Site Disclaimers

Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). Nothing in these Terms of Use excludes any rights you have under the ACL in respect of the Site. Subject to the previous sentence, you acknowledge that your use of the Site, Our Content, Your Content, User Content and Linked Sites, is entirely at your own risk and are provided without warranty, either express or implied.

Liability and indemnity

To the extent permitted by law, The Eternal Headonist and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising, (whether in negligence or otherwise) in connection with:

(a) your failure to comply with these Terms of Use;

(b) your use, misuse of reliance on the Site, Our Content, User Content or Linked Sites;

(c) your Content, including its use, misuse or misappropriation; or

Copyright (Our Content) 

If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure.

Your Content

You may be able to upload and publish materials to or through the Site, including text, images, information, comments and other data, via email, comment, post, blog, enquiry or other means (Content). You own any Content you upload and publish (Your Content). Other Users own any Content they upload and publish (User Content).

Responsibility for Your Content

You create and provide us with Your Content at your own risk and you are personally responsible and liable for Your Content. By uploading and publishing Your Content, you acknowledge that it does not contain any confidential information and may be seen by others.

The Eternal Headonist has discretion of the use of Your Content on the Site. We are not obliged to use, maintain or display Your Content on the Site. If we do use Your Content we may use it to publicise and promote us and the Site. You are not entitled to any payment from us for Your Content or our use of it.

Prohibitions on Your Content

Your Content must not include anything which:

(a) you do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements);

(b) reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses;

(c) infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or

(d) is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal.

If you fail to abide by these prohibitions on your content, you may receive an email from The Eternal Headonist informing you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of The Eternal Headonist.

Our use of Your Content

By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use in any way, part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so. The Eternal Headonist, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world. 

Monitoring, modification and removal of Content

We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site.

We may, but have no obligation to, amend, supplement, delete or update Our Content (defined below), Your Content or User Content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content) that we become aware of, without notifying you.

Interactions with other Users

Other Users may not comply with these Terms of Use and could post Content which breaches our Terms of Use. You should take care when interacting with other Users of the Site.

You indemnify and hold us harmless for any actions of any other User and any dispute or claim that you may make against any other User, irrespective of whether it relates to the use of the Site. 

No illegal use

Termination

We may terminate your access to the Site (or any part of it) at any time without reason and without notice. These Terms of Use survive any such termination.