DOWNRIGHT DIGITAL TERMS & CONDITIONS
INTRODUCTION
These Site Standard Terms And Conditions (these “Terms” or these “Site Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this Site, including all pages within this Site (collectively referred to herein below as this “Site”). These Terms apply in full force and effect to your use of this Site and by using this Site, you expressly accept all terms and conditions contained herein in full. You must not use this Site, if you have any objection to any of these Site Standard Terms And Conditions.
This Site is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Site if you a minor.
INTELLECTUAL PROPERTY RIGHTS
Other than content you own, which you may have opted to include on this Site, under these Terms, Downright Digital and/or its licensors own all rights to the intellectual property and material contained in this Site, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Site.
RESTRICTIONS
You are expressly and emphatically restricted from all of the following:
- publishing any Site material in any media;
- selling, sub-licensing and/or otherwise commercialising any Site material;
- publicly performing and/or showing any Site material;
- using this Site in any way that is, or may be, damaging to this Site;
- using this Site in any way that impacts user access to this Site;
- using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
- using this Site to engage in any advertising or marketing;
- Certain areas of this Site are restricted from access by you and Downright Digital may further restrict access by you to any areas of this Site, at any time, in its sole and absolute
- discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality of such information.
YOUR CONTENT
In these Site Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Site. With respect to Your Content, by displaying it, you grant Downright Digital a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Downright Digital reserves the right to remove any of Your Content from this Site at any time, and for any reason, without notice.
NO WARRANTIES
This Site is provided “as is,” with all faults, and Downright Digital makes no express or implied representations or warranties, of any kind related to this Site or the materials contained on this Site. Additionally, nothing contained on this Site shall be construed as providing consult or advice to you.
LIMITATION OF LIABILITY
In no event shall Downright Digital, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Site, whether such liability is under contract, tort or otherwise, and Downright Digital, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.
INDEMNIFICATION
You hereby indemnify to the fullest extent Downright Digital from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
Downright Digital is permitted to revise these Terms at any time as it sees fit, and by using this Site you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Site.
ASSIGNMENT
Downright Digital shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between Downright Digital and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the State Of New South Wales, and you submit to the non-exclusive jurisdiction of the state and federal courts located in NSW for the resolution of any disputes.