In order for our community to work, a certain amount of trust is involved. We want to continue to allow our users to be involved with as many interactive
aspects as possible so that all of you continue to help shape the future of whittleymarine.com.au (the “Web site”). Have fun out there, but please don't abuse the site.
Please read all of these rules carefully and take them seriously. Don't try to find loopholes around the rules, they were created in the common interest of maintaining a welcoming community for all persons interested in the Web site. Violations of the user guidelines may result in a warning notification or may result in termination of your account and deletion of all or any of your content at our sole discretion. If we terminate your account, you are banned from ever signing up for another Web site account.
Terms of Service
1. Your Acceptance
A. By using and/or visiting this Website, you agree to and accept (1) these terms and conditions (the "Terms of Service"), and (2) the privacy notice found at www.whittleymarine.com.au. If you do not agree to any of these terms, or the privacy notice, please do not use the Web site. The Web site is operated by Whittley Marine Group Pty Ltd (“Whittley Marine”), through various agencies and service providers.
2. The Web site
A. These Terms of Service apply to all users of the Web site, including users who are also contributors of photo/video content, information, and other materials or services on the Web site.
B. The Web site may contain links to third-party Web sites that are not owned or controlled by Whittley Marine. Whittley Marine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Web sites. In addition, Whittley Marine will not and cannot censor or edit the content of any third-party site. By clicking on links, you expressly relieve Whittley Marine from any and all liability arising from your use of any third-party site, or from the content of any third party site.
A. In order to access some features of the Web site, you will have to create an account. You may never sign on under another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You should notify Whittley Marine immediately of any breach of security or unauthorized use of your account.
B. Whittley Marine will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses of Whittley Marine or other parties due to such unauthorized use.
4. General Use of the Web site -- Permissions and Restrictions
Whittley Marine hereby grants you permission to access and use the Web site as set forth in these Terms of Service, provided that:
A. You agree not to alter or modify any part of the Web site.
B. You agree not to access User Submissions (defined below) or Web site content through any technology or any unauthorized means other than user interaction expressly invited on the Web site itself.
C. You agree not to use the Web site, for any commercial use. Prohibited commercial use includes any of the following actions taken without Whittley Marine’s express approval:
- Sale of access to the Web site or its related services on another Web site;
- Use of the Web site or its related services for the primary purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the Web site or any third-party Web site, targeted to the content of specific User Submissions or Web site content;
- Any use of the Web site or its related services that Whittley Marine finds, in its sole discretion, to use Whittley Marine’s resources or User Submissions with the effect of competing with or displacing the market for the Web site content or any products or services featured on the Web site, or its User Submissions.
D. Prohibited commercial uses do not include:
- Uploading a posting or an original video to the Web site; or
- Any use that Whittley Marine expressly authorizes in writing.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site in a manner that sends more request messages to the Web site 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. Notwithstanding the foregoing, Whittley Marine grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Whittley Marine reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions.
F. You will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
G. Whittley Marine reserves the right to discontinue any aspect of the Web site at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Web site.
A. The content on the Web site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Whittley Marine, subject to copyright and other intellectual property rights under the law.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Web site; and
- for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Web site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Web site. User Submissions are made available "as is," and 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 the Web site or otherwise as prohibited under this Agreement.
D. You may access Web site Content, User Submissions and other content only as permitted under this Agreement. Whittley Marine reserves all rights not expressly granted in and to the Web site Content.
E. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Web site for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web site or the Content therein.
G. You understand that when using the Web site, you will be exposed to User Submissions from a variety of sources, and that Whittley Marine is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. 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 Whittley Marine with respect thereto, and agree to indemnify and hold Whittley Marine, and its parents, affiliates, agents, employees, directors, shareholders and representatives and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
We're a community dedicated to Whittley Marine products and services. So you should only be uploading photos and videos related to this broad topic. Users are expecting that other users will post things that are truly informative, interesting and on-topic. Use your judgment.
If you are unsure about a certain photo or video, here are some common-sense guidelines:
- This Web site is NOT the place for pornography or sexually explicit content. If your video contains any images of that nature, do not upload it to the Web site.
- Don't post videos showing dangerous or illegal acts, like animal abuse, violence, drug abuse, or illegal weapons.
- Respect copyright. Only upload videos that you made or that you have obtained the rights to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without their permission.
- We don't permit hate speech, which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality. Don’t post this type of material on the Web site.
- Don't try to cheat the system. No gamed thumbnails, spamming tags, or creating dummy accounts that do things a human wouldn't do.
- All privacy rights must be observed.
A. As a Web site account holder you may submit photos, video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Whittley Marine does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Factual information about Whittley Marine products or services included in a User Submission must be truthful and accurate. In addition, if you have any connection or relationship with Whittley Marine or any of its agencies or representatives, you should disclose that relationship or connection in your User Submissions. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Whittley Marine to use all patent, trademark, trade secret, copyright, publicity or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Web site, you hereby grant Whittley Marine a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Web site and Whittley Marine’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Web site a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as are permitted through the functionality of the Web site and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Web site. You understand and agree, however, that Whittley Marine may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Whittley Marine all of the license rights granted herein.
E. You agree that your conduct on the site will comport with all Web site guidelines, terms and conditions, which may be updated from time to time.
F. Whittley Marine does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Whittley Marine expressly disclaims any and all liability in connection with User Submissions. Whittley Marine does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Whittley Marine will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Whittley Marine reserves the right to remove Content and User Submissions without prior notice.
7. Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that contains the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our Web Site that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notification should be sent to:
Whittley Marine Group Pty Ltd
99 Freight Drive, Somerton, Victoria, 3062
03 8339 1800
8. Counter Notice
If you believe that your User Submission which was removed from our Web Site in response to a Copyright Infringement Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your User Submission, you may send a counter-notice to Whittley Marine containing the following information;
- Your physical or electronic signature
- Identification of your User Submission which was removed
- A statement that you have a good faith belief that the content was removed as a result of a mistake or misidentification of the content.
- Your name, address, telephone number and email address.
- A statement that you consent to the jurisdiction of the federal court in Detroit and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a Counter-Notice is received by Whittley Marine, Whittley Marine may send a copy to the original complaining party, informing them that the objected to User Submission may be reposted in 10 business days. Unless the copyright owner files an action seeking a court order against you to restrain your allegedly infringing activity, your User Submission may be reposed at Whittley Marine’s sole discretion.
9. Account Termination Policy
A. Whittley Marine reserves the right to terminate a User's access to its Web site if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Whittley Marine reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Whittley Marine may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WHITTLEY MARINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. WHITTLEY MARINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY USER GENERATED 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 AND USE OF OUR WEBSITE, (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 INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE 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 WEB SITE. WHITTLEY MARINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WHITTLEY MARINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL WHITTLEY MARINE, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (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 INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBS ITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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 THE ABOVE PARTIES 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 FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Web site is operated and offered in Australia. Whittley Marine makes no representations that the Web site is appropriate or available for use in other locations. Those who access or use the Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Whittley Marine, and its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Web site.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Whittley Marine without restriction.
You agree that: (i) the Web site shall be deemed solely based in Victoria; and (ii) the Web site shall be deemed a passive Web site that does not give rise to personal jurisdiction over Whittley Marine, either specific or general, in jurisdictions other than Victoria. These Terms of Service shall be governed by the internal substantive laws of the State of Victoria, without respect to its conflict of laws principles. Any claim or dispute between you and Whittley Marine that arises in whole or in part from, or that relates to, the Web site shall be decided exclusively by a court of competent jurisdiction located in Melbourne, Victoria. These Terms of Service, together with the Privacy Notice at http://www.whittleymarinegroup.com.au and any other legal notices published by Whittley Marine on the Web site, shall constitute the entire agreement between you and Whittley Marine concerning the Web site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Whittley Marine’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Whittley Marine reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Web site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.