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Terms & conditions

Disclaimer 

Access to, and use of, this site is provided by Heyscape subject to the following Terms and Conditions: 

  1. Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. Heyscape reserves the right to change these terms and conditions at any time by posting changes online. 
  2. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.   
  3. Material may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal non-commercial home use. Any other use requires prior written permission of Heyscape. You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal, non-commercial use.  You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party.  Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.   
  4. This site and the information, names, images, pictures, logos and icons regarding or relating to Heyscape, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made and without warranty or any kind whether express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.  In no event will Heyscape be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.  Heyscape does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials.  The names, images and logos identifying Heyscape or third parties and their products and services are proprietary marks of Heyscape and/or third parties.  Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or rights under any trademark or patent of Heyscape, or any other third party. 
  5. Where you are invited to submit any contribution to this site (including without limitation any text, graphics, video or audio) you are required by such submission to grant Heyscape a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work, worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in Heyscape Privacy Policy.  If you do not wish to grant such rights to Heyscape, it is suggested that you do not submit your contribution to this site.  By submitting your contribution to this site, you also: 
    1. Warrant that such contribution is your own original work and that you have the right to make it available to Heyscape for all the purposes specified above; 
    2. Indemnify Heyscape against all legal fees, damages and other expenses that may be incurred by Heyscape as a result of your breach of the above warranty; and  
    3. Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Heyscape site and the other purposes specified above. 
  6. You also agree and confirm you: 
    1. Are at least 18 years old or if under 18 have permission from a parent or guardian; 
    2. Own and control the copyright and or interest in the image and content, and it does not infringe any patent, trademark, copyright or other intellectual property of another; 
    3. Have complied with all laws and regulations associated with acquiring and/or producing the content; 
    4. Acknowledge statements, remarks or claims by you reflect your honest views and experiences; 
    5. Will not make available any material that includes an image or personal information of another person unless you have their consent; 
    6. Have disclosed any commercial connections or interest you have with Heyscape or third-party brands or sellers (i.e. you are an employee, paid blogger or recipient of free products or services); 
    7. Will not be paid by Heyscape for use of your content; and  
    8. Will contact Heyscape at www.heyscape.com.au if you no longer approve of your image or content to be published; 
  7. Heyscape reserves the right to remove postings that, in the opinion of Heyscape are false or misleading statements on Heyscape Products and Services.   
  8. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on the site relating to specific material, then the latter shall prevail. 
  9. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.   
  10. These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia.  Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Western Australia. 
  11. If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.