Terms & Conditions of Use

As consideration for allowing you (User) to view the Content on the website, located at www.shockmansion.com (Site) Users agree to the following Terms & Conditions of Use (Terms & Conditions).The Site is operated by Shock Mansion Pty Ltd ACN 135 885 728 (SM) and provides Users with access to the Content and facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms & Conditions.By viewing the Content, using the facilities on the Site or creating a User Account, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them. If Users do not agree to these Terms and Conditions, please leave this Site immediately.

Definitions

In these Terms & Conditions, unless the context indicates otherwise, the following terms have the meaning contained below:

Content” comprises all forms of creative material in any form and includes, without limitation, photographs, images, artwork, illustrations, video, audio, animations, logos, tools, written posts, replies, and comments, blogs, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services, or associated products and applications.

Premium Services” means the Services the User pays a fee to receive.

Services” means the Premium Services and the applications, products, services, Content and/or links provided by SM or associated with the Site.

User Account” means the account created by a User for the purpose of accessing the Site and the Premium Services (if required).

User Account

User Account

Users may be required to create a User Account in order to use and access Services.

Users must not select or use a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause deception or confusion.

SM can refuse registration of, suspend, cancel, or modify a username or associated URL in its sole discretion.

Confidentiality

Users are responsible for maintaining the confidentiality and the security of their User Account password.

In the event of any actual or suspected loss, theft, or unauthorized use of their User Account or password, the User must notify SM immediately and cease use of their User Account until the problem is resolved.

If the User forgets their password it may not be possible for the User to recover or gain access to their User Account.

Termination of User Account

SM can limit, cancel, suspend or terminate a User Account without notice to the User and without providing a reason if SM consider:

that the User is breaching these Terms & Conditions or the User Guidelines;

that the User’s use of the User Account may breach a third party’s intellectual property rights;

the User is impersonating a person or entity or is or may be causing deception or confusion;

the User has provided accurate and complete User Account registration information;

the User has not kept their User Account registration information up to date.

Users will not hold SM liable for claims, demands or damages (including actual or consequential) of any kind for closing a User Account.

Services

Changes and limitation to the Services

SM may without notice suspend access to the Site or Services or disconnect or deny Users access to any part of the Site or Services during any technical failure or maintenance period.

SM may choose to block or deny a User access to any of the Content or Services contained on the Site.

SM may make improvements or changes to the Site, Services and Content at any time without notice. SM do not warrant that the information architecture or navigation will not change now or at any time in the future.

Prohibitions on use of the Services

Users must not do any of the following while accessing or using the Services:

access, tamper with, or use or attempt to access, tamper with, or use any non-public areas of the Services, or the computer or delivery systems of SM and/or its partners and other service providers;

probe, scan, or test any system or network, or otherwise attempt to breach or circumvent any security or authentication measures;

access or search or attempt to access or search the Services by any means (automated or otherwise) other than through available, published interfaces which are provided by SM;

use the Services or Content for any unauthorised purpose, or scrape Content from the Site;

advertise or offer to sell any goods or services, or conduct or forward surveys, contents or chain letters from the Site;

use the Services or Content to send altered, deceptive, or false source-identifying information; or

interfere with, or disrupt, (or attempt to do so), the access of any other User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

If a User carries out or attempts to carry out any of the above activities, this will result in immediate suspension or cancellation of their User Account.

Content

Compliance with applicable laws

Users must not post Content that violates any applicable laws.

SM is not responsible or liable for the misuse of intellectual property rights in the Content.

Intellectual property rights

Subject to any specific written agreement to the contrary, all intellectual property rights in the Content remain with the existing owner.

No assignment or transfer of intellectual property rights is to be construed as a consequence of the posting, uploading, submission or transfer of Content.

License and warranty

Users grant SM a non-exclusive, worldwide, royalty-free, fee-free, irrevocable license (including the right to sub-license) to the User’s Content for the purpose of and in the course of providing the Services to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, and/or to modify or adapt (including, without limitation, in order to conform it to the requirements of any networks,
devices, services, or media through which the Services are available) the Content and for creating derivative works of the Content.

Users agree that this license includes the right to make all publicly-posted Content available to other associated SM sites and applications (including but
not limited to mobile applications) and/or third parties selected by SM, in order to store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, re-distribute, transmit, and publish the Content and/or to modify or adapt the Content (including, without
limitation, in order to conform it to the requirements of any networks, devices, services, or other media through which the Services may be made available).

Users warrant and represent that they have all of the necessary rights to grant the license for the Content they submit to the Site.

Use of Site Content

SM grants Users a worldwide, non-exclusive, license to download, store, view, display, perform, redistribute, and create derivative works of the Content solely in connection with the User’s use of, and in accordance with the Terms & Conditions of use of the Services.

Termination and deletion of Content

SM may make a User’s Content inaccessible at any time.

On termination of the User Account or upon deletion of particular pieces of User Content, SM may make such User Content inaccessible and cease use of it.
However, the User acknowledges that the User Content may remain available in backups, be stored on SM services, through other Users Content, and that
caching, copies and references to the User Content may not be immediately removed.

Premium Services

Access to Premium Services is subject to the discretion of SM and the User’s payment of any applicable Premium Service fees, taxes and additional charges.

If granted access to Premium Services, the User is granted a limited licence to access and/or use particular aspects of the Services. The User must not download, store, view, display, perform, reproduce, distribute, publish and/or create derivative works of Content accessed through Premium Services within or outside of the Services, except as expressly permitted by the rules of the Services. This licence is personal to the User and cannot be re-licensed, transferred or exchanged.

SM may, in its sole discretion, modify the form and functionality of Premium Services.

SM will endeavour to provide reasonable notice of any changes to terms and conditions or pricing by posting notification on or through the applicable Premium Service and/or by sending email notification. Users may elect not to pay for future Premium Services or not to continue subscription to the applicable Premium Services by written notice of cancellation prior to the change going into effect.

Payment for Premium Services is final and, to the extent permitted by law, non-refundable except at the sole discretion of SM and in accordance with the rules governing the provision of each such Premium Service. If the User Account is terminated or suspended, the licence to the Premium Services is terminated.

Limitation of liability

No duty of care

Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms & Conditions.

SM makes the Site available for Users to use, however SM does not assume a duty of care to Users. SM makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.

Disclaimer of warranties

Users expressly acknowledge and agree that, to the maximum extent permitted by law:

their use of the Site, Services and Content is at their sole risk. The Site, Services and Content are provided on an “as is” and “as available” basis. SM and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

SM its make no warranty that the Site, Services or Content will meet Users requirements, the information contained in the Site, Services or Content is accurate or reliable, the Site, Services or Content will be uninterrupted, timely, secure or error-free, that the quality of the Site, Services or Content, or other material obtained by Users via SM will meet their expectations and that any errors will be corrected;

any Content downloaded or otherwise obtained through the use of the Site or Services is accessed by the User at own discretion and risk, and the User is solely responsible for any damage to their computer or loss of data that results from the download of the Content; and

no advice or information, whether oral or written, obtained by the User from SM or through or from the Site, Services or Content creates any warranty not expressly stated herein.

Limitation of liability

Except for certain statutory warranties under consumer protection laws SM does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Site, Services or Content or the User’s use of the Services or Content on this Site.

Subject to any claims available under consumer protection laws, SM, its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

any inaccurate or incorrect information provided on the Site;

Users use of the Content, Services and Site;

any failure or delay including, but not limited to, the use or inability to use any of the Content and Services;

any interference with or damage to Users’ computer systems which occurs in connection with use of this Content and Services;

any unauthorised access to or alteration of User Account information .

For claims that cannot be excluded or restricted under consumer protection laws, the liability of SM for such a claim will (at SM’s option and to the extent permitted by law) be limited to:

in the case of goods: repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and

if the breach relates to Content: resupplying those or equivalent Content; or paying the cost of having those Content resupplied.

Links to third party sites

SM does not represent that the Content on other websites which the Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.

By inadvertently linking to infringing third party Content, SM is not authorising infringement of any intellectual property rights contained on those websites. Please contact SM at complaints@shockmansion.com to notify SM of any links which the User alleges to be infringements.

Takedown procedure

Awareness

SM take all reasonable steps to be aware of Content published by Users on the Site. SM commit to remove all material as soon as practical after receiving notification that the Content may be a breach of copyright or other intellectual property rights, is defamatory or otherwise claimed to be illegal.

Takedown procedure

To notify SM of a claimed infringement of copyright please send a notification to complaints@shockmansion.com which includes the following information:

the alleged Content in which copyright is claimed and its location on the Site;

information about the complaining party (Complainant) including for example: address, telephone number (land line and mobile) and email address;

an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringed material;

identification of the Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably
sufficient to permit SM to locate the Content;

a statement that the Complainant has a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, agent, or the law; and

a statement that the information in the notification is accurate and, under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Users acknowledge and agree that if SM receives a notice of a claim of copyright infringement, SM may immediately remove the Content from the Site without further notice.

To notify SM of material that a User believes should be removed from the Site other than because of alleged copyright infringement, please email complaints@shockmansion.com.

Miscellaneous

Headings

Headings are for ease of reference only and do not affect the interpretation of the Terms & Conditions.

Currency

All fees on the Site are in Australian dollars, unless otherwise indicated.

RSS Feed

If a User utilises any facilities on the Site such as RSS Feed(s) that may or may not be available from time to time, the format of the RSS Feed must not be interfered with. The User must include the back link to the full article on the Site and show any included attestation.

Trade mark

SM may be the owner of several common law (or where indicated), registered trade marks which appear on the Site. Unauthorised use of these trade marks will infringe SM’s intellectual property rights. If a User has infringed the rights of SM in this regard, SM reverses their rights to take action against the User.

Jurisdiction

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. The Parties submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.

Users located outside of the jurisdiction

No representation or warranty is made that the Content on the Site complies with the laws of any country outside of Australia. A User accessing the Site from outside Australia does so at their own risk.

A User accessing the Site from outside of Australia consents to the transfer, storage and processing of their information, including but not limited to User Content and any personal information, to and in Australia and/or other countries or territories.

Amendments

SM may change the Terms & Conditions as its discretion by providing notice on the Site. The version of the Terms & Conditions that applies to the User will be available on the Site each time the User visits the Site.

The User’s continued use of the Site following changes to the Terms & Conditions indicates the User’s acceptance of these amendments.

Entire agreement

These Terms & Conditions, the Privacy Policy, the User Guidelines and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the User.

Any contact with SM’s officers, agents or authorised representatives that includes any statements, representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms & Conditions.

Indemnity

By using this Site, the User indemnifies SM and its respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that SM may incur or suffer as a direct or indirect result of:

a breach of these Terms & Conditions;

an actual or alleged breach by the User of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site;
or

any claims brought by or on behalf of any third party relating to any act or omission by the User, including breach of a third party’s intellectual property rights.

Waiver

The failure of either party to exercise a right under these Terms & Conditions is not deemed a waiver of that right.

Severability

If any provision of these Terms & Conditions are found void, unlawful or unenforceable then that part will be deemed to be severable from the balance of document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

Assignment

SM may assign or transfer its rights under the Terms & Conditions in whole or in part at any time without the User’s consent.