Website Terms of Use

Last update: 17 July 2018

These terms govern all use of the Content and the website activelegalmedia.com.au (“Active Legal Media website”) owned and operated by Lift Legal Pty Ltd (ABN 57 167 389 853) trading as Active Legal Media (Active Legal Media), by using the Content and/or using or visiting this website or any sub domain you agree, without limitation or qualification, to be bound by and to comply with these terms of service and any other posted guidelines or rules required by Active Legal Media.

In these terms and in any agreement that includes these terms by reference Content means any content on the Active Legal Media website and any content of any kind provided to you by Active Legal Media, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, newsletter articles, blog posts, website content, interactive features and the like.

You acknowledge and agree that if you use any services provide by Active Legal Media you are further subject to Active Legal Media’s Privacy Policy located at https://activelegalmedia.com.au/privacy (“Privacy Policy”).

Active Legal Media reserves the right, at its sole discretion, to alter or update these terms of service or the Privacy Policy at any time with or without notice including, without limitation, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics.

By continuing to use the Active Legal Media website or any content (of any kind) provided to you by Active Legal Media after any such changes, you agree to be bound by subsequent changes and acknowledge that Active Legal Media shall have no liability to you as a result of any such changes.

Active Legal Media website

These terms of service apply to all users and visitors to the Active Legal Media website, including users who are also contributors of content, information, and other materials or services on the website.

The Active Legal Media website may contain links to the websites of third parties on which you may be able to obtain content and/or download software.

Except as otherwise noted, such third party websites, and such content and software are provided by companies which are not affiliated with and independent of Active Legal Media. Active Legal Media does not endorse or make any representations or warranties concerning such websites, and may not have reviewed such content or software. Active Legal Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Active Legal Media cannot censor or edit the content of any third-party site. Therefore, Active Legal Media makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor does Active Legal Media necessarily endorse such websites or sources.

By using the Active Legal Media website, you expressly relieve Active Legal Media from any and all liability arising from your use of any third-party website. Accordingly, when you leave the Active Legal Media website we encourage you to read the terms and conditions and Privacy Policy of each other website that you visit.

Active Legal Media website access

Active Legal Media hereby grants you permission to use the website as set out in these terms of service, provided that:

  • your use of the website as permitted is solely for your personal, non-commercial use;
  • you will not copy or distribute any part of the website in any medium without Active Legal Media’s prior written authorisation; and
  • you will otherwise comply with the terms and conditions of these terms of service and will not use the website in violation of the law or these terms of service.

Intellectual property rights

The Content and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to Active Legal Media, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.

The Content is provided to you as is for your information and personal use in accordance with any agreement between you and Active Legal Media only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Active Legal Media or the respective owners.

Active Legal Media reserve all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted in these terms of service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Active Legal Media website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Active Legal Media website or the Content therein.

It is the policy of Active Legal Media to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the applicable intellectual property laws.

Display of the Content

Copyright in the Content will remain with Active Legal Media at all times. If you are a paying client or customer of Active Legal Media you are free to use the Content in accordance with the terms of your agreement with Active Legal Media. Your right to to use the Content is otherwise limited to the display of the Content on you website, in any newsletter distributed on your behalf by Active Legal Media or as otherwise consented to in writing by Active Legal Media in its absolute discretion. The licence to display the Content on your website will be renewed annually and will continue during the period that you remain as a paying customer or client of Active Legal Media.

User content

Unless otherwise agreed in a writing signed by Active Legal Media, by submitting content of any kind, including without limitation, text, photos, video, data or other materials either directly to Active Legal Media or through the website (collectively, “materials”), you hereby grant to Active Legal Media a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sub-licensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sub-license the foregoing rights through multiple tiers.

You further grant to Active Legal Media a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the materials.

Interactive areas

The Active Legal Media website may offer forums, blogs, comment areas, bulletin boards and chat rooms (collectively, “forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Active Legal Media does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums.

Please use your best judgment, and be respectful of other individuals using these forums. Do not use vulgar, abusive or hateful language.

You may not use the forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the website without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

Any information you disclose when posting a message in these forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Active Legal Media responsible for any third party’s use of information contained in such posting.

Active Legal Media rights

Active Legal Media does not monitor all of the materials posted or transmitted by you and other third-party information providers via the website, including, without limitation, any materials posted via the forums. You expressly agree that Active Legal Media:

  • will not be liable for such materials; and
  • reserves the right to review, reject, delete, remove, modify, or edit any materials at any time for any reason, without liability and without notice to you.

Representations and Warranties

You hereby represent and warrant that:

  • you have all necessary authority, rights and permissions to submit the materials and grant the licenses described in these terms,
    the materials are accurate, current and complete,
  • the materials and your use of the Active Legal Media website shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights,
  • the materials and your use of the Active Legal Media website shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person;
  • your participation on or use of the Active Legal Media website shall not violate any agreements between you and a third party.

Indemnification

You agree to indemnify and hold Active Legal Media, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, losses or expenses, including, without limitation, reasonable legal fees, arising from or related to:

  • the materials you provide,
  • your use of the Active Legal Media website in breach of these terms,
    your breach of these terms, and
  • any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.

Prohibited activities

The following is a non-exhaustive list of the kinds of activities that are prohibited on or through the Active Legal Media website:

  • submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • engaging in activities or submitting materials that could be harmful to minors;
  • engaging in activity or submitting materials that harasses or advocates harassment of another person;
  • engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about site users, including names, phone numbers, addresses, email addresses, (collectively, “user data”) without their consent;
  • engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • submitting materials that contain restricted or password only access pages, or hidden pages or images;
  • submitting materials that displays pornographic or sexually explicit material of any kind;
  • submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • submitting materials that contain viruses, trojan horses, worms, or any other similar forms of malware,
  • engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users;
  • engaging in unauthorised commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
  • using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorised purpose without Active Legal Media’s prior written consent;
  • using any device, software, or routine to interfere or attempt to interfere with the proper working of the website;
  • decompiling, reverse engineering, or disassembling the software or attempting to do so; or
  • taking any action that imposes an unreasonable or disproportionately large load on the Active Legal Media website or Active Legal Media’s hardware and software infrastructure or that of any of its licensors or suppliers.

Warranty disclaimer

You agree that your use of the Active Legal Media website shall be at your sole risk. Active Legal Media makes 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 assumes no liability or responsibility, including, without limiting to, 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 website,
  • any unauthorised 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 website,
  • any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website 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 Active Legal Media website.

Active Legal Media does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Active Legal Media website or any hyperlinked website or featured in any banner or other advertising, and Active Legal Media 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.

To the fullest extent permitted by law, Active Legal Media, its officers, directors, employees, and agents disclaim all warranties, whether express or implied, as to any matter whatsoever relating to the website and any information, content, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

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.

Limitation of liability

In no event shall Active Legal Media, its officers, directors, employees, or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever relating to this agreement, including, without limited to, those resulting from 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 website,
  • any unauthorised access to, or use resulting therefrom, 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 website,
  • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website 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 your use of any content posted, emailed, transmitted, or otherwise made available via the Active Legal Media website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You specifically acknowledge that Active Legal Media shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Ability to accept terms of service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms of service, and to abide by and comply with these terms of service.

In any case, you affirm that you are over the age of 16, as the Active Legal Media website is not intended for children under 16. If you are under 16 years of age, then please do not use the Active Legal Media website.

Termination

If, for any reason, you cease to be a paying customer or client of Active Legal Media for any reason your right to use the Content, including the display of the Content on your website, will automatically terminate 12 months after termination of your agreement with Active Legal Media or 12 months after the expiration of the term of your contract with Active Legal Media whichever is the earlier.

Assignment

These terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Active Legal Media without restriction.

Service changes

Active Legal Media reserves the right with or without notice to the user at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Active Legal Media shall have no liability to any user or any third party should Active Legal Media modify or discontinue service.

General

You agree that:

  • the Active Legal Media Website shall be deemed solely based in Sydney, New South Wales; and
  • these terms of service shall be governed by the internal substantive laws of the State of New South Wales, without respect to its conflict of laws principles.
  • any claim or dispute between you and Active Legal Media that arises in whole or in part from the Active Legal Media Website shall be decided exclusively by a court of competent jurisdiction located in New South Wales.
  • these terms of service and any other legal notices published by Active Legal Media on the Website, shall constitute the entire agreement between you and Active Legal Media concerning the Active Legal Media Website.
  • if any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect.
  • no waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Active Legal Media’s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.

Active Legal Media reserves the right to amend these terms of service at any time and without prior notice, and it is your responsibility to review these terms of service for any changes.

Your use of the Active Legal Media Website or any content (of any kind) provided to you by Active Legal Media following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.

You and Active Legal Media agree that any cause of action arising out of or related to the Active Legal Media website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

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