Frequently Asked Questions

Terms of Use

• Your Agreement
• Jurisdiction
• Intellectual Property Rights
• Communication Facilities
• User Licence to Monash Photos and the Monash Student Association Clubs & Societies Council
• External Sites
• Disclaimers and Limitations of Liability
• Disclaimer of Endorsement

Your Agreement

These terms of use govern your use of the Monash Photos web site (the "Site").

You may use the Site as:

• a "Visitor", meaning you access unrestricted, public parts of the Site; and/or
• a "Registered User," meaning you access restricted parts of the Site, using a username and password.

"User" means a Visitor and/or a Registered User.

By using the Site as a User, you:

• agree to be bound by these term of use; and
• represent and warrant that you are authorised to bind yourself.

Jurisdiction

If a dispute arises regarding these term of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.

If you access the Site in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Intellectual Property Rights

The content, software and trademarks used on the Site are protected, and are owned by the respective copyright/trademark holders. Except to the extent permitted by relevant copyright legislation, where necessary for viewing content on the Site, or where there is clear and express language to the contrary on a page on the Site or a document hosted on the Site, you must not use, copy, modify, transmit, store, publish or distribute any content on the Site, or create other material using content on the Site, without obtaining prior written permission of the copyright/trademark owner.

Communication Facilities

The Site contains communication facilities that allow Users to edit content and send electronic messages ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Site that you do not:

• restrict or inhibit any other User from using the Site;
• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic or indecent information, or material of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civic liability or otherwise violate any applicable law;
• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights, or wich is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; or
• post or transmit any material of any kind which contains a virus or other harmful component.

User Licence to Monash Photos and the Monash Student Association Clubs & Societies Council

By submitting any information or other material ("Submitted Content") on the Site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you:

• represent and warrant that you own or otherwise have all rights, approvals, licences and/or consent necessary to submit the Submitted Content;
• represent and warrant that use of the Submitted Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person; and
• grant Monash Photos, and the Monash Student Association ("MSA") Clubs & Societies Council("C&S"), a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted licence to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such Submitted Content (in whole or in part) or prepare derivative works, in any format or medium now known or later developed.

Monash Photos, C&S and MSA do not claim ownership of any intellectual property rights over the Submitted Content you submit on the Site.

External Sites

The Site may contain links to web sites of third parties ("External Sites"). Monash Photos is not required to maintain or update these links.

Links to External Sites should not be construed as any endorsement, approval, recommendation or preference by Monash Photos of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly indicated on the Site.

Monash Photos makes no warranties and accepts no liability in relation to material contained on External Sites.

Disclaimers and Limitations of Liability

Except where to do so would cause any part of these term of use to be illegal, void or unenforceable, Monash Photos:

• excludes all conditions and warranties implied into these term of use;
• to the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of the Site; and
• excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including, without limitation, loss of revenue and loss of, or damage to, data) suffered or incurred in connection with the Site.

Without limiting the general disclaimer, Monash Photos:

• makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. Monash Photos is not liable to you or anyone else if errors occur in the information on the Site or if that information is not up to date;
• will not be liable for disruptions to the Site; and
• is not liable to you or anyone else if interference with, or damage to, your computer systems occurs in connection with use of the Site or an External Site. You must take your own precautions to ensure that whatever you select for use from the Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Disclaimer of Endorsement

Monash Photos does not endorse or recommend any commercial products, processes or services. The views and opinions expressed on the Site do not necessarily reflect those of Monash Photos and they may not be used for advertising or product endorsement purposes.