nook

nook.com.au is a community networking service that allows members to provide reviews, posts, questions and blogs online, in order to find and share information about places, products and services in their local area. nook.com.au is not designed to facilitate introductions between members. nook.com.au is operated by Leader Community Newspapers. References to “we”, “our” and “us” are references to Leader Community Newspapers.

The phrases “nook.com.au” and “nook” are inclusive references covering the entire website: the top URL, all sub-URLs, (along with all content shown in them), the database storing the content, the coding, and the interface. When you register as a member of nook.com.au, you agree to these terms and conditions, and when you use nook.com.au you agree to comply with these terms and conditions. These terms and conditions are a binding agreement between you and us.

1. You represent and warrant that:

(a) all registration information you submit is truthful and accurate;

(b) you will maintain the accuracy of such information;

(c) you are 18 years of age or older; and

(d) your use of nook.com.au does not violate any applicable law or regulation.

2. We can terminate your membership without warning, at any time, including if we believe that you are under 18 years of age. Termination will not affect the rights you give us in content you supply to us, or the warranties you give us about that content.

3. When you become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

4. You must not use nook.com.au in connection with any commercial endeavours except those that are specifically endorsed or approved by us. Illegal and/or unauthorised use of nook.com.au, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to nook.com.au is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of your membership.

5. For content that you add to nook.com.au, you agree that we may use all intellectual property rights in that content throughout the world, in perpetuity, without restriction and without making any payment to you or any other person. The use that can be made includes publication of that material in hard copy publications or in electronic media, using your content in editorial, advertising and promotional material for us and permitting others to do any of these things.

6. We can determine, at our discretion, whether to publish (or remove from a site) any content you add to nook.com.au.

7. You waive all moral rights in all content you add to nook.com.au and consent to anything which we (or any person permitted to do so by us) may do in relation to that content which would otherwise be in breach of your moral rights. This includes that we may use that content without attributing you as the source of the content.

8. We may edit any content you add to nook.com.au in our discretion.

9. For content you add to nook.com.au, you warrant that:

(a) you own the content and all rights in relation to the content;

(b) you obtained the content in a manner which does not breach any laws or the rights of any person;

(c) the content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) the content, your provision of the content to us and the use by us of the content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person; or

(e) the content, at the time you add it to nook.com.au, contains no virus or other code or material embedded in it which will have a negative impact on us.

10. We will be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your supply of content to nook.com.au, or the subsequent use of that content by or with our authority.

11. You indemnify us and our officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of:

(a) the use by us or a person authorised by us of content added by you to nook.com.au; or

(b) a breach by you of these terms and conditions.

12. You must ensure that none of the content added by you to nook.com.au:

(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) harasses or advocates harassment of another person;

(c) exploits people in a sexual or violent manner;

(d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;

(e) solicits personal information from anyone under 18;

(f) provides any telephone numbers, street addresses, last names, URLs or email addresses;

(g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;

(h) promotes an illegal or unauthorised copy of another person’s copyrighted work;

(i) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(l) solicits passwords or personal identifying information for commercial or unlawful purposes from other members;

(m) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

(n) includes a photograph of another person that you have posted without that person’s consent.

13. You obtain no rights in the content included in nook.com.au by us, or by other people. You must not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any of that content.

14. We do not endorse and has no control over content added to nook.com.au by members. The content is not necessarily reviewed by us prior to being added and does not necessarily reflect our opinions or policies. We make no warranties, express or implied, about the content on nook.com.au or to the accuracy and reliability of that content.

15. You acknowledge that all correspondence concluded on nook.com.au and all our activities in respect of nook.com.au are made and concluded in Victoria.

16. When you provide us with content and use nook.com.au we will collect certain personal information about you. For details of the information we collect and its uses, please see our privacy policy at www.leadernewspapers.com.au. Despite anything in that policy, however, we will not use your personal information collected in relation to you sending us your content to contact you with marketing offers, nor pass that information to our related companies for that purpose, however we may contact you for other reasons relating to your use of our site.

17. To the extent permitted by law, all conditions and warranties implied by law or not otherwise expressly set out in these terms and conditions that would otherwise bind us are excluded. To the extent permitted by law, we exclude all liability for indirect, consequential or special losses or damages. To the extent permitted by law, our total liability in relation to the supply of services on nook.com.au is limited to the supply of the relevant services again or the cost of having those services supplied again, as determined by us.

18. These terms and conditions are subject to change at our sole discretion.

19. These terms and conditions shall be governed by the laws of the state of Victoria. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.