MUDBOARD
T&C

By visiting and/or using the www.mudboard.com website, associated services and functionality ("the Website") You agree to be bound by:

The Terms, Policies and Rules collectively constitute the "Agreement".

This Agreement is formed between You and Mudboard Pty Ltd (ABN: 61141128369 ) ("Us", "Our", "We"). "You", "User" and "Member " means anyone that We supply a service to or who visits this Website.

If You do not agree to any provisions of this Agreement, You must not use the Website.

We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, You agree to be bound by the changes. We are not obliged to notify You of any changes but We will endeavour to alert You to any significant changes. Nevertheless, You should check our Terms, Policies and Rules from time to time to acquaint Yourself with the current version.

In order to access some features of the Website, You will need to be a registered Member.

You understand and agree that your membership account is personal to you and may not be transferred or lent to another person.

When registering to become a Member and activate an account, You must provide personal information such as Your name and a valid email address. You agree to provide accurate and complete information and to keep this information current.

As part of the registration process You will be asked to select a User name and password. We may refuse to allow You to use (or continue to use) Your chosen User name without giving a reason.

You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure.

If You suspect or become aware of any unauthorised use of Your account or that your password is no longer secure, You agree to notify Us immediately.

You understand and agree that if you have been banned from the website, you will not attempt to re-register as a member unless we provide authorisation in writing. Note that as a visitor you may still view the content on the publicly visible portions of the website.

We aim to provide a positive experience for all Users and Members. Accordingly, We reserve the right to change (ie alter, remove or add functionality) the Website at any time. We do not guarantee that You will be able to access the Website in the same way or with the same equipment or software You used prior to the change.

We reserve the right to impose or vary fees for future access to the website.

We may stop (temporarily or permanently) providing access to the Website to You, or to Users or Members generally, at Our discretion and without prior notice to You.

We may in Our sole discretion, for any or no reason, and without penalty, terminate Your account or restrict your access to the Website. If We do this, You may be prevented from accessing all or parts of the Website, Your account details or any files or other Content contained in Your account. We will not be liable to You or any third party for doing so.

You understand that all information, such as postings, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website are the sole responsibility of the person from whom such Content originated.

You understand that We do not control and are not responsible for Content made available through the Website. Consequently, by using the Website You may, contrary to this Agreement and Our intentions, be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at Your own risk.

You are solely responsible for all Content that is submitted, posted or made available to the Website from Your account.

We reserve the right (without obligation or responsibility) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Website.

You agree to use the Website only for purposes that are permitted by:

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by Us unless You have been specifically allowed to do so in a separate agreement with Us.

You agree that You will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the website.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein.

You agree not to use, copy or distribute Content except as permitted by this Agreement.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by Us. Nothing in the Agreement gives You a right to use any of Our business names, trademarks, logos, domain names or other distinctive brand features.

You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

We do not claim ownership of Content Members submit. However, by contributing Content to the Website You automatically grant, and You represent and warrant that You have the right to grant, to Us and visitors to our Website an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the Content and to prepare derivative works of the Content or incorporate the Content into other works in order to publish and promote such Content.

You agree not to submit Content that is copyrighted or otherwise subject to third party intellectual property rights unless You are the owner of such rights or have permission from the rightful owner to submit the Content and to grant Us all of the licence rights granted by this Agreement.

You grant each User of the Website a non-exclusive licence to view and download Your Content through the Website and to use, reproduce, distribute, display and perform Your submitted Content as permitted through the functionality of the Website and under the Creative Commons licence (see www.creativecommons.org.au/licences ) chosen by you.

The licences You grant Us in relation to Content that You submit terminate within a commercially reasonable time after You have notified us that you have removed or deleted the Content from the Website. You understand and agree that We may retain, but not display, distribute or perform, server and backup copies of Your submitted Content that has been removed or deleted.

In the event that we merge, sell or otherwise change control of this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from users.

We will provide services with due care and skill but to the extent permitted by law we do not warrant that our services will be provided without fault or disruption. To the fullest extent allowed by law, we exclude all liability to You or anyone else for loss or damage of any kind (however caused or arising, including by negligence) arising from or relating in any way to the Content and/or any use of the Website. This includes, but is not limited to, loss or damage You might suffer as a result of:

We and our officers, employees and agents have no liability for any costs, losses or damages of any kind, which You may incur, arising whether directly or indirectly. This applies in relation to or in connection with but is not limited to any material and/or information supplied in respect of advertising on this Website.

Where any law implies a warranty into this Agreement which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will at our option be limited to:

You will at all times indemnify, and keep indemnified, Us and Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of of this Agreement including but not limited to publication of or distribution of Content supplied by You.

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and We may have no control over them. The existence of these links does not imply that We endorse the linked website, content or resource. You acknowledge that We have not reviewed any of these third party websites, content or resources and We are not responsible for the material contained therein.

This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. The parties irrevocably submit to the no half and exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by Us.

We consider allegations of infringement of copyright trademark and other intellectual property rights from You, regulatory authorities and other third parties including rights holders. You agree that We may remove or delete Your Work or Content if we apprehend risk that it infringes any other persons right or is unlawful.
If You make such an allegation or We request from You, You shall provide to us the following information:

We do not collect personal information about You if You only browse this website. This website only uses session cookies during a search query of the website. When You close Your browser the session cookie is destroyed and no personal information is kept which might identify You to us in the future.

When we do collect personal information, it is our usual practice to collect this information directly from You. We do that through the Member registration process and when You submit Content to the Website. During registration You are required to provide Your Username and email address and, if You agree, Your name, address and phone number.

Our server may log details about any computer used to access the Website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded.

We only use Your personal information for the purposes for which You give it to us and for internal management purposes.

We do not give information about You to government agencies, organisations or anyone else unless one of the following applies:

To make any submission or contribution to this Website, You must register to become a Member. You do not have to register if You only want to view Content.

As a Member, You agree that You are responsible for ensuring any Content You submit conforms with our published policies and rules.

This Website is not intended to be a vehicle for free advertising. Any advertising or promotion via this Website must be approved by Us first.

You may not submit Content that is false, defamatory, abusive, vulgar, rude, hateful, harassing, obscene, profane, racist, sexist, homophobic, threatening, invasive of a person's privacy or otherwise in violation of any law. Content should be "family friendly" ie. G or PG rated. We reserve the right, in our absolute discretion, to remove any Content we consider to be inappropriate without giving any reasons.

Please be aware that Mudboard has created certain areas on the Service that contain adult or mature content. You must be at least 15 years of age to access and view such areas.

You must not copy material belonging to a third party or in any way infringe others' intellectual property rights.