Upallnight.com.au

www.upallnight.com.au (the Site) is a social networking and permission based photo web site containing photographs, digital images, forums and user-generated content. The Site is owned and operated by XF International (UAN).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. UAN'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY UAN, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Important Notice: these Terms of Use constitute a legally enforceable agreement between you and UAN. If you do not agree with any of these Terms of Use, you are not permitted to create a member account and/or use the Site and should immediately exit from it.

By creating a user account and/or accessing and using the Site you agree that your access and use is governed by these Terms of Use. Your use by creating a user account, accessing, browsing, opening or otherwise using any part of the Site is evidence of your acceptance of these Terms of Use.

User ID and member site account

To access and use the members only section of the Site, you are required to register and create a user account with UAN. The registration process requires that you select a password and user name, which consists of an email address you own and use (User ID). You acknowledge and agree that your User ID is accurate and complete. UAN reserves the right to refuse registration of, or cancel a User ID in its sole and absolute discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID. You must immediately notify UAN of any unauthorised use of your User ID or password.

Modifications

UAN may modify these Terms of Use at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after the Terms of Use have been modified, you agree to be bound by the modification.

Permitted conduct

You may use the Site to:

1. view photographs and images on the Site;
2. if accessing the members section of the Site, you may save, tag, send or comment on photographs or images contained in that section the Site; and
3. if accessing the members only section of the Site, you may download, save or copy photographs or images in that section of the Site for your own use, subject to maintaining and not altering any copyright notices or logos contained on the photograph or image.

Prohibited Conduct

You must not:

1. use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
2. use another person’s name, user name, password or User ID without their permission;
3. disclose your User ID to another person;
4. tamper with, hinder the operation of, or make unauthorised modifications to the Site;
5. knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site;
6. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
7. modify, adapt, translate, or reverse engineer any portion of the Site;
8. remove any copyright, trade mark. logo or other proprietary rights notices contained in or on the Site;
9. collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share photographs and images with other UAN users or members;
10. reformat or frame any portion of the web pages that are part of the Site;
11. create user accounts by automated means or under false or fraudulent pretences;
12. use of the Site or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
13. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
14. use the Site otherwise than in accordance with these Terms of Use; or
15. attempt any of the above acts or permit another person to do any of the above acts.

 

Conduct in Forums and Content of Postings

When using or posting to forums or posting content (including photographs and images) on the Site:

1. you agree to use only post relevant content and material;
2. you must not post content or use our forums for any purpose that is unlawful or prohibited by these Terms of Use;
3. without limiting your obligations, you agree that it is an express condition of using our forums and/or posting content to the Site that you will not:
1. violate the legal rights of others;
2. impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;
3. defame, threaten, harass, stalk or flame any other user;
4. publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person’s intellectual property rights or is defamatory, obscene, indecent, pornographic or otherwise objectionable;
5. upload or attach files that contain material protected by intellectual property laws unless you own or have all required licences or consents to use such material;
6. upload or attach files that contain viruses, corrupted files, or any other similar software or programs containing harmful or damaging components designed to interpret, impair, destroy or limit the functionality or operability of any computer system, software, hardware or telecommunications equipment;
7. advertise, solicit business, offer to sell any goods or services;
8. post or send any SPAM, junk mail, chain letters or pyramid schemes;
9. conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
10. recruit other users to join another web site forum, whether personal or otherwise; or
11. post the same message or material more than once in the same forum.
4. we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable laws;
5. you acknowledge that all forums, discussion groups and content postings are public and not private communications. Information or postings submitted to the forum or discussion group by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in a forum or discussion group or any content posting for any reason; and
6. we reserve the right to terminate, without prior notice, your account access.

Intellectual Property Rights

Unless otherwise stated, UAN owns or has a valid licence to use all copyright in the content of the Site and trademarks used on the Site.

You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by UAN, except as permitted in these Terms of Use, as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).

By submitting Content to UAN, you grant UAN a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails and posts to our blog and forums), in any form, and by any current or future media or technology.

 

Limitation of Liability

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the Content, postings or material on or accessible through the Site.

Except as expressly stated in these terms, UAN will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or material of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.

Links to External Sites

Where the Site includes links to other web sites, UAN does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on these other web sites. These sites are maintained by third parties and are not under the control of UAN. UAN is not responsible for the content of any linked site or any link contained in a linked site. Inclusion of a link on the UAN website does not constitute endorsement of that site.

No SPAM

Any publication of e-mail addresses on the Site is for the purpose of professional communication (our newsletters) and communication in relation to our competitions only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.

Indemnity

By entering and using the Site and any services and competitions offered via the Site, you must indemnify UAN against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Site and its information, services, content or materials.

Warranties

UAN provides the Site on an "as is" basis without any express or implied warranty of any kind.

While UAN exercise all due care and precautions, UAN cannot and does not guarantee or warrant that files posted to and/or available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.

In compiling content for the Site, UAN relies on a number of external sources and content posted by third parties. As UAN does not control the content posted by third parties on the Site, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content.

Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of UAN for any breach of the condition or warranty is limited to, at UAN’s option either:

1. the resupply of the services; or
2. the reasonable cost of having the services resupplied; or
3. the cost of repairing or replacing goods; or
4. the reasonable cost of having the goods repaired or replaced.

Severability

If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.

Governing Law

This agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of New South Wales, Australia.

Information Use

We welcome your feedback regarding our Site. If you provide feedback or send comments to us, you agree that UAN is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.

Privacy

The UAN Privacy Policy forms part of these Terms of Use.

Contact Us

You can contact us on:
Email: upallnightau@gmail.com