National Design Archive | Site terms of use
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These terms and conditions of use ('terms') apply to the Australian National Design Archive website, located at www.designarchive.org.au, and all subsidiary pages. The site is maintained by Komodo CMS Pty Ltd (ABN 35 080 392 865) on behalf of the Australian National Design Archive, ('site', 'archive', 'we', 'us' or 'our').
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BY USING THIS SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.
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This agreement is made by and between Komodo CMS Pty Ltd on behalf of the Australian National Design Archive, and you.
We reserve the right at our sole discretion, to change, modify, add or remove portions of the terms of use or the website, including any content, product, service or feature of the site. Your use of the site shall constitute acceptance of any such changes.
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Ownership, copyright and proprietary rights
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This site is operated by Komodo CMS Pty Ltd as the public entry point to an archive representing a broad group of organisations and individuals who have provided material for the Australian National Design Archive.
The underlying software, all pages, images, text, multimedia and content describing the purpose of the site, the activities of the site, including news and events, WITH THE EXCEPTION OF ARCHIVE MATERIALS, are the sole property of Komodo CMS Pty Ltd, unless otherwise clearly specified.
All submitted design works, design research and other artistic works remain the copyright of their respective authors unless otherwise identified. Reproduction or other use of any material outside of the domain of this site is strictly prohibited without the written authority of the individual rights holders unless specifically stated, as permitted under the Australian Copyright Act 1968.
If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provide using the link at the base of this page.
Brand names and trademarks are the property of their respective owners.
Endorsements, commentary, images, links to third-party sites where they contain product names, company names, trademarks or other proprietary components remain the property of their respective owners.
Images used for decoration of this site have been purchased as royalty free stock images under licence or are provided for display by their respective owners.
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Site software
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Use of the software that manages and publishes this site (Komodo CMS) is subject to the Komodo CMS End User License Agreement (EULA) which is provided with purchase of this software. The agreement can also be obtained by contacting Komodo CMS for a copy of the current agreement.
Komodo CMS will actively and aggressively enforce its intellectual property rights to the fullest extent of the law. Komodo CMS is a proprietary product, and the illegal copying of software programs is a crime. Please report any piracy of the Komodo CMS software by contacting Komodo CMS or by contacting the Business Software Alliance (BSA).
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Use of the site - accounts, passwords and security
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Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Australian National Design Archive or by any other user of the website due to someone else using your account and password.
You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. You may be liable for any loss or damage arising from your failure to comply with these obligations.
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Privacy statement
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By using this site, you acknowledge that internet transmissions are never completely private or secure.
We are committed to protecting user privacy and complying with the Australian National Privacy Principles and other internationally accepted privacy protocols.
We understand and appreciate that visitors and users of this website are concerned about their privacy, and the confidentiality and security of any information that may be provided to us. Please contact us if you are concerned about our practices in relation to the collection, use, and storage of information that you may provide via this website and we will provide you with a more detailed privacy statement.
By using this website you consent to the collection, use, disclosure and storage of information in accordance with the Privacy Amendment (Private Sector) Act 2000.
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Links to other sites
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This site contains links to independent third-party websites. The sites are provided for convenience and are not under our control or ownership. We do not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites.
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Idea submission, feedback and comments
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We do not solicit ideas for products, marketing, enhancements or any other creative suggestions or individual works. Please do not send unsolicited ideas to us or anyone connected with this site or the underlying archive. If, despite this request, you send unsolicited ideas, regardless of what your communication states, then you agree that your ideas will automatically become the property of Komodo CMS Pty Ltd as the manager and operator of this site, without compensation to you, and we may use the ideas for any purpose. We have a strict policy on 'clean-room' development of intellectual property and this policy is enacted to avoid any confusion over intellectual property rights.
All support and feedback mechanisms are provided to improve the quality of the site and this service, by using these mechanisms, you agree that all content, suggestions and feedback become the sole property of Komodo CMS Pty Ltd as operator of the site without compensation.
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General code of conduct
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While using this site or site related services, you agree not to ...
– restrict or inhibit any other user from using and enjoying the site,
– upload or transmit any content which is unlawful, fraudulent, harmful or obscene,
– breach copyright or impinge other intellectual property rights,
– upload or transmit any form of unauthorized solicitation (including spam),
– upload or transmit any malicious content or disruptive component (including viruses and worms),
– probe, scan or test the vulnerability of the site or any network connected to the site,
– interfere with or disrupt site infrastructure (including denial of service attacks),
– upload or transmit content that you do not have a legal right to transmit,
– forge headers or manipulate identifiers in order to disguise the origin of a transmission,
– intentionally violate any applicable law,
– attempt to sell or illegally profit from this site, including disassembling or accessing underlying code,
– collect or store personal data about another user of this site, and
– impersonate another user of this site or gain access by impersonating another person or entity.
We have no obligation to enforce these requirements, unless instructed to do so at law, however you acknowledge that we may monitor the site and manage the site in any fashion that enables these terms to be enforced.
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Disclaimer and limitation of liability
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We do not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice.
We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against us for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties.
Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third-party due to or arising out of or in connection with your use of the site and or services.
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Violation of these terms of use
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We may preserve any transmittal or communication by you and may disclose this information if reasonably necessary to comply with legal process, enforce these terms of use, or protect the rights, property, and safety of the Australian National Design Archive and related parties.
Violation of these terms of use may lead to terminating your access to the site and we may seek remedies that are available at law or in equity.
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Waiver, assignment and applicable law
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No provision of this agreement can be waived except in writing by a member of the Foundation Council. No waiver shall be deemed a waiver of any preceding or subsequent breech.
You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without our prior written consent.
This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue.
Both parties agree to resolve any dispute promptly and in good faith. Where we are unable to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, then the parties may pursue any remedy available to them under Victorian law.
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Contact details
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If you have any questions, comments, or concerns about these terms of use or the information practices of this website, please contact us using the contact details provided on the contact page of this site.
This page was last updated on August 23, 2005.
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