Terms

Effective Date: 1st July, 2015

Dynamikal Pty Ltd provides you with access to this Site and any other domains, microsite or web pages maintained by or on behalf of us (collectively, the "Site") subject to the following terms and conditions ("Terms of Use").

Agreement to these Terms of Use

By using the Site, you indicate your agreement to be legally bound by these Terms of Use, by our Privacy Policy, and any other notices, guidelines and rules published by us on the Site from time to time (each of which is incorporated into these Terms of Use by reference), and by all applicable laws and regulations governing the Site and/or relating to the protection of Dynamikal Pty Ltd brands and preventing the creation of any unauthorised association with them. You further agree to the use of any information that we may gather relating to you as a result of your use of the Site, as further described in our Privacy Policy.

Updates to these Terms of Use

We reserve the right to update or otherwise change ("update") these Terms of Use at any time without notice. If we do so, we shall post the changes on the appropriate page on the Site and indicate at the top of this page when the Terms of Use were last updated. Please review these Terms of Use regularly to ensure that you are aware of such changes. Your continued use of the Site after such changes are posted indicates your agreement to be legally bound by the updated Terms of Use.

Use of the Site

We grant you permission to use the Site as set out in these Terms of Use on condition that you shall access and use the Site solely for lawful purposes and for your personal, non-commercial use and shall otherwise comply with these Terms of Use. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

You may not use the Site for any of the following purposes:

• infringing the rights of, restricting or inhibiting anyone else's use and enjoyment of the Site;
• disseminating any unlawful or otherwise objectionable material; and/or
• gaining unauthorised access to our computer systems or otherwise breaching applicable laws or regulations.

If you are under 18 – Please get your parents or guardians permission before using any interactive features of the site (e.g. Uploading content to the Site). Never reveal any personal information about yourself or anyone else (including your telephone number, home address or email address).

Modifications

We may at any time modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Intellectual property rights

All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, software, interactive features or other content, services or materials (and any part of them) accessible on the Site ("Materials") are protected by copyright, trade marks and other intellectual property rights and are the proprietary materials of Dynamikal Pty Ltd. All rights in the compilation, arrangement and any adaptations of Materials on the Site are owned by Dynamikal Pty Ltd. We reserve all rights that are not specifically granted under these Terms of Use.

Except to the extent otherwise specifically indicated on the Site and permitted by law, you may not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any of the Materials in any way without the prior written consent of Dynamikal Pty Ltd or (as applicable) the owner of the relevant intellectual property rights.

Request for written consent to use Materials should be directed to admin@dynamikal.com.au. Please give details of your intended use of the relevant Material(s) and include your contact details: your name, address, telephone number, fax number and email.

The Site is maintained, controlled and operated by us from our facilities in Australia, and we make no representation that the Materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with all applicable local laws and regulations.

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that your intellectual property rights have been infringed, please email: admin@dynamikal.com.au with the following information:

• a description of the intellectual property that you claim has been infringed,
• a description of where the material that you claim is infringing is located on the Site,
• your address, telephone number, and email address,
• a statutory declaration, stating (i) that in good faith you believe that an act which constitutes an infringement of the intellectual property rights in question was carried out on the Site; (ii) the grounds for your belief; and (iii) such other information as you may think is useful.

Web-Linking Policy

A third party may link a website to content contained in this website, and any other domain names owned by Dynamikal Pty Ltd, provided that:

The link is in the format (url as text) only not the emblem, wordmark, tagline, mascot, pictograms or any other graphic representation, unless otherwise agreed to in writing by Dynamikal Pty Ltd;

The link is displayed in a proportionate manner, spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such textual link; and

Any site (“Linking Website”) that links to this website must comply with the following additional terms and conditions:
 

• the Linking Website or the link itself must not be used as a method of creating an unauthorised association between an organisation, business, goods or services (on the one hand) and Dynamikal Pty Ltd and its brands or Sites (on the other hand) or otherwise misrepresent the relationship of Dynamikal Pty Ltd and its brands or Sites with a third party or the Linking Website;
• the Linking Website must not imply that Dynamikal Pty Ltd is endorsing or sponsoring a third party or its products or services;
• the Linking Website must not replicate content on the Dynamikal Pty Ltd website, except where such content is included in a syndicated RSS feed;
• the Linking Website must not present false information about Dynamikal Pty Ltd and its brands or Sites;
• the Linking Website must not create a frame, browser or border environment around any of the content of this website, including any frame, browser or border environment containing any sponsorship, advertising or other commercial text or graphics; and
• the Linking Website must not contain materials that would violate any laws or contain content that could be construed as obscene, libelous, defamatory, or otherwise harmful to Dynamikal Pty Ltd and its brands or Sites.

We may update this Web-Linking Policy from time to time. Please obtain the latest copy from this website. Notwithstanding anything to the contrary contained in this Web-Linking Policy, we reserve the right to deny or rescind permission to link to this website from any Linking Website and by any third party, and to require termination of any link to this website, at any time and for any reason in the sole and absolute discretion of Dynamikal Pty Ltd.

User Generated Content (“UGC”)

Please read this section carefully before uploading any content to the Site. It gives us, our successors and users of the Site permission to use such content. It also gives us an option to acquire ownership of such content on the terms described below. Subject to such permission and such acquisition (if any) you retain ownership of such content.

We may now or in the future permit users of the Site to upload, post, submit, email, distribute, publish, transmit and/or otherwise communicate to or via the Site ("upload", related words to be construed accordingly) Materials provided by such Users ("User-generated Content" or "UGC" for short). You acknowledge that, whether or not such UGC is uploaded to any such facility, we cannot guarantee its confidentiality. We shall not be liable for any lost data resulting from your use of the Site. We urge you to retain your own back-up versions of any UGC that you upload.

To upload any UGC to our Site (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant the following rights:

(i)    you grant to us and to each of our successors in title, assignees and licensees in respect of such UGC ("Successors") a non-exclusive, worldwide, sub-licensable and royalty-free licence of the entire right, title and interest in and to such UGC in order that we and each Successor may use, copy, reproduce, modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast and otherwise communicate to the public ("utilise") such UGC (whether in whole or in part or copies of the same) in any format or medium now known or later developed (including, without limitation, on or via any website operated by, and in any promotional materials produced by, us or any of our Successors) for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter (to the fullest extent possible) in perpetuity;

(ii)    you authorise us to grant, and we hereby grant, to each User a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your UGC through the Site and to utilise such UGC as permitted through the functionality of the Site and under these Terms of Use;

(iii)    in connection with the permitted use of such UGC in accordance with the above licences and grants of rights:

• you hereby waive, or warrant that you have procured the waiver of, in favour of us, each Successor and each User all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such UGC; and
• you grant to us, each Successor and each User the non-exclusive, royalty-free right to utilise any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you

You shall be solely responsible for your own UGC and the consequences of uploading it. By uploading any UGC, you warrant and represent for the benefit of us and our Successors that you own the entire right, title and interest in and to such UGC or have all necessary licences, rights, consents and permissions to use, and to authorise us and each Successor to use, any and all intellectual property rights or other third-party rights in and to such UGC to enable utilisation of such UGC in the manner contemplated by these Terms of Use.

In connection with UGC, you shall not impersonate another person and shall not upload any UGC that:

(i)    is copyrighted, protected under the law of confidence or otherwise subject to third-party rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the relevant third party to upload the UGC and to grant all of the rights granted by you under these Terms of Use; or

(ii)    is defamatory, obscene, indecent, harassing, threatening, harmful or offensive, incites racial or religious hatred, violates any law or encourages conduct that would amount to a criminal offence or give rise to civil liability and/or is otherwise objectionable; or

(iii)    represents falsehood(s) or misrepresentation(s) that could damage, or are in any way disparaging of, us, any of our Successors or any third party (or such persons' activities, products and/or services); or

(iv)    is directly or indirectly commercial or contains any advertisement, promotion or solicitation of business, except in any areas specifically designated for such purpose; or

(v)    contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

You shall, and shall procure that any necessary third party shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the grants of licences and rights under these Terms of Use.

You acknowledge that, when using the Site, you may be exposed to UGC from a variety of sources, and that we are not responsible for the truth, accuracy, usefulness or safety of such UGC. We do not endorse any UGC or any opinion, recommendation or advice expressed in such UGC, and we disclaim any and all liability in connection with UGC.

While we look forward to receiving UGC when we specifically ask for it, it is our our policy not to accept or consider ideas, concepts, suggestions or other communications or materials other than those that we have specifically requested and then subject to any specific terms, conditions and requirements that may apply to them. This is to avoid any misunderstandings if your ideas etc. are similar to those that we have developed or are developing independently. Accordingly, you agree that unsolicited UGC will be treated as non-confidential and non-proprietary.

Removal of Materials

We are entitled at our option, but not obliged, to pre-screen and/or pre-moderate any UGC uploaded by you or other Users, along with any other Materials. We reserve the right in our sole discretion:

(i)    not to post UGC on the Site; and

(ii)    to remove, or to suspend or disable access to, Materials at any time without liability and with or without prior notice. In particular, we do not permit infringement of third-party rights on the Site, and we shall remove, or suspend or disable access to, any Materials if properly notified that such Materials infringe third-party rights.

If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Material infringes your rights and you wish us to remove such Material from the Site or to suspend or disable access to it, please send a notice by email with the subject line "Removal request" to us at admin@dynamikal.com.au and provide us with the following information:

(i)    an electronic or physical signature of the rights-owner or a person duly authorised to act on behalf of the rights-owner;

(ii)    details of the proprietary material that is claimed to have been infringed (or, if multiple proprietary materials on the Site are to be covered by a single notification, a representative list of such materials);

(iii)    details of the Material that is claimed to be infringing or to be the subject of infringing activity, together with information reasonably sufficient to permit us to locate the Material (including a URL and/or screen shot);

(iv)    information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an email address;

(v)    and a statement by you that

• you believe in good faith that use of the Material in the manner complained of is not authorised by the rights-owner or the rights-owner's agent or by law;
• the information in the notification is true and accurate; and
• you are the rights-owner or are duly authorised to act on the rights-owner's behalf.

General practices regarding use and storage

The Site may establish general practices and limits concerning use of the Site including the maximum number of days that email messages, forum postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time.

Registered members (when applicable)

Please provide accurate, current and complete information about yourself. Update your registration data immediately should there by any changes in your personal information. If you provide any information that is untrue, inaccurate, not current or incomplete, The Site may suspend or terminate your account and refuse any further use of the Site (or any parts thereof).

After you have registered, you will be sent a confirmation email to complete the registration process. You are responsible for maintaining the confidentiality of your account and password. You are also responsible for the activities registered under your account.

Log off your account after the end of each session. The Site will not be liable for any loss or damage arising from your failure to comply with this Clause.

You must immediately notify admin@dynamikal.com.au of any unauthorized use of your password or account or any other breach of security.

Registered members will be able to upload and submit Content in the following sections: Classifieds, Forum, Polls and Members’ area. In these sections, registered users should adhere to the stated guidelines that will be explained in the Content guidelines. The Site has the right to ban users who do not comply with the Terms of Use.

Termination of user account

The Site may, under certain circumstances and without prior notice, immediately terminate your The Site account, any associated email address, and access to the Site.

Reasons for termination include:

• your breach of the terms of use or other incorporated agreements, rules or guidelines;
• requests by law enforcement or other government agencies;
• a request by you (self-initiated account deletions);
• discontinuance or material modification to the Site (or any part thereof);
• unexpected technical issues or problems;
• extended periods of inactivity;

Termination of your account includes:

• Removal of access to all features within the Site, including but not limited to the Classifieds, Forums, Polls and Member’s area;
• Deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof); and
• Barring further use of the Site and Virtual World.

Furthermore, you agree that all terminations for cause shall be made in the Site’s sole discretion and that the Site shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Site.

Disclaimer of warranties

The Site and Materials are provided “as is”, with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. You agree that Dynamikal Pty Ltd disclaims any and all responsibility or liability for the accuracy, Content, completeness, legality, reliability, or operability or availability of information or material in the Site.

Exclusion of liability

You agree that under no circumstances shall Dynamikal Pty Ltd be liable to you on account of your use or misuse of and reliance on the Site. Such exclusion of liability shall apply whether the damages arise from use or misuse of and reliance on the Site, from inability to use the Site or from the interruption, suspension, or termination of the Site (including such damages incurred by third parties).

Indemnity

You agree to indemnify and hold Dynamikal Pty Ltd, officers, agents, contractors, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, you use of the Site, your connection to the Site, you breach of the terms of use, or you violation of any rights of another.

Miscellaneous

These Terms of Use, our Privacy Policy, our guidelines and any other notices, guidelines and rules published by us on the Site from time to time ("Website Documents") have been (or will be) drawn up in the English language. Each of the Website Documents shall be interpreted in the English language. Where any of the Website Documents (or any part of such Website Document) is translated into any language in addition to English and there is any conflict in meaning between the English-language version and such translated version, the English-language version shall prevail in all respects.

The section headings in these Terms of Use (including all documents incorporated into these Terms of Use by reference) are inserted for convenience only and have no legal or contractual effect.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Governing law

The use of the Site and any question or dispute arising from the use of the Site shall be construed in accordance with the laws of Australia and you agree to submit to the exclusive jurisdiction of the Australian courts.

Acknowledgement

You hereby acknowledge that you have read and understand the Terms of Use. By accessing and using any part of the Site and Materials, you shall also be deemed to have accepted to be legally bound by these Terms of Use.