Terms of Service

1.  Your Acceptance.
 
Welcome to bluetongues.com.au (the “Website”).  By using and/or visiting this Website and all included subdomains or creating an Account, including all content, information, products or services contained therein and through the bluetongues.com.au.com domain name, you agree to be bound by these Terms of Use.

If you do not agree to any of these terms, please do not use the bluetongues.com.au Website.
 
 
2.  bluetongues.com.au Website.
 
These Terms of Use apply to all users of the bluetongues.com.au Website, including users who are also contributors of article, video or audio content, information and other materials or services on the Website. 


3.  Becoming a Member.
 
Membership at the website is not available.


4.  Accessing the Website.
 
The Website is intended for persons of all ages.  In using or accessing the Website, whether as a Member or non-member, you agree to comply with the following:
 
a.  NO SPAM
You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication system provided by the Website for any commercial solicitation purposes.  You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
 
b.  CONTENT OWNERSHIP
You agree that any content you submit to the website is fully owned by you.

c.  APPROPRIATE CONTENT
You will not use the Website for any purpose or in any manner, nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any User Submission that: (i) violates or infringes a third party’s rights, including but not limited to copyright, trade secret, other intellectual property rights, privacy and publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant bluetongues.com.au all of the license rights granted herein; (ii)  is unlawful, in violation of or contrary to the laws or regulations in any state or country where your User Submission is created, displayed or accessed; (iii) is in breach of these Terms of Use; (iv) is fraudulent, false or misleading; (v) is obscene, vulgar, sexual, pornographic, controversial, profane, hateful, tortuous, defamatory, slanderous, libelous, threatening, violent, harassing, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, gives rise to civil liability, promotes illegal or harmful activities or substances, violates any law or is otherwise inappropriate; or  (vi) constitutes unsolicited bulk email, junk mail, “spam” or chain letters.

bluetongues.com.au reserves the right to monitor, moderate and remove any content deemed innapropriate.
 
d.  RESPONSIBILITY OF CONTENT
You agree that all authorised members are solely responsible for their content and Submissions.  You understand that when using the Website you will be exposed to User Submissions from a variety of sources, and bluetongues.com.au is not responsible for such User Submissions.  bluetongues.com.au has no responsibility to control or monitor any User Submission, and, as a result, does not manage, control or guarantee, nor is responsible for the truth, accuracy, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of such any such User Submission or content.  Although bluetongues.com.au does not accept responsibility for content or User Submissions, bluetongues.com.au does reserve the right to remove content or User Submissions at any time.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against bluetongues.com.au with respect thereto, and agree to indemnify and hold bluetongues.com.au harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
 
e.  USE OF YOUR SUBMISSIONS
You acknowledge and accept that any submissions you make as an authorised user may be included on the websites and advertising networks of bluetongues.com.au affiliates or third-party service providers, in addition to, or instead of, those websites and advertising networks of bluetongues.com.au, and there is no guarantee that your User Submission will be so included.
 
f.  ACCESSING INFORMATION
You will not attempt to obtain any information or materials relating to the Website through any means not intentionally made available through the Website, or attempt to gain unauthorized access to the websites database, technology, computer systems or networks associated with the Website.  You will not attempt to, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Website.
 
g.  BOTS AND SPIDERS
bluetongues.com.au do not permit the use of automation software to access the website, such as bots or spiders.  You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc. that accesses the Website in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
 
h.  CO-OPERATION
You agree to cooperate fully with bluetongues.com.au to investigate any suspected or actual activity that is in breach of these Terms of Use.

bluetongues.com.au reserves the right, in its sole discretion, to decide whether content or a User Submission is appropriate and complies with these Terms of Use.  bluetongues.com.au may remove such Authorised User Submissions and/or terminate an Authorised Users access at any time, without prior notice and at its sole discretion.
 
You understand and agree that bluetongues.com.au is not required to edit or review any User Submission.  However, you agree that all User Submissions may be subject to approval. bluetongues.com.au reserves the right, at any time, to reject, suspend, cancel or remove content or a User Submission.  bluetongues.com.au, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
 
         
5.  Copyright Infringement.
 
YOU SHALL NOT USE THE WEBSITE TO UPLOAD, TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED MATERIAL OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL OR PROPRIETARY RIGHTS OF ANY THIRD PARTY.
 
If you are found to infringe on copyright you will receive 1 (one) written warning requesting that you cease and desist.

Further infringes or repeat offenders may have their IP addresses blocked from accessing the website.

bluetongues.com.au provides the Website and access to Content as a service to our users.  You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.

bluetongues.com.au HAS A ZERO TOLERANCE ON COPYRIGHT INFRINGEMENT.

IF YOU ARE A COPYRIGHT OWNER AND YOU SEE YOUR CONTENT ON bluetongues.com.au WE ASK THAT YOU CONTACT US IMMEDIATELY SO WE CAN HAVE THE CONTENT REMOVED AND INVESTIGATE THE SITUATION.

bluetongues.com.au will respond promptly to claims of copyright infringement that are reported to our Copyright Agent, designated below.  If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes

copyright infringement, please report your notice of infringement to bluetongues.com.au by providing our Copyright Agent with the following information in writing:
 
(i)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv)  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v)  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All correspondence regarding copyright infringement should be directed to webmaster@bluetongues.com.au.


6.  Intellectual Property Rights.
 
a.  Content.
All content submitted to bluetongues.com.au on articles, comments, videos, audio, forums, chat, & blogs become ownership of bluetongues.com.au.
 
b.  Restrictions.
Content submitted to bluetongues.com.au retain their original ownership to the third party site from which they are being submitted.  News articles posted retain original copyright IF full reference is given to the original article.
 
 
7.  Warranties.
 
You agree that:

a.  You have full power and authority to enter into these Terms of Use

b.  The execution and delivery of these Terms of Use, and the performance of your obligations hereunder will not constitute a breach or default or otherwise violate any agreement to which you or any of your affiliates are a party

c.  You have and will maintain throughout your use of or access to the website any and all rights, authorizations, consents and licenses that may be required in your state / country.
 
 
8.  Warranty Disclaimer.

YOU EXPRESSLY AGREE THAT YOUR USE OF OR INTERACTION WITH THE bluetongues.com.au WEBSITE, INCLUDING ANY PRODUCTS, SERVICES CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE WEBSITE, IS AT YOUR OWN RISK.  EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, INCLUDING bluetongues.com.au CONTENT, ARE PROVIDED ON AN “AS IS” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, bluetongues.com.au, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.  bluetongues.com.au MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, INCLUDING LOSS OF DATA; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.  bluetongues.com.au DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE bluetongues.com.au WEBSITE OR ANY HYPERLINKED WEBSITE.
 
 
9.  Limitation of Liability.

IN NO EVENT SHALL bluetongues.com.au, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE WEBSITE, INCLUDING AS APPLICABLE ANY DAMAGES RESULTING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, OR THE CONTENT CONTAINED THEREIN, INCLUDING YOUR POSTING, TRANSMITTING OR DISTRIBUTING CONTENT, OR AY INTERRUPTIONS OR ERRORS RELATED THERETO, IN ANY MANNER WHATSOEVER, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT bluetongues.com.au IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT bluetongues.com.au SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FFROM THE FOREGOING RESTS ENTIRELY WITH YOU.
 
 
10.  Indemnity.
 
You agree to defend, indemnify and hold harmless bluetongues.com.au, its affiliates, its officers, directors, employees, successors, agents, affiliates, distribution partners from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:  (i) your use of and access to the Website; (ii) your User Submissions or any materials in any form that are provided by you or through use of your account; (iii) any actual or alleged violation or breach of these Terms of Use or any bluetongues.com.au policies; (iv)  any breach of any representation or warranty you made hereunder; (v) your violation of any third party right, including without limitation any third party’s patent, copyright, trademark or other intellectual property, privacy or proprietary rights or bluetongues.com.au’s determination that your Submission was obscene, defamatory, libelous, slanderous, fraudulent or threatening; (vi) your violation of rights of privacy, publicity, confidentiality or property; (vii) any claim that one of your User Submissions caused damage to a third party.  This defense and indemnification obligation will survive this Agreement and your use of the bluetongues.com.au Website.

 
11.  Termination.
 
a.  bluetongues.com.au may terminate your Account or block your access to the Website immediately upon notice if:  (i) you have failed to comply with any of the terms or conditions of these Terms of Use or any policies established by bluetongues.com.au; or (ii) bluetongues.com.au reasonably suspects that you may be misusing the Website or that your actions may be illegal or cause liability, harm or disruption for you, other users of the Website, bluetongues.com.au or the Website.
 
b.  You may terminate your account by requesting removed from site admin.
 
c.  Any suspension, termination or cancellation shall not affect your obligations to bluetongues.com.au under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by there sense and context are intended to survive such suspension, termination or cancellation.
 

12.  Modification of these Terms

bluetongues.com.au reserves the right, in its sole discretion, at any time and for any reason or no reason, to modify, discontinue or terminate the Website, or to modify these Terms of Use or any related terms and conditions governing your use of the Website at any time without notice.  All modified terms and conditions will be effective immediately, and it is your responsibility to review the Terms for any changes.  Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Last Updated ( Thursday, 2 April 2009 )