Terms & Conditions
This web site [www.mindhive.org] and its contents ("Web Site") is owned and operated by the Mindhive Pty Ltd [A.B.N. 45 120 223 369] (“Mindhive”).
Mindhive Pty Ltd reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly.
The Terms and Conditions are governed by and to be construed in accordance with the laws of Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect. Mindhive Pty Ltd makes no representation that the content of the Web Site complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Links to Third Party Sites & Third Party Advertisements
Mindhive Pty Ltd assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Except as Mindhive Pty Ltd may specifically direct otherwise, Mindhive Pty Ltd does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Mindhive Pty Ltd for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.
Competitions and Promotions
Certain parts of the Web Site may contain competitions or promotions from Mindhive Pty Ltd or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Mindhive Pty Ltd specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.
Disclaimer and liability
This Web Site is provided on an “as is” basis. While Mindhive Pty Ltd has used its best endeavours to ensure that the information contained on and accessed through the Web Site is correct and current at the time of publication, Mindhive Pty Ltd does not accept responsibility for any error, omission or defect in the information. To the fullest extent permissible by law, Mindhive Pty Ltd, its affiliated companies and their respective directors, employees, agents and contractors:
- Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site, your access to the Web Site or results of your access, or the information, content, materials or products on the Web Site; and
- Do not warrant that the functions on the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Mindhive Pty Ltd, its affiliated companies or their respective directors, employees, agents and contractors) will Mindhive Pty Ltd, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Web Site.
You agree to indemnify and keep indemnified Mindhive Pty Ltd, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Web Site (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property & Restrictions On Use Of Content
The Web Site is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Web Site contains trademarks, intellectual property and copyright protected works which is owned by Mindhive Pty Ltd, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Mindhive Pty Ltd's express consent.
User Submitted Content
When you submit any materials via the Web Site including comments, recordings and images ("Content"), you, unless Mindhive Pty Ltd advises otherwise, license and grant Mindhive Pty Ltd, its affiliates and sub-licenses a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability.
You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
You agree that you are fully responsible for the Content you submit. Mindhive Pty Ltd shall not be liable in any way for such Content to the full extent permitted by law. Mindhive Pty Ltd may remove any Content without notice for any reason whatsoever. You warrant and agree that: (a) you will not submit any Content that is unlawful or fraudulent, or that Mindhive Pty Ltd may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, you will indemnify Mindhive Pty Ltd for any breach of the above terms.
Termination and Cancellation
Mindhive Pty Ltd reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Web Site, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Mindhive Pty Ltd will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Mindhive Pty Ltd's liability will survive such termination.
© 2018 Mindhive Pty Ltd