or a television or sound broadcast.
  10. "You" means an individual or entity exercising rights under this Licence who has not previously violated the terms of this Licence with respect to the Work, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.

2. Fair Dealing and Other Rights

Nothing in this Licence is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions under copyright law or any other applicable laws.

3. Licence Grant

3A Grant of Rights

Provided that the terms set out in this Licence are satisfied, the Licensor grants to You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) licence to exercise the following rights:

  1. Reproduce the Work;
  2. incorporate the Work into one or more Collections;
  3. Reproduce the Work as incorporated in any Collection;
  4. create and Reproduce one or more Derivative Works; and
  5. Distribute and publicly perform the Work, a Derivative Work or the Work as incorporated in any Collection.

3B Media and Formats

The above rights may be exercised in any media or format whether now known or hereafter created. They include the right to make modifications that are technically necessary to exercise the rights in other media and formats.

3C Other Rights Reserved

All rights not expressly granted by the Licensor are reserved. This includes the right to collect royalties, whether individually or via a licensing body such as a collecting society, for any Commercial use of the Work. The Licensor waives the right to collect royalties for any exercise by You of the rights granted under this Licence.

4. Restrictions

The licence granted above is limited by the following restrictions:

4A Restrictions on Distribution and Public Performance of the Work

  1. You may Distribute and publicly perform the Work only under the terms of this Licence.
  2. You must include a copy of, or the Uniform Resource Identifier (such as a web link) for, this Licence with every copy of the Work You Distribute or publicly perform.
  3. You must not offer or impose any terms on the Work that restrict this Licence or the ability of a recipient of the Work from You to exercise the rights granted to them by this Licence.
  4. You are not granted the right to sublicense the Work. The rights of recipients of the Work from You are governed by clause 9.
  5. You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work You Distribute or publicly perform.
  6. When You Distribute or publicly perform the Work, You must not impose any technological measures on it that restrict the ability of a recipient of the Work from You to exercise the rights granted to them by this Licence.
  7. For the avoidance of doubt, while this clause 4A applies to the Work as incorporated into a Collection, it does not require other material within the Collection, or the Collection apart from the Work itself, to be made subject to this Licence.

4B Restrictions on Distribution and Public Performance of Derivative Works

  1. You may only Distribute or publicly perform a Derivative Work if You apply one of the following licences to it:
    1. this Licence;
    2. a later version of this Licence with the same Licence Elements (such as Attribution-NonCommercial-ShareAlike 4.0 Australia); or
    3. a Creative Commons Unported licence or a licence from another jurisdiction (either this or a later version) that has the same Licence Elements (such as Attribution-NonCommercial-ShareAlike 3.0 Netherlands).
    In this clause 4B, whichever of the above licences You choose to apply to a Derivative Work is the "Applicable Licence".
  2. You must include a copy of, or the Uniform Resource Identifier (such as a web link) for, the Applicable Licence with every copy of the Derivative Work You Distribute or publicly perform.
  3. You must not impose any terms on the Derivative Work that restrict the Applicable Licence, or the ability of a recipient of the Derivative Work from You to exercise the rights granted to them by that licence.
  4. You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work as included in the Derivative Work that You Distribute or publicly perform.
  5. When You Distribute or publicly perform a Derivative Work You must not impose any technological measures on it that restrict the ability of a recipient of the Derivative Work from You to exercise the rights granted to them by the Applicable Licence.
  6. For the avoidance of doubt, while this clause 4B applies to any Derivative Work as incorporated into a Collection, it does not require other material within the Collection, or the Collection as a whole, to be made subject to the terms of the Applicable Licence.

4C Restrictions on Commercial Use

You may not exercise any of the rights granted to You by clause 3 above in any Commercial manner.

4D Attribution and Notice Requirements

  1. When You Distribute or publicly perform the Work or any Derivative Work or Collection You must keep intact all copyright notices for the Work.
  2. When You Distribute or publicly perform the Work or any Derivative Work or Collection You must provide, in a manner reasonable to the medium or means You are using:
    1. the name or pseudonym (if provided) of the Original Author and/or of any other party (such as a sponsor institute, publishing entity or journal) that the Original Author or Licensor has requested be attributed (such as in the copyright notice or terms of use). In this clause 4D these parties are referred to as "Attribution Parties";
    2. the title of the Work (if provided); and
    3. to the extent reasonably practicable, any Uniform Resource Identifier (such as a web link) that the Licensor specifies should be associated with the Work that refers to the copyright notice or licensing information for the Work.
  3. For any Derivative Work You Distribute or publicly perform, You must take reasonable steps to clearly identify that changes were made to the Work. For example, a translation could be marked "The original work was translated from English to Spanish".
  4. In the case of a Derivative Work or Collection, the above attribution should, at a minimum, appear as part of any credits for other contributing authors and be as prominent as the credits for those other authors.
  5. You must, to the extent practicable, remove the above attribution from any Collection or Derivative Work if requested to do so by the Licensor or Original Author.
  6. For the avoidance of doubt, You may only use the credit required by this clause 4D for the purpose of attribution in the manner set out above. By exercising Your rights under this Licence, You must not assert or imply: any connection between the Original Author, Licensor or any other Attribution Party and You or Your use of the Work; or sponsorship or endorsement by the Original Author, Licensor or any other Attribution Party of You or Your use of the Work, without their separate, express prior written permission.

4E Moral Rights

Moral rights remain unaffected to the extent they are recognised and nonwaivable at law. In this clause 4E, "moral rights" means the personal rights granted by law to the Original Author of a copyright work. For example, Part IX of the Copyright Act 1968 (Cth) grants authors the right of integrity of authorship, the right of attribution of authorship, and the right not to have authorship falsely attributed.

5. Representations, Warranties and Disclaimer

  1. Except as expressly stated in this Licence or otherwise agreed to by the parties in writing, and to the full extent permitted by applicable law, the Licensor offers the Work "as-is" and makes no representations, warranties or conditions of any kind concerning the Work, express, implied, statutory or otherwise. This includes, without limitation, any representations, warranties or conditions regarding:
    1. the contents or accuracy of the Work;
    2. title, merchantability, or fitness for a particular purpose;
    3. non-infringement;
    4. the absence of latent or other defects; or
    5. the presence or absence of errors, whether or not discoverable.
  2. The Competition and Consumer Law 2010 (Cth)imply certain warranties and conditions in certain circumstances, such as the right to supply or fitness for purpose of goods or services supplied to a consumer. Clause 5(a) cannot and is not intended to exclude, restrict or modify these warranties.

6. Limit of Liability

  1. To the full extent permitted by applicable law, and except for any liability arising from contrary agreement, in no event will the Licensor be liable to You on any legal basis (including without limitation, negligence) for any loss or damage whatsoever, including (without limitation):
    1. loss of production or operation time, loss, damage or corruption of data or records; or
    2. loss of anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; or
    3. any special, incidental, consequential, punitive or exemplary damages arising out of or in connection with this Licence or the use of the Work, even if the Licensor has been advised of the possibility of such damages.
  2. If applicable legislation implies warranties or conditions, or imposes obligations or liability on the Licensor in respect of this Licence that cannot be wholly or partly excluded, restricted or modified, the Licensor’s liability is limited, to the full extent permitted by the applicable legislation, at its option, to:
    1. in the case of goods, any one or more of the following:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of the goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods;
      • the payment of the cost of having the goods repaired; or
    2. in the case of services:
      • the supplying of the services again; or
      • the payment of the cost of having the services supplied again.
  3. The Competition and Consumer Act 2010 (Cth)restrict the limitation of liability in certain circumstances, such as a contract for the supply of goods or services of a kind ordinarily acquired for personal, domestic, or household use. Clauses 6(a) and 6(b) cannot and are not intended to apply in circumstances where it is prohibited by law.

7. Termination

This Licence and the rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of the Licence. Individuals or entities who have received a Derivative Work or a Collection from You pursuant to this Licence, however, will not have their licences terminated provided they remain in full compliance with those licences. Clauses 1, 2, 5, 6, 7, 8, 9, 10, 11, 12 and 13 shall survive any termination of this Licence.

8. Licensor’s Rights Retained

Subject to the above terms, the Licence granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding this, the Licensor reserves the right to release the Work under different licence terms or to stop distributing the Work at any time. However, any such release will not serve to withdraw this Licence (or any other licence that has been granted under the terms of this Licence), and this Licence will continue in full force and effect unless terminated as stated above.

9. Licence Grant to Recipients of the Work from You

Each time You Distribute or publicly perform the Work, a Derivative Work or a Collection the Licensor offers the recipient a licence to the Work on the same terms as are granted to You under this Licence.

10. Severability

If any provision of this Licence is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence. Without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

11. Waivers and Consents

No term of this Licence shall be deemed waived and no breach consented to unless such waiver or consent is in writing and signed by the relevant party.

12. Entire Agreement

This Licence constitutes the entire agreement between the parties. To the full extent permitted by law, there are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication from You. This Licence may not be modified without the written agreement of the Licensor and You.

13. Governing Law

The construction, validity and performance of this Licence shall be governed by the laws in force in Queensland, Australia.

1. Additional Terms of Use

These additional terms and conditions apply to Users, Contributors and Administrators who upload or amend or view Content (Text,Data,Sounds,Images or any combination thereof) which are the subject to the terms and conditions of the Creative Commons Licence provided above.

  1. 1.1 Definitions that apply to these additional Terms of Use Website means the site located at the url: www.wikifashion.com. An Administrator is a person appointed by the Website Operator to edit the Content on the Site. A Contributor is a person who is capable of editing or amending the Website. Website Operator means My Lemmings Pty Ltd ACN 122 314 596. A User is someone that browses the Content on the Website.
  2. 1.2 Contribution of Content On uploading Content to the Website, Contributors and Users represent and warrant in relation to the Content that:
    1. 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.
    2. You have acquired the Content from a source that allows its reuse or You are the original author of the Content, or otherwise permitted to distribute the Content;
    3. Content uploaded to our Website is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
    4. the Content is not the ‘passing off’ of any product or service and does not constitute unfair competition;
    5. the Content does not specifically advertise Your goods or services in an overt or obvious way;
    6. the Content does not make any overt or unsubstantiated claims about a product or service;
    7. the Content does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to:
      1. Competition and Consumer Act 2001 (Cth);
      2. Copyright Act 1968 (Cth);
      3. Trade Marks Act 1995 (Cth);
      4. The Broadcasting Services Act 1992 (Cth).


2. Moderation of Content

The Website Operator:

  1. takes all reasonable steps to monitor Content uploaded by Contributors, however we do 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 Users to the website Administrator as provided by Clause 3 below in which case it will be removed as soon as is reasonably possible;
  2. does not authorise, approve or is in a relationship of agency with the Contributors who edit and moderate the Content on the Website as they see fit;
  3. 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;
  4. 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 or represents an attempt to overtly advertise a third party’s goods or services.

3. Take down procedure

The Website Operator aims to remove all Content as soon as reasonably practical after we are notified that it may be a breach of copyright, other intellectual property rights, is defamatory or otherwise claimed to be offensive or illegal. To notify us of a claimed infringement of Copyright please send a notification to contact [at] wikifashion.com

PO Box 1877, Toowong QLD 4066 Australia that includes the following information:

  1. 3.1 the alleged content in which copyright is claimed and its location on the Website;

  2. 3.2 information about the complaining party (Complainant) including for example:
    1. 3.2.1 address;
    2. 3.2.2 telephone number (land line and mobile); and
    3. 3.2.3 email address;
    4. 3.2.4 an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringing Content;
    5. 3.2.5 identification of the Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Us to locate the Content;
    6. 3.2.6 a statement that the complaining party has a good faith belief that use of the Content in the manner complained of is not authorised by the copyright owner, agent, or the law; and
    7. 3.2.7 a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing. Contributors and Administrators acknowledge and agree that if the Website Operator receives a notice of a claim of copyright infringement, we must immediately remove the Content from the Site without further notice to the person that uploaded it. To notify us of Content that You believe should be removed from the Website other than because of alleged Copyright infringement, please send an email to designatedagent@wikifashion.com.au. Address for correspondence: PO Box 1877 Toowong QLD 4066 Australia

4. Links from our Website

The Website Operator 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. The Website Operator is not authorising infringement of any intellectual property rights contained in Content on other sites by linking to these sites.

5. Blocking Accounts

Contributors who repeatedly post copyrighted Content despite appropriate warnings may be blocked from editing by an Administrator without notice. Contributors and Users acknowledge that they may have their account removed at any time at the absolute discretion of the Website Operator in the event that any Content uploaded to the Website is deemed to breach these Terms of Use.

6. Limitation of Liability

The Website Owner makes it's Website available for Users to use, however it does not assume a duty of care to Users. The Website Owner

  1. 6.1 makes no warranties or representations regarding the accuracy, quality, completeness, merchantability or fitness for purpose of the Content.
  2. 6.2 does not warrant or represent that its Website will not cause damage or is free from any computer virus or any other defects or errors.

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. Where liability cannot be excluded, any liability incurred by the Website Owner in relation to the use of our Website or the Content is limited as provided under the Commonwealth Competition and Consumer Act 2011(Cth). Under no circumstances will the Website Owner 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.

7. Privacy Policy

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

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