Social Media Terms
Before We Get Social
The terms outlined below govern how you are to interact on social media – and the types of content you can post along with your obligations. Have a read through – nothing too scary or out of the box. Chat soon!
Social Media Terms
You are solely responsible for the content that you contribute and post on the Social Sites, including text, images, photos and videos (Material)
You must not post Material on the Social Sites that:
is unlawful, threatening, abusive, defamatory, obscene, vulgar, objectionable, pornographic, profane or indecent
promotes discrimination on the grounds of race, sex, religion, nationality, disability, sexual orientation, marital status or age
is likely to harass, upset, alarm, insult, threaten or cause distress to any other person
encourages anyone to commit an unlawful or criminal act or condones any unlawful or criminal act
is false, misleading or deceptive or contains any misrepresentations;
interferes with or inhibits other users or listing owners from enjoying or using the Social Sites
constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law
violates or infringes upon the intellectual property rights or other proprietary rights of any other person
discloses confidential information of any other person without that person’s written consent
is an invasion of any privacy or publicity rights of any person
exposes us to liability
contains any advertising, or offers or promotes anything of a commercial nature (for example any Material that may breach the Spam Act 2003 (Cth))
breaches any applicable law, including but not limited to any common law, statute, delegated legislation, rule or ordinance of the Commonwealth or any State or Territory
brings us into disrepute or causes us any detriment, or
disrupts, interrupts, impedes, damages, overloads, destroys or introduces any virus or other form of malicious code into the Social Sites or underlying databases
You must obtain the consent of any person that appears in your Material before posting or contributing that Material to the Social Sites.
You must not impersonate any other person when using the Social Sites.
You must avoid quoting somebody else out of context.
At any time and in our absolute discretion and without notice to you, we may:
refuse to include your Material on the Social Sites
remove all or part of your Material from the Social Sites
suspend or permanently block you from using the Social Sites
report your conduct to the appropriate law enforcement authorities, or
take any other action which we consider to be appropriate.
Intellectual Property Rights
Nothing in these Terms constitutes a transfer of any intellectual property ownership rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Social Sites.
You will continue to own the intellectual property rights to your Material. By posting or adding any Material onto the Social Sites, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Material in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Material in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
The licence in clause 4.2 and the consent in 4.3 will survive any termination of these Terms.
You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 4.2 and 4.3.
In relation to any and all Material that you upload to the Social Sites, you represent and warrant to us that:
all Material is accurate and is not false, misleading or deceptive
you have complied with these Terms, and
you are the owner of the Material or you have obtained the consent of the owner of the Material.
We make no warranty or representation of any kind, express or implied:
About the completeness, accuracy, reliability, suitability or availability with respect to the Social Sites, or the information, products or services contained on the Social Sties for any purpose. You acknowledge and accept that we will not be liable to you for the consequences of any interruptions in accessing or errors contained on the Social Sites, any reliance you place on the information contained on the Social Sites is strictly at your own risk, and
in relation to access or the extent of any access to or purchases from the Site by users of the Site.
We cannot guarantee the security of any Material that you display or post on the Social Sites. You accept that these activities are conducted at your own risk.
We make reasonable efforts to ensure that inappropriate Material on our Social Sites are identified and moderated. However, we cannot guarantee that we will identify, or remove in a timely fashion, all inappropriate Material, or at all.
The content on the Social Sites, linked websites and social media sites may include views or recommendations of third parties which do not necessarily reflect our views or indicate our commitment to a particular course of action. We may comment on or “like” another website, or Material posted by a third party, but this does not constitute an endorsement or approval of the content of that other website or third party Material.
We do not endorse, approve or authorise any Material on the Social Sites, and you acknowledge that you must exercise your own skill and discretion with respect to evaluating the accuracy, completeness, and relevance of any content that appears on the Social Site for your own purposes.
- You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of any:
- act or thing done by us in good faith and purportedly pursuant to a right granted to us under the provisions of these Terms
- breach by you of any of these Terms or your warranties
- infringement by you of another person’s intellectual property rights
- any wilful, unlawful or negligent act or omission by you.
To the maximum extent permitted by applicable law, we will not be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred, suffered or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of:
the use of, or reliance on, any Material on the Social Sites
the displaying of or failure by us to display any Material on the Social Sites
any failure in the operation of or access to the Social Sites, or
our failure to moderate any Material on the Social Sites.
Complaints and Disputes
If you wish to complain about any Material posted on the Social Sites, please contact us at email@example.com. Please provide us with information as to the nature and reason for your complaint.
We may request further information from you about your complaint before we process it. We will deal with any complaint as considered appropriate in our discretion. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms. Please notify us in writing of any dispute you may have.
You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.
Nothing stated in this document may be construed as constituting you and us as partners, or as creating the relationship of employer and employee, master and servant or principal and agent between the parties. Neither party has authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as expressly provided in this document or authorised in writing.
Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
These Terms are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.