Statement of Terms and Conditions
This agreement was written in English (Aus). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: 15 September 2014.
Statement of Terms and Conditions
This Statement of Terms and Conditions (“Statement,” “Terms,” or “STC”) derives from the FANZAC Principles, and is our terms of service that governs our relationship with users and others who interact with FANZAC. By using or accessing the FANZAC website, social media sites or app, you agree to this Statement, as updated from time to time in accordance with Section 6 below.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
2) Sharing Your Content and Information
You do not own all of the content and information you post or email to the FANZAC website or social media sites. In addition:
a) For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission; you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you email or post on or in connection with FANZAC (IP License). This IP License never ends.
b) You cannot delete IP content.
c) When you submit content or information using the FANZAC website or app, it means that you are allowing FANZAC, to access and use that information, and to associate it with you (i.e., your name, email address and submission sheet).
d) We always appreciate your feedback or other suggestions about FANZAC, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep FANZAC safe, but we cannot guarantee it. We need your help to keep FANZAC safe, which includes the following commitments by you:
a) You will not email or post unauthorised commercial communications (such as spam) on FANZAC.
b) You will not collect users’ content or information, or otherwise access FANZAC, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
c) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on FANZAC.
d) You will not upload viruses or other malicious code.
e) You will not bully, intimidate, or harass by emailing or posting content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
f) You will not do anything that could disable, overburden, or impair the proper working or appearance of FANZAC website, such as a denial of service attack or interference with page rendering or other functionalities.
g) You will not facilitate or encourage any violations of this Statement or our policies.
4) Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
a) You will not email or post content or take any action on FANZAC that infringes or violates someone else’s rights or otherwise violates the law.
b) We can remove any content or information you email or post on FANZAC if we believe that it violates this Statement or our policies.
5) About Advertisements and Other Commercial Content Served by FANZAC
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
a) You give us permission to use your name, email address, picture, content, and information in connection with commercial, sponsored, or related content served by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or picture with your content or information, without any compensation to you.
b) We can give your content or information to advertisers as you are deemed to have given your consent by agreeing to these Terms & Conditions.
c) You understand that we may not always identify paid services and communications as such.
a) Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the FANZAC Site Governance Page) and an opportunity to comment on changes to this Statement. You can also visit our FANZAC Site Governance Page and “like” the Page to get updates about changes to this Statement.
b) If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
c) Your continued use of FANZAC website following changes to our terms constitutes your acceptance of our amended terms.
a) You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or FANZAC exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
b) If anyone brings a claim against us related to your actions, content or information on FANZAC, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on FANZAC and are not responsible for the content or information users transmit or share on FANZAC. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on FANZAC. We are not responsible for the conduct, whether online or offline, or any user of FANZAC.
c) WE TRY TO KEEP FANZAC UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FANZAC AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FANZAC WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FANZAC WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FANZAC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FANZAC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FANZAC WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FANZAC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8) Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with FANZAC outside the United States:
a) You consent to having your personal data transferred to and processed in the United States.
b) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on FANZAC (such as advertising or payments) or operate a Platform application or website. You will not use FANZAC if you are prohibited from receiving products, services, or software originating from the United States.
c) Certain specific terms that apply only for German users are available here.
a) By “FANZAC” we mean the features and services we make available, including through (a) our website at www.FANZAC.com and any other FANZAC branded or co-branded websites or other social media sites or platforms (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
b) By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from FANZAC or provide data to us.
c) By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with FANZAC.
d) By “content” we mean anything you or other users email or post on FANZAC that would not be included in the definition of information.
e) By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from FANZAC or provide to FANZAC through Platform.
f) By “post” we mean post on FANZAC or otherwise make available by using FANZAC.
g) By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
a) This Statement is an agreement between you and FANZANA Pty Ltd. References to “us,” “we,” and “our” mean either FANZANA Pty Ltd or FANZAC as appropriate.
b) This Statement makes up the entire agreement between the parties regarding FANZAC, and supersedes any prior agreements.
c) If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
d) If we fail to enforce any of this Statement, it will not be considered a waiver.
e) Any amendment to or waiver of this Statement must be made in writing and signed by us.
f) You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
g) All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
h) Nothing in this Statement shall prevent us from complying with the law.
i) This Statement does not confer any third party beneficiary rights.
j) We reserve all rights not expressly granted to you.
k) You will comply with all applicable laws when using or accessing FANZAC.
You may also want to review the following documents, which provide additional information about your use of FANZAC:
Data Use Policy
Information we receive and how it is used
Information we receive about you
We receive a number of different types of information about you, including:
Your information is the information that’s required when you sign up for the site, as well as the information you choose to share.
1. Submission information:
When you submit information to FANZAC, you are required to provide information such as your name, email address and gender. In some cases, you may be able to register using other information, like your country.
2. Information you choose to share:
Your information also includes the information you choose to share on FANZAC, such as when you email a submission, photo, or video.
It also includes the information you choose to share when you communicate with us, such as when you contact us using an email address.
Your submission information is treated just like information you choose to make public.
Information others provide about you
We receive information about you from your friends and others, such as when they upload a photo of you or include you in a story they submit.
When people use FANZAC, they may store and share information about you and others that they have, such as when they upload stories, photos or videos.
3. Use of information:
FANZAC will provide a copy of what you submitted to the Australian and New Zealand War Memorials for them to use for research and historic purposes.
FANZAC may take certain photos, videos and stories and may publish those stories, photos or videos in book, report, electronic documentary or similar