Terms of Use
Introduction
Welcome to the ACMI Sites. ACMI Sites are operated and presented to users by the Australian Centre for the Moving Image ("ACMI").
These Terms of Use apply to all users of all ACMI Sites, regardless of whether they are registered users of ACMI Connect.
Please read the Terms of Use carefully before using ACMI Sites.
If you do not agree to these Terms of Use, you may not use any ACMI Site.
1 Access to ACMI Sites
By accessing any ACMI Sites and any of the Site Content contained or hosted on them, you agree to be bound by and comply with these Terms of Use, and other rules and requirements specified on the accessed site. You also agree that, in your use of any ACMI Site you will comply with all applicable local, national, and international laws and regulations.
ACMI will terminate a registration to an ACMI Site if ACMI, in its absolute discretion, determines that you have contravened these Terms of Use or any licence terms relating to Site Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of an ACMI Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the ACMI Site or the Site Content on the ACMI Site.
2 Variations to ACMI sites
ACMI may change the Site Content on, and access to, any ACMI site, without notice.
ACMI will be entitled to make changes to these Terms of Use and other rules from time to time.
Use of an ACMI Site after the changes become effective will be taken as acceptance of the changes.
3 Copyright
Access to and use of Site Content on ACMI Sites may is subject to these Terms of Use and individual licence notices on each ACMI Site. This can vary from no use without written permission from ACMI to Creative Commons use which allows you to download, display, print, reproduce and sometimes remix the content in whole or in part.
Copyright, Intellectual Property Rights and other proprietary rights in Site Content presented on ACMI Sites and other websites as authorised by ACMI from time to time, is either owned by the Australian Centre for the Moving Image (ACMI) or may be owned by individuals and entities other than ACMI and used under licence.
"Site Content" means all material found on ACMI sites whether contributed by ACMI or individuals or entities other than ACMI. Site Content may include text, data, images, audio, video, databases, design, codes, software, trademarks, and any other works or subject matter in which copyright, intellectual property rights or other proprietary rights subsist or may subsist.
Except for the purposes and uses permitted pursuant to the Copyright Act 1968 (Cth) or if the ACMI Site provides otherwise in its licence section, you may only reproduce, adapt, modify, communicate to the public, or otherwise use any part of an ACMI Site (in particular for commercial purposes) with written permission from ACMI. Any use or referral of Site Content from ACMI Sites must include full and proper acknowledgement.
The licenses for the ACMI Generator and 15 Second Place sites allow you to download, display, print, reproduce and sometimes remix the content in whole or in part for educational purposes, non-commercial research or study. If using 15 Second Place or Generator sites for educational purposes CAL Licence fees are exempted.
ACMI will not be liable for any loss, claims or damages whatsoever including special, indirect or consequential damages as a result of text, content or images produced as a result of any User repurposing third party content from ACMI Sites. ACMI has made its best efforts to ensure that Site Content, in which copyright belongs to others, has been reproduced on ACMI Sites with the consent of the copyright owners.
Any work or copyright material submitted by you to an ACMI Site Forum will be subject to these Terms of Use. For some ACMI Sites a separate licence agreement must be entered into between you and ACMI before a submission may be made. See also Forum Rules below for more guidelines relating to your contributions to ACMI Sites.
Please address enquiries and requests for permission to the attention of the Licensing and Copyright Officer by mail:
Licensing and Copyright Officer
ACMI
PO Box 14
Flinders Lane VIC 8009
4 Full Screen Format
You must not display the information on an ACMI Site other than in full screen format. The information contained in this site is not to be displayed within a frame of another site without ACMI's permission, unless ACMI has provided embed code.
5 No Warranty
ACMI provides the content and material on ACMI Sites for information purposes only. ACMI makes no warranty or representation in relation to:
(a) the accuracy or authenticity of the content or material on this site;
(b) the functionality or operation of this site or the features contained in it;
(c) the material on this site or any linked site being free from viruses or defects, or that access to this site will be uninterrupted; and
(d) the use of any material appearing on this site not infringing the rights of third parties.
ACMI is not responsible for any loss or damage you may incur as a result of your use of ACMI Sites or the information and material contained on ACMI Sites. To the extent permitted by law, ACMI is not responsible or liable for any material or contributions made to ACMI Sites by third parties.
ACMI disclaims all responsibility for any data charges incurred as a result of accessing ACMI Sites through a mobile device.
6 Access to ACMI Sites by Children
Some Site Content on ACMI Sites may contain language or images which are unsuitable for viewing by children.
(a) Children under the age of 13 must have a parent or guardian register for them in order to register on an ACMI Site. If you are a parent or guardian and you provide your consent to your child's registration on an ACMI Site, you agree to be bound by these Terms of Use in respect of your child's use of the ACMI Site.
(b) Children under 18 must not access any ACMI Site Forum unless supervised by an adult.
ACMI accepts no responsibility for any exposure of children to inappropriate material contained within the Site Content.
7 Forum Rules
ACMI Sites provide Forums to facilitate communication between its users. A Forum ("Forum") is any ACMI Site that allows users to either add text, video, images, comments, tags or any combination of those ("Forum Communication"). The opinions expressed in the forums are not necessarily those of ACMI. ACMI is not responsible for and cannot warrant the accuracy of any information contained in any Forum.
By entering a Forum, you acknowledge and agree to accept and comply with the Terms of Use of this site and the following forum rules:
(a) ACMI will moderate each forum and may edit, remove or not publish (at its sole discretion) any Forum Communication. Examples of Inappropriate Forum Communication includes, but is not limited, to Forum Communications that are:
i. defamatory or otherwise unlawful, or violating any laws regarding harassment, discrimination, racial vilification, privacy or contempt;
ii. abusive, offensive or obscene;
iii. deliberate provocation of other ACMI Site users;
iv. compromising your privacy, the privacy of other users or of ACMI staff, or containing inappropriate personal information;
v. an infringement of intellectual property rights or copyright;
vi. intentionally false or misleading;
vii. seeking to endorse or promote commercial products, services or activities (unless ACMI considers them to be a genuine comment); or
viii. Where the site requires registration, a posting made on behalf of a user whose registration has been terminated or suspended. This may lead to you also having your registration terminated.
("Inappropriate Forum Communication")
(b) Each Forum will be updated by ACMI regularly, but there may be some delay in posting your contribution.
(c) ACMI may make complaints or institute proceedings in relation to repeated submissions of Inappropriate Forum Communications.
(d) Contributions to any forum must not exceed any prescribed limits.
(e) Unless the ACMI Site states otherwise, you agree that ACMI may publish and authorise others to publish your contributions to any site, including third party sites, in all media throughout the world in perpetuity and without any payment to you.
(f) You will be solely responsible for all contributions made by you to any Forum. You indemnify ACMI, and any sub-licensee of ACMI, against any loss, damage, cost or expense suffered or incurred as a result of or arising from your publication or use of any contribution to a Forum.
(g) Comments and tags in Forum Communications are made available to you for your information and personal use. Comments and tags may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of an ACMI Site or otherwise as prohibited under these Terms of Use.
8 Display Names
If you wish to log in to an ACMI Site, ACMI recommends that you use a pseudonym as your display / username (not your real name), provided always that you should not intentionally use the name of another person.
ACMI may refuse to register login or display / usernames it considers inappropriate. Login or display / usernames that contain obscenity, abuse, defamatory content, copyright infringement or brand names or registered trade marks may not be accepted.
9 Links To and From This Site
ACMI Sites includes links to other sites, including those operated by other Government bodies, non-Government organisations and individuals.
Each linked site has its own terms and conditions of use, and you must ensure that you comply with them.
Each link to another site is provided by ACMI for assistance only. In providing those links, ACMI does not endorse or make any representation or warranty regarding the products, services or information available via any linked site, or in respect of the owner or operator of that site.
ACMI is not responsible for any loss or damage arising from your use of or access to any linked site.
10 Privacy
The ACMI Privacy Statement is at URL: http://www.acmi.net.au/privacy.htm. Please contact the ACMI Privacy Officer for access, correction and any further privacy information by email at info@acmi.net.au or by phoning ACMI Reception on (03) 8663 2200.
11 Further Information
For further information about these Terms of Use contact info@acmi.net.au
12 Definitions
"ACMI Site" means any .acmi.net.au domain
"Forum" & "Forum Communications" are defined in clause 7
"Inappropriate Forum Communications" Are defined in clause 7(a)
"Site Content" means all material found on ACMI sites whether contributed by ACMI or individuals or entities other than ACMI.
"Intellectual Property Rights" means any and all intellectual and industrial property rights throughout the world including rights in respect of, or in connection with:
(a) any confidential information;
(b) copyright (including future copyright and rights in the nature of, or analogous to, copyright);
(c) performers' protection;
(d) Moral Rights;
(e) inventions (including patents);
(f) trade marks;
(g) service marks;
(h) designs; and
(i) circuit layouts,
whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.
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