1.
Terms
and
conditions
You should carefully read the following terms, conditions and disclaimers. By clicking on the ‘I agree’ button below, you agree to be bound by these terms and conditions. if you do not intend to be bound by these terms and conditions, then you should click on the ‘do not agree’ button and not enter this site.
2.
Modification
of terms
and
conditions
You agree that the State may modify these terms and conditions at any time, and such modifications shall be effective immediately upon web posting of the modified terms and conditions.
Your continued use of this website shall be deemed to be your conclusive acceptance of the modified terms and conditions.
3.
Definitions
“Authorised user” means a user who, subject to agreeing to these terms and conditions, is authorised by the State to view the forum on the Young Driver's Website. An authorised user may also submit content for consideration by the moderator.
“Young driver's website” (website) means the IT Infrastructure owned by the State necessary to support the operation of the website for the Young Driver's Project, including but not limited to the content management system operated by the State at the URLs http://www.neverthesameagain.qld.gov.au and http://www.neverthesameagain.com.au.
“Confidential information” means information that is by its nature confidential, is stated by the State to be confidential, or the authorised user knows or ought to know is confidential.
“Content” means any text (including messages submitted by an authorised user), images, audio or video material submitted to the moderator for consideration by the moderator for display on the forum on the Young Driver's Website.
“Contributor” means an authorised user who submits content to the moderator for consideration by the moderator for display on the forum on the Young Driver's Website.
“Copyright” means the rights subsisting in an original literary, dramatic, musical or artistic work under section 32 of the Copyright Act 1968 (Cth).
“Forum” means that part of the Young Driver's website on which the moderator can post Content.
"Information" includes, but is not limited to, any ideas, concepts, drawings, technical information, financial information, trade secrets, computer source code, integrated circuit layout designs, and any other information of any kind or any part thereof, and in any form or medium whatsoever.
“Intellectual Property Rights” means all intellectual property rights, whether registered or unregistered including copyright, know-how, confidential information, trade secrets, business names, company names and domain names, trade marks, trade names, patents, innovation patents, design rights, circuit layout rights, whether created before or after the date of entering into this Agreement.
“IT Infrastructure” means the underlying technological components that constitute your systems architecture which consists of:
(a) physical infrastructure (conduits, cables and wiring, electrical power);
(b) systems infrastructure (computers, servers, modems, routers, switches, hubs, wireless technology); and
(c) supporting software (operating systems, network operating systems, database management systems, development tools and management tools).
“Malicious Code” means any software that attempts to subvert the confidentiality, integrity or availability of the website. Types of malicious code include logic bombs, trapdoors (back door, wormhole, iron box, cracker, worm or logic bomb), trojan programs, viruses, worms and network worms. Malicious code also includes any other defined term in the Australian Government Information Technology Security Manual ACSI 33, Defence Signals Directorate. http://www.dsd.gov.au/_lib/pdf_doc/acsi33/ACSI33_U_0304.pdf.
“Moderator” means the officer nominated by the State who has absolute discretion to decide whether content submitted by a contributor is displayed (posted) on the forum on the Young Driver's Website.
“Moral Rights” means the rights of authors of literary, dramatic, musical or artistic works and cinematograph films set out in Part IX of the Copyright Act 1968 (Cth).
“Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
“The State” means the Crown in right of the State of Queensland, Australia represented through the Department of Transport.
4.
Acceptable
use
policy
You must agree to and abide by the Acceptable Use Policy when submitting content to the moderator for display on the website. In submitting content, you agree:
(a) not to impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious. Making false, misleading or deceptive representations that you are another person or character can amount to a criminal offence and give rise to civil liability;
(b) not to submit content that violates the legal rights of others;
(c) not to submit content that is misleading, deceptive, false, defamatory or libellous;
(d) not to submit content that uses insulting, threatening or provocative language or language that is hateful towards a certain group of people;
(e) not to submit content that incites hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristics;
(f) not to submit content that contains indecent, obscene or pornographic material;
(g) not to use the website to conduct any illegal activity or solicit the performance of any illegal activity;
(h) not to submit content that infringes the intellectual property rights of others;
(i) not to submit multiple copies or versions of your content (spam);
(j) not to submit content that contains, or links to, any commercial advertising material, unless agreed to by the State in writing;
(k) not to submit content that invades the personal privacy of any other person or group;
(l) not to submit content that identifies any other person;
(m) that your content will be relevant to the themes currently being discussed about the Young Driver's Project; and
(n) that your content will be in the English language only as the capacity to translate languages is not available at this point.
5.
Moderation
process
Unless you indicate otherwise in writing, all content you submit to the moderator for consideration for display on the website is deemed to be non-confidential.
Content clearly marked in writing as confidential will not be displayed on the website.
Content will be considered for display on the website.
The moderator does not guarantee that any content you submit to the moderator will be posted on the website. In deciding whether to display content on the website, or to remove content posted on the website, the moderator will consider compliance with the requirements of the acceptable use policy and these terms and conditions.
Moderation decisions
If the moderator decides that your content will be displayed on the website, the moderator can not guarantee that your content will be displayed within a certain timeframe. The moderator does not guarantee that your content will be posted on the website after moderation.
The moderator also does not guarantee that any content you contribute to the website will be protected against loss, misuse or alteration by third parties. In particular, the moderator does not guarantee that you will not suffer loss or diminution of any intellectual property rights you currently own or may be able to obtain in relation to content that you contribute to the website.
The moderator has the right to modify any content that you submit to the moderator.
The
moderator
has
the
right
to take
down
any
content
displayed
on the
website
at any
time
and
for
any
reason.
Any
material,
including
comments,
ideas
and
information
posted
by the
moderator
onto
the
website
will
be in
an un-attributed
form
(that
is,
the
actual
contributor
will
not
be identified).
6.
Security
statement
In viewing the website, or submitting content to the moderator, you agree:
(a) not to submit any content to the moderator which contains or may contain malicious code;
(b) not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the website;
(c) not to tamper with other persons’ access to the website or commit unauthorised intrusion into any part of the website, including computers, files, accounts, networks and equipment;
(d) not to attempt to bypass the network firewall;
(e) not to use any part of the website for which you are not authorised or devise ways to circumvent security in order to access part of the website for which you are not authorised. This includes, but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not; and
(f) not to attempt to misuse the website. This includes, but is not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.
7.
Cumulative
rights
The rights arising out of this agreement do not exclude any other rights of either party.
8.
Enforceability
Any clause or part of a clause of these terms and conditions which is ineffective in any jurisdiction is ineffective only to that extent in that jurisdiction.
9.
Severance
of ineffective
parts
of the
terms
and
conditions
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
10.
No waiver
except
by notice
in writing
No right under these terms and conditions is deemed to be waived except by notice in writing signed by the party waiving the right.
11.
No waiver
of subsequent
breaches
A waiver by a party under clause 15 does not prejudice its rights in respect of any subsequent breach of these terms and conditions by the other party.
12.
No waiver
by extension
or forbearance
A party does not waive its rights under these terms and conditions because it grants an extension or forbearance to the other party.
13.
Governing
law
and
jurisdiction
These terms and conditions are governed by the laws of Queensland, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.