pool

Pool Terms & Conditions of Use

last updated: 09.09.08

Pool.org.au (“Pool”) is an ABC initiative with support from UTS Sydney, RMIT, and the University of Wollongong. Pool is a space for people to upload and download, create profiles, share, remix and build communities. While encouraging this engagement, the ABC expects all users to treat each other with respect and courtesy. The following Terms and Conditions of Use set out the legally binding terms for your use of Pool. Your continued use of this site, whether you are a visitor or member indicates your acceptance of these terms. If you do not accept these terms you should leave the site immediately. These Terms and Conditions of Use are a supplement to the ABC’s general Conditions of Use. To the extent of any inconsistency between Pool Terms and Conditions of Use and the ABC’s general Conditions of Use, the Pool Terms and Conditions of Use will prevail.

1. REGISTRATION

1.1 To contribute to Pool, you are required to register. Registration will involve you submitting “Your Data” which is managed according to the ABC’s Privacy Policy. . By registering you agree that all information and details provided to the ABC are accurate, true and up-to-date in all respects and at all times.
1.2 When registering you will be asked to select a nickname (a ‘Pool name’) and password. The ABC recommends that applicants use a pen name or pseudonym as their nickname (not their real name). Applicants must not intentionally use the name of another living person.
1.3 The ABC reserves the right to refuse login names at its sole discretion.
1.4 The ABC will not accept any registration that the ABC suspects is being made by or on behalf of a member who has been suspended for violation of these Terms and Conditions of Use.
1.5 Repeated breaches of these Terms and Conditions of Use may cause the ABC to lock and/or delete member registrations.

2. CONTENT: GENERAL

2.1 The ABC does not necessarily endorse or approve any of the content on the site.

2.2 The content on Pool is protected by intellectual property laws. A licence for each piece of content will be indicated by the author/creator. If you wish to use content downloaded from the site otherwise than in accordance with the author’s licence, you will need the approval of the author of the content.
2.3 Pool has mechanisms allowing the moderation of content by users who view content. If you become a member and discover any offensive material, you are asked to alert Site Moderators through the use of the ‘seen a problem?’ button and provide a reason why you find the item offensive. You agree to appropriately and reasonably use the mechanisms provided on the site.
2.4 The ABC endeavours to limit the use of offensive language and images on Pool. However, the expressions and use of language and images on this website is sometimes beyond the control of the ABC. Accordingly, the ABC disclaims all responsibility for the use of offensive language and images.
2.5. All content published on Pool is at the ABC’s sole discretion. All decisions are final and the ABC will not enter into any discussion or correspondence about why content has been rejected.
2.6 All content published on Pool is subject to the ABC’s Editorial Policies.

3. UPLOADING YOUR CONTENT

3.1 Once a registered member, Pool allows you to upload and download, share and remix content. For the purpose of these Terms and Conditions of Use, any content uploaded includes, but is not limited to; mp3s, videos, photos, biographical details, reviews, comments, data posting, forum and blog postings and other text material (‘User Generated Content’).
3.2 The ABC does not guarantee that any User Generated Content uploaded by you (‘Your Uploaded Content’) will be available for viewing, listening to, streaming or downloading by any person, or at any time. In particular, the ABC does not guarantee that Your Uploaded Content will remain stored or accessible on Pool. The ABC may delete, or make (temporarily or permanently) inaccessible Your Uploaded Content at any time and for any reason, including if Your Uploaded Content does not comply with the requirements of the ABC’s Editorial Polices.
3.3 You agree to allow the ABC to select whole or part of Your Uploaded Content to be used for inclusion on Pool.
3.4 The ABC does not warrant that we will archive, back up, or continue to store Your Uploaded Content. You should keep a copy of Your Uploaded Content.
3.5 All copyright in Your Uploaded Content shall remain the property of you. At the time of adding Your Uploaded Content to Pool you will nominate the type of licence which will apply to Your Uploaded Content. You can select the following licensing options for Your Uploaded Content:
(a) Creative Commons Attribution Non-Commercial licence;
(b) Creative Commons Attribution Non-Commercial Non-Derivative licence;
(c) Creative Commons Attribution Non- Commercial Share Alike licence;
(d) Creative Commons Attribution Share Alike licence;
(e) Creative Commons Attribution No-Derivatives licence;
(f) Creative Commons Attribution ;
(g) All rights reserved; or
(h) Public domain
3.6 Your Uploaded Content may be edited or adapted at any time by the ABC in order to:
(i) meet the requirements of broadcasting authorities;
(ii) adhere to any requirements of the ABC Editorial Policies:
(iii) ensure Your Uploaded Content meets any legal classification requirements or to avoid any breach of law;
(iv) use Your Uploaded Content for promotional purposes; and/or
(v) use Your Uploaded Content on any other ABC media platform.

3.7 Should the ABC want to use Your Uploaded Content for any other purpose than those outlined in 3.5, the ABC will first obtain your consent.

4 UPLOADING YOUR CONTENT: YOUR WARRANTIES TO US

4.1 You warrant that Your Uploaded Content does not infringe any other person’s intellectual property rights including, but not limited to, copyright and associated moral rights, and trade marks. In particular:
(a) You warrant that you are the sole copyright owner of Your Uploaded Content and any works or other copyrighted material embedded in Your Uploaded Content, or have received permission from all relevant copyright owners.
4.2 You warrant that Your Uploaded Content is not:
(a) defamatory or otherwise unlawful or that it violates laws regarding harassment, discrimination, privacy or contempt;
(b) abusive or offensive, including obscenity, blasphemy and racial vilification;
(c) seeking to endorse commercial products or activities or to solicit business;
(d) deliberate provocation of other community members;
(e) a posting on behalf of a suspended member. This may lead to you also having your membership locked.

5. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

5.1 All copyright, trade marks and other intellectual property rights in Pool (including the design, arrangement and look and feel) and all material or content supplied as part of the site, other than in any User Generated Content, shall at all times remain the property of the ABC.

5.2 The ABC is not responsible for the availability or content of any third party websites or material you access through this site. The ABC does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material.
5.3. To the extent permitted by law, the ABC does not accept any liability (including liability due to negligence) to you or any person for any loss or damage incurred as a result of accessing Pool, any of the content on the site, or uploading content to the site. Any liability that cannot be legally excluded is limited to the maximum extent possible.

6. YOUR INDEMNITY TO US

6.1. If you breach any of the warranties contained in point 4 of these Terms and Conditions of Use you indemnify the ABC, its officers, agents, employees, partners and licensors against any loss that the ABC may suffer, or any expense the ABC may incur, in connection with your breach of warranty.

7. GENERAL

7.1 You agree that any legal issues in connection with Pool, including but not limited to any disputes in connection with any User Generated Content, will be governed by the law of New South Wales and you irrevocably submit to the jurisdiction of courts in New South Wales.
7.2 The may amend these Terms and Conditions of Use at any time, at the ABC’s complete discretion. These amendments shall be effective upon posting on Pool. Your continued use of the site after the terms have been posted indicates your acceptance of the amendments. You must frequently check these terms to see whether they have been amended. However, the ABC will endeavour to post any changes to the Terms and Conditions of Use on the Pool blog.