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General Copyright Policy

Terms and Conditions of Use

 

General

 © Babyboomers Pty Ltd

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

The website at www.babyboomers.com.au (the “Site”) is owned by Babyboomers Pty Ltd.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions of Use.

 

By using the Site, you agree to use the Site in accordance with these Terms and Conditions of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.


We reserve the right to modify these Terms and Conditions of Use at any time, in which case the revised Terms and Conditions of Use will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms and Conditions of Use, as modified.



 

Intellectual Property Rights

(A) Babyboomers Pty Ltd License to You.

This Site and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal non-commercial use only. You may only use this Site and the materials on it as authorised by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorised in these Terms and Conditions of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

(B) Your License to Babyboomers Pty Ltd.

By posting or submitting any material (including, without limitation, text, photos and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are thirteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission.  
When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or Member name, as we deem appropriate.

(C) Notice of Copyright Infringement.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by Mail to Babyboomers Pty Ltd, PO Box 1858, Burnside SA 5066,or by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions of Use or on the Site.

Please include the following information in your written notice:


(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, email address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorised by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorised to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorised on the owner’s behalf to assert infringement of copyright and to submit the statement.

(D) Restrictions on Linking and Framing.

You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by Babyboomers Pty Ltd. However, you may not frame or inline link to any of the content of the Site, or incorporate into another website or other service any of our material or intellectual property without the written permission of Babyboomers Pty Ltd.


 

Message Boards and Other Interactive Features

This Site may include interactive features, including, but not limited to, message boards, web logs, email services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Site. We do not control the messages, information or files that you or others may provide through the Site. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:  

• Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
• Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Gain unauthorised access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
• Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

We shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the message boards or other Interactive Features of the Site, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site. We are not responsible for any offensive, defamatory or obscene posting made on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. Neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the message boards or other Interactive Features of the Site.

  

Registration and Passwords

To access certain features of the Site, we may ask you to provide personally identifiable information such as your name, email address, post code, and date of birth. You will provide true, accurate, current and complete information about yourself for any registration form located on the Site. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorisation; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorised use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorised use of your password or account by a third party.

Use of Directories

The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.

Disclaimers

The Site may provide links to web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.


THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.  
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.


You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.

 

Babyboomers.com.au BB Forums, BB Life & BB Business Listings 

 

 

Terms and Conditions

The following Terms and Conditions will apply to you when using Babyboomers.com.au sections BB Forums, BB Life & BB Business Listings [BB hereafter].

You agree to accept and be bound by these terms and conditions as outlined below. Should you reject the following terms and conditions and not wish to be bound by them, then use of the BB Forums, BB Life and BB Business Listings on this website is prohibited to you.

We may update these terms and conditions from time to time without any notice to You. In addition to the following terms and conditions, You agree also to be bound by any guidelines or announcements that are made during your membership of BB. In addition, when using particular sections of BB, You shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions.

 

1. Definitions

These definitions shall apply to the following terms and conditions in their entirety.

The term “You” or “Your” within these terms and conditions shall be accepted to refer to you, the user of BBF. The term “We” or “Us” or “BB” refers to the Babyboomers.com.au web site, and includes its members. The term “Registration Information” refers to any and all information that is provided by You to Us. The term “Member” refers to the members of BB either individually or as a group. The term “Content” refers to but is not confined to text, links or images found within this web site. The term “Confidential” refers to any and all information not available to the general public. The term “Associate” refers to any employee of Babyboomers Pty Ltd.


2. Acceptable Behaviour

Your use of BB shall be in accordance with these conditions, which are non-negotiable.

You agree that you will not:

  1. Post, transmit, upload, email or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as for example, inside information, confidential or proprietary information gained or disclosed as a part of employment relationships, or under agreements of nondisclosure.

  2. Post, transmit, upload, email or otherwise make available any content that in doing so infringes upon a trademark, patent, copyright, trade secret or other proprietary rights of any party.

  3. Post, transmit, upload, email or otherwise make available any material that contains software viruses, computer code, programs or files that are designed to interrupt, limit the functionality of or destroy any computer hardware or software, or telecommunications equipment.

  4. Post, transmit, upload, email or otherwise make available any content that is illegal, abusive, harassing, defamatory, confidential, harmful, threatening, vulgar, libellous, invasive of another’s privacy, or ethnically, racially or otherwise objectionable.

  5. Impersonate any person or entity. This includes but is not limited to, any BB team member or administrator, any Babyboomers Pty Ltd employee, or falsely state or otherwise misrepresent your affiliation with another person or entity.

  6. Manipulate or forge headers or identifiers with the intention of disguising the origin of any content that you provide to the babyboomers.com.au web site.

  7. Register or post in excess of one account with Us. Should it come to our attention that you have registered more than one account, we may remove your posting rights, therefore prohibiting your participation on BB.

3. Forum Use

This section governs use of the discussion forum, and applies to all users either directly or indirectly, registered or otherwise.

You agree that you will not:

  1. Provoke others or cause trouble. If you wish to argue with people then go to instant messenger or email.

  2. Make personal attacks on anyone during your use of the forum. Do not abuse someone for example, because of their race, colour, sex, or religious beliefs.

  3. Reignite inflammatory threads by creating new threads after existing threads on the same topic have been closed.

  4. Use excessive and unnecessary use of bad language.

  5. Attempt to take threads off-topic or make off-topic posts within threads. Off topic posts may be removed at our discretion. The section marked as a designated “off-topic” area is more relaxed on off-topic posts.

  6. Argue a moderators decision publicly. Any and all complaints directed at a moderating decision should first be addressed to the moderator in question via private message. If the problem can not be resolved, then You should state Your position to the webmasters, who will make or change any and/or all final decisions on a democratic basis.

  7. Reproduce messages sent using the forum Private Messaging function on the forum or anywhere else without permission from the sender, unless requested to by an administrator for site administration purposes.

  8. Have a signature larger than 300px wide by 100px high. If your signature is larger than the allotted size given, you will be requested by a moderator to resize your image. Failing to append your signature when requested to by a member of Our staff will result in the removal of your signature. Signatures may not contain adverts of any sort unless previously agreed by Us. Please also keep text signatures under 4 lines.

  9. Provide links to third party web sites or content unless given express permission to do so by a moderator or administrator. The exception to this condition is links which are shown to be relevant to any discussion taking place will be permitted within the context of that discussion. We may remove third party links at any time with or without explanation.

  10. You must not post or provide any links anywhere on BB, that contain affiliate Id’s which enables anyone, directly or indirectly to profit.

  11. Flame the Babyboomers Pty Ltd staff or technicians in the support sections of the BB Forum or BB Life. In other sections of the forum normal rules apply in accordance with these Terms and Conditions. Abusive posts will not be tolerated under any circumstances.

You agree that:

  1. We may, for content management purposes, move a forum thread to a more appropriate forum area if We feel that it is situated in the incorrect forum area.

  2. We may, for content management purposes, close a thread. This would usually be because the discussion in the thread is not moving along, users are not covering new points, or that the discussion is going around in circles. We would also consider whether the discussion is interesting or motivates participation in the context of the forum subject matter.

  3. We may use an infraction system to warn of inappropriate conduct. Infractions attach points to user’s accounts and expire after a set time period. The points used, and time limits vary with the offense severity. Accounts will be suspended if the total current points reaches or exceeds 5, and are only restored after expiry of sufficient points to drop the total below this limit. When an infraction is issued, or an account is suspended you may PM the team to clarify the matter if you so wish. If appropriate, your comments will be reviewed by team member(s) independent of the original infraction. Removal or alteration of the infraction will only be considered if, in the opinion of the reviewer, a clear mistake occurred. Abusive PMs to the team may attract a longer suspension or even a permanent ban. We reserve the right to permanently ban spammers and persistent troublemakers.

  4. Babyboomers.com.au, and including BB Forum, BB Life & BB Business Listings, is an Australian based, English speaking website, unless you receive prior permission, all posts, articles, signatures or other submissions should be made in English. This is so that we may verify their meaning.

 

4. Third Party Web sites

You accept that we cannot be held responsible for any third party Web sites that you may access through BB, and further agree that any third party content is not our responsibility. We do not endorse any third party Web sites or content unless clearly stated, and therefore cannot be held liable or responsible for any promotion, content, service or product that is located on a third party web site. We further cannot be held liable or responsible for any loss or damage, offence that may be caused, or that you allege has been caused by third party content or Web sites

All and any contact that you have with third party traders or Web sites that you may come into contact with during your use of BB, including but not limited to payments for products or services, any conditions made, warranties offered, or contracts entered into, are your responsibility and not the responsibility of BB.

 

5. Our Rights

You will acknowledge and accept that the BB site contains a large and varied amount of content. We reserve the right to remove or delete in part or in its entirety any content that you submit should We feel that it violate these terms and conditions, or any guidelines or announcements that may be available to view elsewhere on BB. We are neither liable nor responsible for the content that you submit. We will monitor such content as appropriate and act accordingly should we be informed of any objectionable material.

You will acknowledge and accept that all content posted on this site becomes the property of the site owners, you acknowledge that You are the author of each message posted and BB are the publishers. You have 30 minutes to edit or delete your post from the time posted, after this time your posts cannot be altered or removed, you may submit a request to the webmaster or site moderators, to edit or delete your post after the 30 minutes. We will not however, be under any obligation to accept requests to edit or delete a post or a significant amount or all your posts in their entirety. If you request your account to be deleted you acknowledge and accept that we are under no obligation to edit or delete all your posts submitted on the site.

You will acknowledge and accept that we have the right to temporarily or permanently remove your ability to post content, and that we further have the right to ban you from the BB should you break any of these Terms and Conditions.

You acknowledge and accept that in certain circumstances we have the right to provide information to your ISP at our discretion following but not limited to severe disruption by you, the provision of illegal or abusive content, any attempts made by you to re-register after being banned, or for any other reason that involves you breaking these Terms and Conditions.

You will acknowledge that reproduction of material from this web site without prior written permission is strictly prohibited. All contributions to this site are also copyright of the site owner.

You acknowledge and accept that if you are banned from use of the BB web site, you will not in any way attempt to re-register using any other name or identity not known to us, or any other email address not known to us. If you do so, we will pursue the maximum penalty available under your Internet Service Providers’s Acceptable Use Policy.

You have the absolute right to free speech. If you find it impossible to abide by this document, then please feel free to contact one of the many good web hosting companies out there and set up an account, create your own discussion board and exercise that right to your hearts content.

Issued: 1st January 2011

Babyboomers Pty Ltd