1. Acceptance
1.1 Your access to the Website is subject to these terms and any other terms and conditions imposed by Visionary Images from time to time, and notified on the Website (Terms).
1.2 By accessing the Website you:
(a) accept, and agree in full to, the Terms and the Privacy Policy; and
(b) represent and warrant that you have the right, authority and capacity to accept the Terms and the Privacy Policy and agree to abide by both the Terms and the Privacy Policy.
2. Changes to Terms
2.1 Visionary Images reserves the rights to change the Terms at any time without notice.
2.2 Any subsequent access to, or use of the Website or communication with Visionary Images will constitute an acceptance of any such changes.
3. Access
3.1 Visionary Images does not warrant that you will have continuous access to the Website. Visionary Images will not be liable if the Website is unavailable due to computer downtime or failure of an electronic or communicative device attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.
3.2 Visionary Images reserves the right to amend the information provided on the Website and to limit access or cease providing information on the Website.
4. Denial of Access
Visionary Images reserves the right at any time to:
(a) deny all or part of your access to the Website where in Visionary Images’ opinion you fail to comply with these Terms or the Privacy Policy.
(b) delete or prohibit Content;
(c) otherwise suspend your access to the Website without being obliged to give you a reason.
5. Content
5.1 Visionary Images reserves the right to change any information, comment, content communications, photos, text, designs, footage, film or other material (Content) contained on the Website without notice, and will not be liable in any way for possible consequences of such changes. Visionary Images endeavours to provide current and accurate Content, however such Content may contain errors. Visionary Images does not represent or warrant, any Content is current, accurate or complete, or that it is free from error, omission, interruption, defect, delay in operation or is appropriate for your specific requirements.
5.2 Content may be uploaded, submitted, communicated or provided by a third party. Visionary Images is not responsible for the accuracy, completeness or suitability of any information provided by third parties. If you have a complaint regarding any such Content, Visionary Images' sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, to modify or remove the particular Content.
5.3 Visionary Images has the right, but not the obligation, to block, monitor, review, edit, remove, modify, or decide not to post, display, or provide on the Website or any other medium any Content. Without limiting the foregoing, Visionary Images may remove, modify or decide not to provide or display Content that it considers, in its sole discretion, is or may be offensive, illegal, inappropriate, or otherwise unacceptable for any reason, or that might otherwise harm, endanger or violate the rights of any third party. Visionary Images takes no responsibility and assumes no liability for any Content you or any third party post, submit, transmit, communicate or otherwise provide on the Website or to Visionary Images.
5.4 Unless otherwise requested by Visionary Images, you should not provide through the Website, or in any communication with Visionary Images, any telephone number, street address, last name, URL or email address.
5.5 You agree to be solely responsible for any Content that you post, submit, transmit, communicate or otherwise provide over the Website or to Visionary Images. You warrant and represent that any Content that you post, submit, transmit, communicate or otherwise provide will not violate these Terms or the Privacy Policy.
6. Intellectual Property
6.1 For the purposes of these Terms, the term “Intellectual Property Rights” means all rights in respect of registered and unregistered copyright, patents, designs, trade marks, confidential information and circuit layout rights.
6.2 You acknowledge that you obtain no Intellectual Property Rights whatsoever in the Website.
6.3 If you post, submit, transmit, communicate or otherwise provide any Content and unless Visionary Images indicates otherwise, you:
(a) grant to Visionary Images a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content throughout the world in any media;
(b) grant to Visionary Images the right to use the Content as Visionary Images chooses; and
(c) represent and warrant that the Content does not infringe any third party Intellectual Property Rights and that you own or otherwise control all of the rights to the Content or that you have obtained all necessary authorisations and consents to post, submit, transmit, communicate or otherwise provide the Content, that the Content is accurate, that the use of the Content you supply does not violate these Terms and will not cause injury to any person.
7. Licence and Use
7.1 You agree that your use of the Website and any Content will be for lawful purposes, and in a manner that does not infringe the rights, restrict or inhibit the use and enjoyment of the Website by any third party.
7.2 The Website and any Content are supplied for informational purposes. All information and other Content contained in the Website, is owned or licensed by Visionary Images. Visionary Images grants you a limited licence to access and make personal use of the Website and any Content. All other copying, downloading, reproduction, duplication, distribution, adaptation, modification, exploitation, or commercial use or publication of such Content is strictly prohibited without prior authorisation from Visionary Images.
7.3 This licence does not include any commercial use of the Website or any Content, including but not limited to collecting third party names, email addresses or sending unsolicited communications. This licence expressly excludes using the Website or any communication or any Content howsoever received to advertise or solicit third parties to buy sell or hire products or services.
7.4 Any communication or Content that you post on the Website or otherwise provide or communicate to Visionary Images will be treated as non-confidential and non-proprietary information.
7.5 You agree that any Content submitted, by you in connection with the Website may be used for Visionary Images' purposes including, without limitation, exhibitions, projects, promotions, marketing and receiving government funding.
8. Links
8.1 The Website may contain links to websites (linked websites). These links are provided by Visionary Images for convenience only and may not remain current or be maintained. Visionary Images takes no responsibility for the content or operation of linked websites.
8.2 Links with linked websites do not imply that Visionary Images sponsors, endorses, approves, recommends or is affiliated with or associated with such websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated by Visionary Images to the contrary.
8.3 You are not permitted to link or frame the Website, any Content or any other communication received from Visionary Images without Visionary Images' express written permission.
9. Disclaimer of Warranties
9.1 Visionary Images makes no warranties or representations of any kind, express or implied, as to the operation of the Website, any Visionary Images project or promotion, the Content or the conduct of any users. You expressly agree that your use of the Website is at your sole risk.
9.2 Visionary Images makes no warranties or representations that the Website or any Content will not be subject to unauthorised access.
10. Limitation of Liability
10.1 You confirm that you have not relied on any representation, description, illustration or specification which is not expressly stated in these Terms.
10.2 To the fullest extent permissible by applicable law, Visionary Images disclaims all warranties, express or implied including but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event will Visionary Images be liable for any damages arising from the use or in connection with such use or loss of use of the Website. You take full responsibility for the downloading and operation of components provided on the Website onto your computers, networks or any electronic or communicative devices and do so at your own risk.
10.3 The maximum aggregate liability of Visionary Images for all proven losses, damages and claims arising out of these Terms, including liability for breach, in negligence or in tort for any other common law or statutory action, is limited in the aggregate of all claims to [$10].
10.4 Where Visionary Images liability cannot be excluded under any law, Visionary Images liability will be limited to, at its discretion, either re-supplying the Website to you or paying the cost or re-supplying the Website to you.
10.5 Despite any other clause, Visionary Images is not liable to you or to any other person for:
(a) any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by you; or
(b) any proven direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limitation any proven indirect or consequential loss or damage howsoever described or claimed.
11. Indemnity
11.1 You will fully indemnify and keep indemnified Visionary Images in respect of all loss, damage, liabilities, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, actions claims, demands and proceedings howsoever arising, whether at common law or statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website:
(c) your communications with Visionary Images;
(d) your participation or involvement in any Visionary Images project or promotion; or
(e) without limiting the foregoing, any claim that your use of the Website or any submitted material or Content provided or communicated by you in any form infringes the rights of any person (including without limitation, Intellectual Property Rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
11.2 You agree to give full cooperation and provide Visionary Images with reasonable assistance in conducting the defence of such a claim.
12. Privacy
12.1 Personal information provided to Visionary Images via the Website or any communications with Visionary Images will be handled in accordance with Visionary Images' Privacy Policy, a copy of which may be viewed at http://a-lure.org/privacy-policy. You agree that, in using the Website or communicating with Visionary Images, you have read this Privacy Policy, understood its contents and consented to its requirements.
13. Governing law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
14. General
14.1 A failure of Visionary Images to insist upon a strict performance of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.
14.2 Each provision, or part of a provision, of these Terms is severable from the others and no severance of a provision, or part of a provision, will affect any other provision.
Additional Terms for A-LURE game site
1. Acceptance
1.1 You use of the A-LURE Website and participation or involvement in the A-LURE game is subject to:
(a) the Terms at http://a-lure.org/terms-and-conditions;
(b) the Privacy Policy at http://a-lure.org/privacy-policy; and
(c) the additional terms below (collectively the A-LURE Terms).
1.2 By accessing the A-LURE Website you:
(a) accept and agree in full to the A-LURE Terms; and
(b) represent and warrant that you have the right, authority and capacity to accept the A-LURE Terms and agree to abide by the A-LURE Terms.
2. Change of Functionality
Visionary Images reserves the right to change the functionality of the A-LURE Website at any time without prior notice.
3. Access
Visionary Images does not guarantee the delivery of any communications including, without limitation, communications over the internet or communications over telephone networks, as such communications rely on third party service providers. Electronic communications (including electronic email and text messages) are vulnerable to interception by third parties and Visionary Images does not guarantee the security of these communications or the security of the A-LURE Website.
4. Denial of Access
Visionary Images reserves the right to deny or suspend your access to the A-LURE Website or your participation or involvement in the A-LURE game for any reason without notice.
5. Registration
5.1 Visionary Images reserves the right to deny access or refuse registration at its absolute discretion.
5.2 You are responsible for maintaining the confidentiality of your password and for any use of your password or alias on the A-LURE Website, in connection with the A-LURE Website or the A-LURE game.
6. Content
6.1 Visionary Images reserves the right to monitor, review, refuse or modify any Content provided in connection with the A-LURE Website or the A-LURE game where such Content is offensive or otherwise unacceptable to Visionary Images in its sole discretion.
7. Licence
7.1 Visionary Images grants you a limited licence to access and use the A-LURE Website and any Content received in connection with the A-LURE Website or the A-LURE game solely for your personal use in connection with the A-LURE game.
7.2 You agree that your participation or involvement in the A-LURE game does not infringe the rights, restrict or inhibit the participation or involvement in the A-LURE game of any third party.
8. Disclaimer of Warranties
Visionary Images makes no warranties or representations of any kind, express or implied, as to the operation of the A-LURE game or the conduct of any other participants. You expressly agree your participation or involvement in the A-LURE game is at your sole risk.
9. Limitation of Liability
9.1 In no event will Visionary Images be liable for any proven direct or indirect losses or damages howsoever arising in connection with your participation or involvement in the A-LURE game.
9.2 The maximum aggregate liability of Visionary Images for all proven losses, damages and claims arising out of the A-LURE Terms and your participation or involvement in the A-LURE game, including liability for breach, in negligence or in tort for any other common law or statutory action, is limited in the aggregate of all claims to [$10].
9.3 You take full responsibility for Content you receive or supply in connection with the A-LURE game.
10. Indemnity
You will fully indemnify and keep indemnified Visionary Images in respect of all loss, damage, liabilities, costs, expenses (including legal fees on a full indemnity basis), fines penalties, actions, claims, demands and proceedings howsoever arising, whether at law or statute, in connection with your participation or involvement in the A-LURE game.