ETERNITYLAND Website Terms Of Use
Last Updated 20 April 2022
This ETERNITYLAND Website, mobile Website and any smart phone App (Website) is owned and operated by Dancing Giant Productions (ABN 53 987 173 248) (ETERNITYLAND).
By using this Website, you agree with us to be bound by these Terms and Conditions, the privacy policy (Privacy Policy) and any other terms and conditions that appear in or are linked to the Website. If you do not agree to these Terms and Conditions then you should discontinue use of this Website.
In these Terms of Use, reference to:
Content means this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website
“we”, “us”, “our” or “ETERNITYLAND”, then that is a reference to Dancing Giant Productions.
User Content means any user generated content, including (without limitation) audio, video, images, information, material or other content of any kind other than of a personal nature
Your Use of Website
You agree to use the Website solely for your own personal, non-commercial use and agree:
(a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us;
(b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist);
(c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party;
(d) not to upload or post to the Website any content, including (without limitation) audio, video, images, information, material or other content of any kind other than of a personal nature, provided that you agree not to upload or post any content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter;
(e) not to upload or post to the Website any content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity;
(f) not to upload or post to the Website any content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law;
(g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website;
(h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and
(i) not to impersonate any person or entity or falsely misrepresent yourself.
Monitoring of Content
(a) You acknowledge that ETERNITYLAND may or may not pre-screen Content or User Content, and that there is no obligation on ETERNITYLAND to pre-screen Content or User Content, and that ETERNITYLAND shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content or User Content provided by you.
(b) Without limiting paragraph (a), you agree that ETERNITYLAND may edit, remove or not publish any Content or User Content if it considers that:
(i) the Content or User Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;
(ii) the Content or User Content is false or misleading;
(iii) publication of the Content or User Content will infringe intellectual property rights (including copyright) or a person's moral rights;
(iv) the Content or User Content is abusive, offensive or obscene; or
(v) the Content or and User Content otherwise in breach of these Terms and Conditions.
(c) Although we may from time to time monitor or review Content and User Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.
Intellectual Property and use of Content
Unless indicated otherwise in these Terms and Conditions, we own or license from third parties all rights, title, and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Content.
The Content may only be used or reproduced by you for non-commercial personal use. No part of this Website or Content may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent. This means that may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any Content that is not your User Content without our prior written consent
You agree that where required by law, we shall be entitled to deliver or provide access to any User Content and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.
Social Media & Consents
Permissions You Give to Us.
As part of the Terms of Use, you also give us certain permissions and consents to use your User Content.
By uploading, posting or submitting User Content to the Website you consent to, and grant us a non-exclusive, royalty-free, worldwide, revocable non-transferable, perpetual licence to, use, modify, adapt, delete from, add to, publicly display, reproduce distribute and communicate, that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason), including editing, compiling and assembling video works, interstitials or the use of photographic works as underlying works compiled into moving image without limitation in any online media formats (including e-newsletters), through any social media channels, pages or accounts. If you have any moral rights in the User Content, you consent to us doing any act that but for this consent would be an infringement of those moral rights.
We do not claim ownership and copyright of your User Content. User Content will continue to appear if you shared it with others and they have not deleted it. If User Content is used on ETERNITYLAND’s digital or social platforms, your name and/or business will always be credited. We may also choose at our sole discretion to link back to your Website or business social media profile.
You agree that ETERNITYLAND may, at its discretion attach logos or other branding devices on User Content consisting of photos or videos. You can revoke the above-mentioned licence or consents at any time by contacting us in writing at hello@eternityland.com.au and informing us that you no longer want us to use your User Content.
Consent to use your username, and profile picture.
You give us consent to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products and Instagram, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.
Third-Party Material
This Website may contain links to content or Websites operated by third parties (Third Party Links). Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by or approved by us. Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.
Privacy, Cookies, Data Matching, Pixels
You acknowledge that all personal information that we collect from you will be collected and handled in accordance with our Privacy Policy.
ETERNITYLAND, its Websites and its third party partners, including analytics partners (such as Adobe Analytics and Google Analytics) and data matching software partners/providers, may use a various methods to collect information from you, including through cookies, pixels and data matching. For more information about cookies, data marching and pixels and how we use cookies please see our privacy policy.
Liability
With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, any User Content, the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms and Conditions.
Indemnities
With respect to the Website, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these Terms and Conditions; or (c) to the extent permitted by law, your use of the Website.
Amendments
These Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website are subject to change without notice to you at any time and at ETERNITYLAND’s sole discretion. Your continued use of this Website will always be subject to the most current version of the Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website.
General
With respect to this Website, these Terms and Conditions as well as your use of the Website shall be governed by the law of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. You may not assign or deal with the benefit of these Terms and Conditions without our prior written consent. We may assign or deal with the benefit of these Terms and Conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These Terms and Conditions (together with the Privacy Policy and other documents linked to these Terms and Conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements, and undertakings, whether verbal or in writing. These Terms and Conditions may only be amended by us as specified in clause 11 of these Terms and Conditions. If any provision of these Terms and Conditions is held invalid, unenforceable, or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties. We can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.
Maps
Maps on this Website are indicative only. You should refer to an appropriate road map prior to committing to any travel arrangements. Effort has been made to ensure that the details on maps were accurate at the time of publish, however ETERNITYLAND cannot accept any responsibility for any errors or omissions. The representation of any road is not necessarily evidence of public right of way.
Market Research Surveys
Surveys are designed to collect specific market research and/or demographic information that ETERNITYLAND may use for future production strategy development. The Personal Information that is collected from you by this survey is de-identified so that your identity can no longer be determined. The original survey is held by ETERNITYLAND.
Competitions
Competitions are designed to encourage consumers to participate in Arts related activities and events and to collect specific market research and/or demographic information that ETERNITYLAND may use for planning and strategy development of future creative endeavours.
Information we collect from you will only be used to send you the special promotional material and will not be used for any other purpose. The receipt of the special promotional material is voluntary and can be changed, deleted, or unsubscribed at any time.
Disclaimer
ETERNITYLAND uses its best endeavours to keep the information included in this Website up to date, however the information, for example, prices quoted and services availability, may change.
All information in this Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness, fitness for purpose or of the results obtained from using this information. The information is provided on the understanding that ETERNITYLAND is not providing professional advice on a particular matter.
There are risks associated with the transmission of information over the internet and you should therefore make your own assessment of the risks in the provision of your information to ETERNITYLAND Website.
To the extent permitted by law, ETERNITYLAND: excludes all warranties as to and responsibility for the accuracy, completeness or suitability of the information on this Website or any linked site or for any error or omission in that information; and will not be liable for any loss or damage suffered or incurred by any person arising from the use of or reliance on the information, material or data contained on this Website or any linked Website.
Feedback
ETERNITYLAND values any comments you may have concerning the structure or content of this Website. Your comments will be kept on file for planning purposes, so that our future upgrades to the Website can incorporate the wishes of our users. Your e-mail comments will be kept solely for the purposes of future planning and will not be integrated into any of our consumer databases. We will not disclose your e-mail addresses or any Personal Information they may contain, to anyone outside ETERNITYLAND. Should you wish to view your comments at any time please contact us at hello@eternityland.com.au.
ETERNITYLAND may provide feedback facilities on their Websites to allow users to provide input into the future development of the sites and to comment on the provision of service by ETERNITYLAND. The provision of personal details on feedback is optional. Users may provide personal details for the purpose of receiving a reply to their feedback. This Personal Information will only be used for the purpose for which it was provided. We will not add your email address or name to any mailing list.
ETERNITYLAND may publish aggregated information about feedback on the Website but will ensure that this aggregated information cannot be used to identify individual users.