Terms and Conditions - General Website Terms

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1 Ownership

Troy Simpson and Denise Sutherland own and run this site.

2 Change

Sometimes we may change these terms to keep current with laws and policies. So, please read these terms periodically to make sure you agree to and understand the latest terms. By continuing to use this site, you agree to the latest terms.

3 Not legal advice

Everything on this site is for INFORMATION ONLY. This includes tips we, or our free online editor, give on plain legal language. You must ALWAYS get professional legal advice rather than relying on information that we, or anyone else, provide on this site.

4 Intellectual property

We own the copyright in the text we've written for this site.

Third parties may own other product names and company names on this site.

What you CAN do with our material

You can do the following with our material. You can:

  • link to our material, subject to the clauses below about illegal and offensive sites;
  • save, print, distribute, and use as teaching and learning aids our e-cards, puzzles, and quizzes, so long as you keep the links to our website, do not make sell our materials, do not claim you own our materials, and accept our other clauses about liability, indemnities, and warranties; and
  • otherwise print hard copies of our material for your personal information, but not commercial use, and store a copy of our material on your computer for the purpose of viewing the material.

What you CANNOT do with our material

Unless we expressly approve it in writing or the Copyright Act 1968 (Cth) allows it, you MUST NOT:

  • use our trademarks; or
  • remove the link to our website "www.english-language-skills.com" on our marketing materials and resources, such as our e-cards, puzzles, and quizzes.

You should also get the consent of third party trademark owners before using their trademarks.

7 Linking to this site (legal, non-pornographic, non-gambling, and inoffensive sites)

If your site is legal and has no pornographic or other offensive material, and isn't an online gambling site, then we encourage you to link to this site, and you don't need our permission. But you must remove the link if we ask you to.

8 Linking to this site (illegal, pornographic, online gambling, and offensive sites)

This site is a FAMILY site. So, if your site is illegal, contains pornographic or other offensive material, or is an online gambling site, you MUST NOT link to this site and MUST NOT link to the sites that monitor our web statistics.

9 Code of conduct

What you MUST NOT do

Without limiting your obligations, you MUST NOT do any of the following:

  • swear;
  • impersonate anyone;
  • violate others’ rights;
  • stalk, flame, harass, defame, or threaten anyone;
  • post or send spam, junk mail, chain letters, or pyramid schemes;
  • use our site for illegal purposes or for purposes that these terms forbid;
  • advertise, solicit business, or offer to sell goods or services, without our permission;
  • use a false header or other identifiers to disguise the origin of a posting or uploaded content;
  • deliberately post the same message or material more than once;
  • run a game, raffle, or contest (regardless of whether participants pay a fee), without our permission;
  • recruit people to join another website or website forum, whether personal or otherwise, without our permission;
  • publish or distribute unlawful or objectionable material, including material that is obscene, indecent, pornographic, defamatory, or otherwise objectionable;
  • post material or upload or attach files that are protected by intellectual property laws, unless you own or have got all the required consents and licences to use such material; or
  • attach or upload harmful files, such as files that contain viruses, corrupted files, and programs designed to limit, impair, destroy, or interrupt the functionality or operability of any software, hardware, computer systems, or telecommunications equipment.

What we CAN do

Your contributions are not private communications between you and someone else. That means we can edit, filter, review, remove, and moderate your posts without notice for any reason. We may also keep, disclose, and monitor information to satisfy applicable laws.

10 No warranties

We provide this site "as is" without express or implied warranties. While we take all due care and precautions, we make no warranty or representation that the content on this site, and content accessible through this site, is free from viruses or other defects and harmful components. We don't warrant that access to, or use of, this site will be uninterrupted or error-free. We don't warrant the quality, completeness, accuracy, timeliness, suitability, physical state, reliability, or a particular purpose of the content on this site or content accessible through this site.

11 Capacity

You promise us that you are 18 or older, or your parent or guardian has consented to your using this site and they agree to these terms for you.

12 Links to other sites

This site links to third-party websites. We don't control those sites and we're not responsible for them. We don't endorse the content of those sites. You use third-party websites at your risk. We can't promise that third-party websites do not infringe someone else’s intellectual property rights. So, you mustn't take us to be authorising infringement of the intellectual property rights by our linking to those sites. We're also not responsible for the privacy practices of third-party sites and we don't know if those third-party sites use cookies or other tracking devices. If your privacy worries you, you should find out the privacy policies of those third-party sites.

13 Waiver

If we don't strictly enforce these terms, then it won't be a waiver of our right to strictly enforce these terms later.

14 Limit of liability

You accept all risks and responsibility for all loss, costs, damage, and other consequences of using this site or the content or material on or accessible through this site.

We will not be liable for any loss at all (including, without limitation, special, indirect, incidental, or consequential loss, or loss of profits), damage, expense, or injury that is suffered (however so caused) in connection with your using this site or the content or material of this site (including linked websites), except for liability that we cannot legally exclude. Where we cannot legally exclude liability, our liability is limited to our minimum obligations required by law, which may include, at our election, our replacement of the goods, supply of equivalent goods, re-supply of the services, payment of the cost of having the goods or services replaced or re-supplied, the repair of goods, or the cost of having the goods repaired.

15 Indemnity

By using this site, you indemnify us against all costs (including legal costs on a full indemnity basis), claims, awards, demands, judgments, damages, proceedings, and any other liability whatsoever, wholly or partly arising from your using or accessing this site and its content, breaching these terms, or participating in our blog forums and competitions.

16 Severability

If a term is invalid or unenforceable, then that term will be "read down" (if it can) so that it will be valid and enforceable. If that isn't possible, then the term will, so much that it is capable, be severed from the rest of the terms to the extent of the invalidity or unenforceability, without affecting the remaining terms.

17 Governing law

These terms will be subject to and interpreted according to the laws of the Australian Capital Territory (ACT). If a dispute arises between you and us, then you will submit to the non-exclusive jurisdiction of the ACT’s courts.

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