Terms and Conditions

This website offers an online opinion video sharing platform (Platform) and is operated by 828 Pty Ltd (ACN 137 253 340) as trustee for Nonda Downs Family Trust (ABN 82 288 561 699) trading as The People’s Forums or its successors and assignees (we, our or us). It is available at: www.thepeoplesforums.com and may be available through other addresses or channels, including a mobile application.
In these terms and conditions, Platform refers to our website regardless of how you access it. The Platform allows users to upload opinion videos as contributors and to also view opinion videos (collectively ‘Users’).
 

Acceptance

By accessing and/or using our Platform, or downloading our App, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Website Terms of Use and Privacy Policy (available on the Platform) (Terms); (ii) warrant to us that you are over 18 years of age and have the legal capacity to enter into a legally binding agreement with us; and (iii) agree to use the Platform in accordance with these Terms.
If you access or download our mobile application (i) from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service; or (ii) from the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.]

Registration and Profiles

(a) You can browse and view the Platform as an unregistered User of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, including to post videos, rate videos and comment on videos.
(b) You may only have 1 Account on the Platform.
(c) You must provide basic information when registering for an Account including name, email address, and location, and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
(d) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(e) You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. You must immediately notify us of any unauthorised use of your Account.
(f) When setting up your Account you will also be asked to create a publicly viewable profile on the Platform. (Profile) Your profile will display information about you such as your username, your image if you have chosen to upload a photograph and your biography.
(g) At our sole discretion, we may refuse to allow any person to register or create an Account.

Ratings and Comments

(a) Users may rate a video by choosing to press the like or against button (Rating) and/or may provide feedback to a User regarding the User’s video via the comment section (Comment).
(b) Ratings and Comments of a User can be viewed by any User and will remain viewable until the relevant User or we remove the video that the Rating and/or Comment relates to or the relevant User’s Account is removed or terminated.
(c) If we consider (in our sole discretion) that a Comment is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Comment or ban the User from posting the Comment. We do not undertake to review each Comment made by a User.
(d) We ask you to limit your Comments to discussion topics which are relevant to the Platform and the video to which your Comment relates.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Comments.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including videos, Ratings and Comments (User Content) on our Platform. By making available any User Content on or through our Platform you grant a worldwide, non-exclusive, transferable, royalty-free licence:
(a) to us, to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, store, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform; and
(b) to each User, to use the User Content, with the right to use, view, copy, display or publish online such User Content on, through, or by means of our Platform for that User’s personal, non-commercial use only.

Where you or we remove your User Content, or you or we terminate your Account the licence you grant to us to your User Content (above) will continue for a commercially reasonable period of time and will continue perpetually for our legal and archival purposes.
You are responsible for User Content: You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will:
(1) infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy;
(2) breach the prohibited conduct clause below in these Terms; or
(3) result in the violation of any applicable law or regulation.
We are not responsible for User Content: We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content without notice.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also suspend any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights, including intellectual property rights;
(b) using our Platform to defame, bully, harass, threaten or menace any person;
(c) using our Platform to post inappropriate content, including sexually explicit conduct, nudity, violent or graphic content with the core intention of causing shock, content which displays or encourages abuse or violence against any person, animal or group of persons or intends to incite hatred towards a group based on their characteristics such as their ethnicity, religion, nationality or gender;
(d) interfering with any user using our Platform;
(e) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(f) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, ant-discrimination and defamation regulations and laws;
(g) using our Platform to send unsolicited messages; or
(h) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content or User Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, or displaying the Content via any commercial platform such as a television channel without obtaining for Content a licence to do so from us or for User Content a licence from the applicable User or us to do so.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Users or User Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses;
(c) our Platform will be secure;
(d) our Platform will be accepted in your jurisdiction;
(e) Users will find Content or User Content desirable.
You read, use, and act on our Platform, the Content and the User Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed $10; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) loss of, or damage to, any property, or any injury or loss to any person;
(2) failure or delay in providing the Platform or our services; or
(3) breach of these Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control;
(5) a fault, defect, error or omission in your computing environment; or
(6) act or omission of you or your related parties,
(7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform and the services.
(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms, or any or any applicable laws by you, including infringement of any intellectual property rights or privacy rights. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
(g) This clause will survive the termination or expiry of these Terms.

Termination

(h) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform.
(i) At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii); or (iii) you receive a warning from us for posting User Content which we consider inappropriate (in our sole discretion) and after receiving a warning you subsequently post User Content which we consider inappropriate.
(j) Where you cancel your Account or we terminate your Account your User Content may be removed from the Platform. We may in our sole discretion indefinitely keep an archived copy of your User Content (specifically your videos), for our records. You will not have access to these archived copies and may lose access to your User Content on the Platform. We recommend you backup all of your User Content at all times.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Collection Notice
(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

General

Variation: We may modify these Terms from time to time by notifying you by email and posting the amended Terms on the Platform. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Western Australia.

For any questions and notices, please contact us.
828 Pty Ltd (ACN 137 253 340) as trustee for Nonda Downs Family Trust (ABN 82 288 561 699) trading as The People’s Forums

©2019 The People's Forums

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