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Welcome to the Get Lost Website Terms and Conditions!
(Last updated May 2022)
The Get Lost website (the “Site”) is operated by Mount Alexander Shire Council (“we,” “us” or “our”) with the purpose of directing and mapping local arts businesses and helping our artist network to connect with each other and the Mount Alexander Shire Council communities. We’ve prepared these terms and conditions (Terms) to apply to users (“you” or “your”) of the Site. Having Terms like these is a way of making sure that we are all on the same page about your and our rights and responsibilities on the Site.
What do you agree to by accessing the Site?
By accessing the Site, you agree to have read, understood, and to be bound by these Terms. We can make changes to these Terms at any time and for any reason. When we make changes, we will update the “Last updated” date of these Terms. You will periodically review these Terms to stay informed of updates.
If you are a minor (generally under the age of 18) you must have the permission of, and be directly supervised by, your parent or guardian to use the Site and have your parent or guardian read and agree to these Terms prior to you using the Site.
What about Intellectual Property?
The Site and everything on it, other than your User Generated Content and Contributions is ours. This includes all source code, databases, functionality, software, website designs, audio, video, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “as is” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We give you a non-exclusive, limited licence to use the Site and to download, link to or print a copy of any portion of the Content you have contributed as it appears on the Site solely for your personal, non-commercial use, for example, linking to the Site through your own website or artist CV to promote your artist listing or profile on the Site.
What do you represent by using the Site?
We want everyone using the Site legitimately to be safe and for your information to be as reliable and current as possible. By using the Site, you represent and warrant that:
(1) all profile information you submit will be true, accurate, current, and complete; you will maintain the accuracy of such information and promptly update such profile information as necessary;
(2) you will not use the Site for any illegal or unauthorized purpose including for example to infringe someone else’s copyright or misuse cultural material;
(3) you will not access the Site through automated or non-human means; systematically copy, delete or reverse engineer any of the Site, its data or content from the Site; make any unauthorized use of the Site, including collecting usernames and/or email addresses of users; circumvent, disable, or otherwise interfere with security-related features of the Site; trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; use any information obtained from the Site in order to harass, abuse, or harm another person; use the Site as part of any effort to compete with us or generate revenue; attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you; use the Site in a manner inconsistent with any applicable laws or regulations.
If you don’t comply with the representations above, we have the right to suspend or terminate your profile and refuse any and all current or future use of the Site (or any portion thereof).
In order to build a profile on Get Lost, you are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Indigenous Cultural and Intellectual Property
We respect Indigenous Cultural and Intellectual Property (“ICIP”) meaning Indigenous people’s rights to their culture, heritage and knowledge including the intangible and tangible aspects of cultural practices, resources and knowledge systems that have been, and continue to be, developed, nurtured and refined by Indigenous people as part of expressing their cultural identity. This includes all applicable cultural rights in favour of Australian Indigenous people that may be implemented under Australian law.
We recognise that Indigenous communities are the custodians of their ICIP and have an interest in protecting their ICIP from exploitation contrary to their customary laws. By using this Site, you agree not to infringe, denigrate or otherwise culturally harm the ICIP of Indigenous peoples or communities.
Your contributions or user generated content
The Site may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites so any Contributions you transmit are not confidential. When you create or make available any Contributions, you represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
- you have obtained any required consents, releases, and/or permissions of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
- Your Contributions do not infringe the Indigenous Cultural and Intellectual Property of Aboriginal or Torres Strait Islander communities and peoples;
- Your contributions are not/do not:
- unsolicited or unauthorized advertising or spam;
- false, inaccurate, or misleading;
- obscene, discriminatory, harassing or intimidatory, defamatory, inciting of hatred or disrespect of another person or otherwise objectionable (as determined by us);
- violate the privacy or publicity rights of any third party;
- contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in any way including in a sexual or violent manner or violate any law concerning child pornography, or the health or well-being of minors;
- link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any breach of these above Terms may result in, among other things, termination or suspension of your rights to use the Site.
Contribution licence (your permissions to us to use your contributions)
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right to edit, redact, or otherwise change any Contributions (as long as we don’t change your artwork or copyright material); re-categorise any Contributions to place them in more appropriate locations on the Site; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for non-commercial reasons.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. Where you have moral rights in your Contributions, you retain those rights and we have your consent to make the changes described above.
Social media (for example, Facebook and Instagram)
As part of the functionality of the Site, you may link your profile with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable Terms that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your profile with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your profile on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your profile on the Site and your Third-Party Accounts at any time.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account.
Third party content and websites
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms;
(2) take appropriate reporting action and legal action against anyone who violates the law or these Terms;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
We respect the intellectual property rights of others. If you believe that any Content available on or through the Site infringes upon any copyright you own or control, please contact us at email@example.com and:
- specify the Content which you allege is infringing copyright;
- provide an explanation of why you believe the Content is infringing copyright;
- provide a statement that you have a good faith belief that use of the Content in the manner complained of is not authorised;
- identify the copyrighted work claimed to have been infringed;
- include contact information to enable us to contact the copyright owner (or his or her agent), such as an address, telephone number and email; and
- provide a statement that the information in the notification is accurate, and under penalty of perjury, that the notifier is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving notification of an allegation of infringing Content, our notice and take down process is as follows:
- we will contact you within ten (10) business days and confirm that we have received your notification;
- we will undertake investigations within our remit and resources in relation to your notification. We reserve the right, in our sole discretion, to disable access to the Content while we undertake any investigations.
- a decision will be made in relation to the access we grant users in respect of the Content in question. Note that this is not a decision about whether or not the material complained about is in breach of any applicable laws.
- Immediately following the decision, we will, in our sole discretion, either:
- remove, modify or reformat the Content; or
- make no modification to the Content and, if we previously disabled access, re-enable access.
Term and termination
We reserve the right to deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your Get Lost profile and any Content that you posted at any time, without warning, in our sole discretion. In addition to terminating or suspending your profile, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If we terminate or suspend your profile for any reason, you are prohibited from creating a new profile under your name, a false or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Victoria (Australia) applicable to agreements made and to be entirely performed within the State of Victoria in Australia.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of the Site, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s Content or the content of any websites linked to the Site and we will assume no liability or responsibility for any loss including as a consequence of any errors, damage, unauthorized access, interruption, or bugs/viruses. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
Limitations on liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
Some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including legal costs and expenses on a solicitor/own client basis, made by any third party due to or arising out of:
(1) your Contributions;
(2) your use of the Site;
(3) your breach of these Terms;
(4) any breach of your representations and warranties set out in these Terms;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.
How to contact us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Get Lost c/o Mount Alexander Shire Council
(03) 5471 1877 | www.mountalexander.vic.gov.au
Civic Centre | Corner Lyttleton and Lloyd Streets
PO Box 185 | Castlemaine Victoria 3450