- These terms and conditions govern your use of this website (and the definition of website is inclusive of any blog and blogging elements of this site). By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. If you disagree with the terms, but use this website in any event, you will be bound by these terms in full.
License to use website
- Unless otherwise stated, Melodu (“Melodu”) and/or its licensors own all the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved and are not transferred to any user in any way, shape or form.
- You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these, or the Melodu general, terms and conditions. You must not:
- republish material from this website (including republication on another website);
- (ii) sell, rent or sub-license material from the website;
- (iii) show any material from the website in public;
(iv) reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
(v) edit or otherwise modify any material on the website; or
(vi) redistribute material from this website except for content specifically and expressly made available for redistribution.
- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Melodu’s express written consent.
- You must not use this website to transmit or send unsolicited commercial communications.
- You must not use this website for any purposes related to marketing without Melodu’s express written consent.
- Access to certain areas of this website is restricted. Melodu reserves the right to restrict access to other areas of this website, or indeed this entire website, at Melodu’s discretion.
- If Melodu provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, including any applications related to Melodu, you must ensure that the user ID and password are kept confidential.
- Melodu may disable your user ID and password, or remove any current or previous user content, blog posts or comments that you have left on the website, in Melodu’s sole discretion without notice or explanation.
- In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
- Subject to any other intellectual property rights you grant to Melodu, you grant to Melodu a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Melodu the right to sub-license these rights, and the right to bring an action for infringement of these rights on your behalf. Should this clause be inconsistent with any other grant of intellectual property rights of any kind to Melodu, then the grant of greater / wider intellectual property rights shall apply and, of a greater grant had been given to Melodu, then only this clause will be severed from this agreement.
- Your user content must not be, inter alia, illegal, offensive, derogatory or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Melodu or a third party (in each case under any applicable law).
- You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- Melodu reserves the right to edit or remove any material submitted to this website, or stored on Melodu’s servers, or hosted or published upon this website.
- Notwithstanding Melodu’s rights under these terms and conditions in relation to user content, Melodu does not categorically undertake to monitor the submission of such content to, or the publication of such content on, this website.
- This website is provided “as is” without any representations or warranties, express or implied. Melodu makes no representations or warranties in relation to this website or the information and materials provided on this website.
- Without prejudice to the generality of the foregoing paragraph, Melodu does not warrant that:
(i) this website will be constantly available, or available at all; or
(ii) the information on this website is complete, true, accurate or non-misleading.
- Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
- Melodu will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
(i) to the extent that the website is provided free-of-charge, for any direct loss;
(ii) for any direct, indirect, special or consequential loss; or
(iii) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if Melodu has been expressly advised of the potential loss.
- Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Melodu’s liability in respect of any:
- (i) death or personal injury caused by Melodu’s negligence;
- (ii) fraud or fraudulent misrepresentation on the part of Melodu; or
(iii) matter which it would be illegal or unlawful for Melodu to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
- If you do not think they are reasonable, you must not use this website.
- You accept that, as a limited liability entity, Melodu has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Melodu’s officers or employees in respect of any losses you suffer in connection with the website.
- Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Melodu’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Melodu.
- If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- You hereby indemnify Melodu and undertake to keep Melodu indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Melodu to a third party in settlement of a claim or dispute on the advice of Melodu’s legal advisers) incurred or suffered by Melodu arising out of any breach by you of any provision of these terms and conditions, or arising from your breach (whether known or unknown) of the intellectual properties rights of other parties, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
- Without prejudice to Melodu’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Melodu may take such action as Melodu deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, removing any or all of your user content, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- Melodu may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
- Melodu may transfer, sub-contract or otherwise deal with Melodu’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
- You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- These terms and conditions constitute the entire agreement between you and Melodu in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
- These terms and conditions will be governed by and construed in accordance with governing law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Victoria in Australia.