myResearchSpace.grs.uwa.edu.au T E R M S O F S E R V I C E 1. ACCEPTANCE OF TERMS 1.1 Your use of myResearchSpace.grs.uwa.edu.au ("MRS") and any of its Services (as defined below) at any time is subject to MRS's prevailing Terms of Service ("TOS"), which may be updated from time to time as set forth below. You can review the prevailing TOS at any time at: http://myresearchspace.grs.uwa.edu.au/conditions.txt 1.2 Your use of particular Services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the TOS. Your use of MRS and/or its Services constitutes full acceptance of and agreement to the TOS; if you do not accept our TOS, you are not granted rights to use MRS or any of its Services, as defined herein, and should refrain from accessing MRS and its Services. 1.3 To update the TOS or any Service-specific Rules, we will both post the changed version and its effective date at http://myresearchspace.grs.uwa.edu.au/conditions.txt. Concurrently with any change to the TOS, we will email notice of the change to financial members at least 15 days (or such shorter or longer time as may be prescribed by law) in advance. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the rules. 1.4 MRS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MRS or any Service thereon (or any part thereof) upon reasonable notice to users and the public as described above, or immediately in the event of technical difficulties. 1.5 MRS shall not be liable to you or any third party for any such modification, suspension or discontinuance except as expressly provided herein. 2. DESCRIPTION OF SERVICE 2.1 MRS is a website owned and operated by us for the purpose of fostering an environment where people can share their research ("the Purpose"). 2.2 MRS aggregates the data and information about your research, and makes them available online. 2.3 MRS provides the free information on this website and publishes research information without editorial comment or censorship, subject to the provisions herein. Accordingly the free information on this website is provided "as is" and we will not be liable for any errors, omissions or mistakes. If there is a problem, email complaintsmrs@grs.uwa.edu.au and we'll discuss it. 2.4 To the extent permitted by law, MRS disclaims liability for damages at law howsoever arising and asserts the jurisdiction of Western Australia. 3. REGISTRATION OBLIGATIONS 3.1 If required by the part of this website in question, you must : (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data"); and (b) maintain and promptly update the Registration Data as necessary. 3.2 If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein. 3.3 To access some parts of the website, and the Services, you must register whereupon you will receive a password. It is your responsibility to keep that password confidential, and you are responsible for all and any use of the account accessed by that password. MRS cannot and will not be liable for any loss or damage arising from a user's failure to comply with this obligation, including any loss or damage arising from any user's failure to: (a) immediately notify MRS of any unauthorized use of his or her password or account or any other breach of security: and (b) ensure that he or she exits from his or her account at the end of each session. 3.4 MRS handles user Registration Data in accordance with the National Information Privacy principles, accessible online at http://www.privacy.gov.au/. Most parts of this site do not require personal data or full Registration Data. 4. CONTENT 4.1 All text, images, animation, maps, information, video, audio, software code, tools, templates and methodologies and any other material whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not MRS, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via MRS or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on MRS and/or any Service which, in the opinion of MRS, are prohibited by law in applicable jurisdictions, including laws relating to defamation, the transmission of obscenity or the permissible uses of intellectual property . 4.2 MRS will not pre-screen or review Content, but MRS reserves the right to refuse or delete any Content of which it becomes aware which it reasonably deems not to fulfill the Purpose. In addition, MRS shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content which it reasonably considers to violate the TOS or be otherwise illegal. 4.3 MRS, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental order or as reasonably determined necessary by MRS to protect the rights, property or personal safety of MRS, its users and the public. 4.4 MRS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MRS be liable in any way for any Content, including, but not limited to, liability for 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 or otherwise transmitted via MRS or any Service thereon. 4.5 Each user, by using MRS or any Service, may be exposed to Content that is offensive, indecent or objectionable, notwithstanding that such Content is a breach of the TOS. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 4.6 Use, reproduction, modification, and other intellectual property rights to data stored in this Website or source code, script files and webpage design features are reserved. If you wish to use any part of this website, contact copyright@sample.com. 4.7 With respect to text or data entered into and stored by publicly-accessible site features such as message boards and alerts ("MRS Public Content"), the submitting user retains ownership of such MRS Public Content; (with respect to aggregated or statistical content which is generated by the site to monitor and display Purpose activity, such content is owned by MRS). In each such case, the submitting user grants MRS the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licencable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the TOS. 4.8 With respect to Content posted to private areas of MRS, the submitting user may grant to MRS or other users such rights and licenses as the submitting user deems appropriate. 4.9 Content located on any MRS-hosted area which is subject to the sole editorial control of the owner or licencee of such area, shall be considered to be hosted by MRS in the capacity of an Internet Content Host as defined by the Broadcasting Services Act (Commonwealth of Australia). 4.10 You warrant that the Content which you contribute to the website: (a) does not infringe the Intellectual Property rights of any person; (b) does not comprise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory manner; and (c) is not obscene, offensive, upsetting, defamatory, or in any way unsuitable for people under the age of 18 years. 5. NO RESALE OF SERVICE 5.1 You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services. 5.2 You agree that MRS's Content is valuable Intellectual Property and may not be disclosed to third parties except as authorised by this TOS, the Service-specific Rules or the express written consent of MRS. 6. GENERAL PRACTICES REGARDING USE AND STORAGE 6.1 MRS may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While MRS will use reasonable efforts to backup website data and restore such data as is available in the event of loss or deletion, MRS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. 6.2 MRS reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. 6.3 MRS reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described above. 7. TERMINATION 7.1 Your account may be terminated for reasons that include, but are not limited to, the following: (a) violation of these TOS; (b) abuse of site resources; (c) attempt to gain unauthorized entry to the site or site resources; (d) use of Service in a manner inconsistent with the Purpose; (e) a user's request for such termination; and (f) requirement of applicable law, regulation, court or governing agency order. 7.2 MRS's termination of any user's access to MRS or any Service hereunder may be effected without notice and, on such termination, MRS may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or MRS. 7.3 MRS shall not be liable to any user or other third party for any termination of that user's access or account hereunder. 7.4 Notwithstanding the foregoing, unless prohibited by law or judicial or governmental order, MRS shall make reasonable efforts to make available all information in a user's account to that user prior to deleting that account or marking that account "inactive", including emailing to the affected user 15-days prior notice of such termination and the location of such user's information, and retaining all information for at least 15 days after emailing such notice. 8. LINKS 8.1 MRS, any Service or a third party may provide links to other Websites. MRS exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. MRS shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. 9. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 9.1 You shall indemnify MRS, its officers and employees against any liability relating to your Content provided to this website and against all and any claims or demands, including reasonable legal fees and disbursements of all kinds actually incurred by MRS, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of MRS, your submission, posting or transmission of Content or your violation of the TOS. 9.2 The free information on this website is provided "as is", which in particular means that MRS disclaims any warranty that: (a) The website meets your needs; (b) The website will be continuously available; (c) The website is accurate in every respect; or (d) Any errors will be corrected immediately. 9.3 To the extent permitted by law, MRS disclaims liability for damages at law and in particular special, indirect, consequential or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. 9.4 In the event of any adjudication providing for MRS to pay damages, MRS asserts that such damages be restricted to the costs of replacing the Service to the user or correcting any error by appropriate amendment to the Content on this website. You agree that the maximum damages in financial terms shall be the sum of $10.00. 10. TRADEMARK INFORMATION 10.1 MRS, the MRS logo and other MRS trademarks, service marks, and product and service names are common-law trademarks of sample.com (the "MRS Marks"). All other marks are property of their respective owners. Users may display or use the MRS Marks only with the express written consent of MRS. 11. COPYRIGHTS 11.1 MRS respects the intellectual property of all parties and we ask you to do the same. If a user or other third party believes that his, her or its Content has been copied in a way that constitutes copyright infringement, that user or third party should provide MRS with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that has been infringed; (c) a description of where the allegedly infringing material is located on the website; (d) the affected user or third party's address, telephone number and email address; (e) a statement by the affected user or third party that he or she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by the affected user or third party, under oath, that the above information is accurate and that such user or third party is the copyright owner or is otherwise authorized to act on the copyright owner's behalf. 11.2 If MRS receives such a claim, MRS reserves the right to refuse or delete Content as described herein, or to terminate a user's account as described herein . 12. GENERAL INFORMATION 12.1 The TOS constitute the entire agreement between each user MRS and govern each user's use of the Service, superseding any prior agreements. 12.2 You may be subject to additional terms and conditions that may apply when you use additional Services, affiliate services, third party content or third party software. 12.3 By submitting your research notes to us, you grant us a licence to use it for the Purpose, and publish the information or excerpts from it in any way we determine promotes the Purpose. We may do so for commercial gain, collaborations and online commerce, and in any medium. Copyright 2006