HOPE: Preventing Euthanasia & Assisted Suicide (Inc.) ("HOPE", "we," “our” or "us") operates the HOPE website.
- Who May Use the Website
- License to Use the Website
- Licenses Granted by You
- Code of Conduct; Prohibited Activities
- Term and Termination; Account Deletion
- Disclaimers; Limitation of Liability
- Content Restrictions
- Your Representations and Warranties
- Third Party Copyrights and Other Rights
- General Provisions
1. WHO MAY USE THE WEBSITE
You must be at least 15 years old to use the website. By using the website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. LICENCE TO USE THE WEBSITE
We are the owner or authorised user of any trade marks appearing on the website and are the copyright owner or licensee of the content and information on the website, unless indicated otherwise.
We grant to you a limited, non-exclusive licence to access and use the website for your own personal, non-commercial purposes. This licence is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by us in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the website or its content in any way. Nor will you take any measures to interfere with or damage the website. All rights not expressly granted by us are reserved.
You may register a user account to undertake certain activities and use certain services through our website.
If you register a user account using your Facebook login or Twitter login, you will be asked to sign-in to our website using that login. If you do so, you are asking that third party website or mobile application to authenticate you or connect you with your user account on our website and you authorize us to access and use certain Facebook or Twitter account information subject to the further terms and conditions displayed to you by Facebook or Twitter when you log in.
Please take precautions to protect your password and contact us using the contact details at the end of these Terms of Service if you believe your account has been accessed by an unauthorized person.
- What information we may collect about you;
- For what purpose we may use that information;
- What third-party information, if any, you are agreeing to share by using the website; and
- With whom we share that information.
5. LICENCES GRANTED BY YOU
You grant to us and our affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from any content you share or post using the website. In addition, you unconditionally consent to us and our affiliates doing or omitting to do anything where such act or omission would otherwise infringe any of your moral rights in your content. You further grant all other users of the website permission to view your content for their personal, non-commercial purposes. If you make suggestions to us on improving or adding new features to the website, we shall have the right to use your suggestions without any acknowledgment or compensation to you.
6. CODE OF CONDUCT; PROHIBITED ACTIVITIES
In using the website, you must behave in a civil and respectful manner at all times. Further, you agree that you will not:
- harass or stalk any other person;
- harm or exploit minors;
- act in a deceptive manner by, among other things, impersonating any person;
- collect information about others without their informed prior consent;
- solicit the login information or access another user's account;
- express or imply that any statements you make are endorsed by HOPE without our specific prior written consent;
- remove, cover or obscure any advertisement included on the website;
- distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the security features, navigational structure or presentation of the website or its contents;
- interfere with or disrupt the website or the servers or networks connected to the website; or
- post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
We have the right, but not the obligation, to monitor all conduct on and content submitted to the website.
7. TERM AND TERMINATION; ACCOUNT DELETION
HOPE or you may delete your user account at any time.
In addition, we may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content is likely to damage our reputation or goodwill. If we delete your user account for the foregoing reasons, you may not re-register under a different name.
Upon termination of your user account, all licenses granted by us to you will terminate but sections 5 to13 inclusive of these Terms of Service will survive. In the event of account deletion for any reason, content that you submitted may no longer be available and we shall not be responsible for the loss of such content.
8. DISCLAIMERS; LIMITATION OF LIABILITY
You are solely responsible for your interactions with other users of our website. We do not inquire into the backgrounds of any of our users or registered users or attempt to verify their statements. You understand that we do not conduct criminal background checks on our registered users but we reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records. We make no representations or warranties as to the conduct of any users or registered users or their compatibility with any current or future user or registered user.
To the maximum extent permissible by law, we exclude all liability for any damages whatsoever (in contract, tort (including negligence), breach of statutory duty or otherwise even if foreseeable), whether direct, indirect, general, special, exemplary, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the website, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting from communications or meetings with other users of the website or persons you meet through using the website. You agree to take reasonable precautions in all interactions with other users of the website, particularly if you decide to meet offline or in person.
We reserve the right to modify website and we do not guarantee that the website or any content on it will always be available or be uninterrupted. You are responsible for providing your own access to website. We have no obligation to screen or monitor any content posted by a user and do not guarantee that any content posted by a user available on the website complies with this Agreement or is suitable for all users.
We provide the website on an "as is" and "as available" basis. You therefore use the website at your own risk. To the maximum extent permissible by law, we expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, HOPE makes no representations or warranties:
- that the website will be permitted in your jurisdiction;
- that the website will be available, uninterrupted or error-free;
- concerning any content submitted by any user;
- concerning any third party's use of content that you submit;
- that any content you submit will be made available on the website or will be stored by us;
- that we will continue to support any particular feature of website; or
- concerning sites and resources outside of the website, even if linked to or from the website.
To the extent any disclaimer or limitation of liability does not apply, our liability will be limited in the aggregate for all claims made by you in relation to the website of any amount you have paid us in the past 12 months or $100, whichever is the greater.
9. CONTENT RESTRICTIONS
You must not upload, post, or transmit (collectively, "submit") any content to or using the website that:
- is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- contains sexually explicit content;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes an illegal or unauthorised copy of another person's copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- promotes or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- infringes any third party's copyright or other intellectual property rights (e.g., trade marks), or privacy rights; or
- breaches any applicable law or regulation.
10. YOUR REPRESENTATIONS AND WARRANTIES
For any content that you submit using the website, you represent and warrant that: (i) you have the right to use and submit the content to us using the website and grant the licences set out above; (ii) we do not need to obtain licences from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless HOPE and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities in relation to the website; (ii) assert a violation by you of any term of this Agreement; and (iii) assert that any content you submitted to the website violates any law or infringes any third party right, including any intellectual property or privacy right.
12. THIRD PARTY COPYRIGHT AND OTHER RIGHTS POLICY
We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the website do not infringe any third party copyright.
We will promptly remove materials if we believe that the materials may infringe a third party's copyright or other intellectual property rights. In addition, we may, in appropriate circumstances, terminate the registered user accounts of repeat infringers.
We will consider requests for a refund of a donation received through our website. Any request for a refund received within 5 business days of funds being donated will be reviewed and where a reasonable request is received, donated funds will be refunded. Changes may be made to future recurring donations at any time. To dispute a transaction, or request a refund for a donation, please contact us using our contact details at the end of these Terms of Service clearly stating the reason for your request. We will review your request and respond with a final decision within a further 5 business days.
14. GENERAL PROVISIONS
GOVERNING LAW: This Agreement shall be governed by the laws of New South Wales, Australia.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the website must be commenced in the state or federal courts located in Sydney, Australia (and you consent to the jurisdiction of those courts).
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by us in exercising any right hereunder will waive any further exercise of that right. HOPE's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without our prior written consent. We may assign this Agreement to our affiliates or successors without your consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically using the details you submitted in your registered user account. We may provide all such communications by email or by posting them on the website.
HOW TO CONTACT US: Support-related inquiries, complaints or notices of a nature may be sent by you to us using the following contact details:
HOPE: Preventing Euthanasia & Assisted Suicide (Inc.)
ABN: 73 872 401 975
Address: PO Box 229, Marden SA 5070, Australia
Telephone: 1300 284 317