1. Terms and Conditions of Use Agreement and Privacy Statement
The web-based content management system provided as a service to third parties and its’ related services (CMS) covered by this agreement (License) are the property of Ideatum Pty Ltd A.C.N. 616 632 912 trading as Infopond (InfoPond). InfoPond is not a publisher. It operates its’ CMS for use by third parties to store, format and control the display of their content (Service). Content stored, formatted and served by Services may include any combination of text, image, audio and or video made available to Users and links to third-party content (Media).
Services are made available to users of the Service who subscribe and pay for the Licensed use as any of the roles provided for by the Services and which includes but is not limited to Author, Editor, Translator, Analyst and Publisher (User) at the price levels specified in relevant InfoPond web pages (Fee) on the condition that at the InfoPond’s sole discretion InfoPond reserve the right to modify the License. Users will be provided with prior notice and option to pay at expiration of any valid payment period for a new License under a revised Agreement or cease use of Services and not pay for a new License.
1.1 Acknowledgement: User acknowledges that this Agreement is concluded between User and InfoPond only, and not with any other users of this Service.
1.2 Scope of License: The License granted to the User for use of the Services under this Agreement is limited to a non-exclusive and non-transferable License to use Services on any one device at any one time. To be clear the general public can freely view Services. The User must not permit any other person or organisation to share their access details or use the User’s License to use the Services.
1.3 Maintenance and Support: InfoPond is responsible for effecting support services with respect to this Agreement as solely defined under the relevant Service Level Agreement (SLA) between InfoPond and User.
1.4 Warranty: In the event of any failure of the Service to conform to the applicable SLA, the User may notify InfoPond, and in the absence of ability to rectify the non-conformity InfoPond will at its discretion refund the License Fee (if one is paid) on a pro-rata basis as appropriate for the Service to the User; and that, to the maximum extent permitted by applicable law, InfoPond will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Users responsibility.
1.5 Legal Claims Relating to User Media: The User acknowledges they, not InfoPond, are responsible for rectifying any claim brought by the public or any third party relating to Media uploaded by User, including, but not limited to: (i) liability; (ii) discrimination; and (iii) legal damages
1.6 Intellectual Property Rights: The User acknowledges that in the event of any third party claim that any combination of text, images, audio and video uploaded to the Services by the User infringes that third party’s intellectual property rights, the User, not InfoPond, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
1.7 Legal Compliance: The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
1.8 Name and Address: Our contact details to which any User complaints or claims with respect to the Services should be directed is included at the end of this Agreement.
1.9 Third Party Terms of Agreement: User must comply with all applicable third party terms of agreement when using Services. For example User must not be in violation of the terms of service provision of their credit card provider where User pays for services via credit card.
1.10 Third Party Beneficiary: User acknowledges and agrees that InfoPond and or the User and their respective subsidiaries, are or may be third party beneficiaries of this Agreement, and that, upon the User’s acceptance of the terms and conditions of this Agreement, InfoPond and or User will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.
1.11 By clicking on “Agree”, User or User agrees to be bound by all terms in clauses and subclauses inclusive of this Agreement and warrant that User is eighteen years of age or older. In the event that User is not eighteen years of age or older then the relevant parent or legal guardian must indicate by clicking on “Agree” that they agree to ensure they both understand and will abide by all terms of this Agreement.
Advertising and Advertisements
Preamble – InfoPond do NOT display advertisements in their customer’s pages. However, Users may display their sponsor’s (Advertiser) advertisements (Ad) in their own pages and generate revenue under the terms of this Agreement.
1.12 InfoPond provides the following advertising services (Advertising Services) for each Ad:
–1.12.1 InfoPond format the Advertisers finished art for correct display
–1.12.3 If artwork is not finished (display ready) InfoPond optionally offer to format artwork for the fee specified in the price list made available by InfoPond.
–1.12.4 Configure the ad’s URL, text and contact details.
–1.12.5 Process Advertiser’s payment – contact Advertiser so as to attempt to resolve any issues.
–1.12.6 Configure Ad to display for the agreed period.
–1.12.7 Reconcile debits, credits, fees, clawbacks and refunds then settle payment to the User’s nominated account.
1.13 User may only display Ads using InfoPond’s Advertising Services under the terms of this Agreement.
1.14 User must not circumvent or allow circumvention of any InfoPond “Advertising Services”.
1.15 In return for providing User with Advertising Services InfoPond charge User a flat fee per ad, per month. This is the InfoPond Ad Fee (InfoPond Ad Fee) and is specified in the price list made available by InfoPond.
1.16 Credit Card Transaction Fee (Credit Card Transaction Fee) InfoPond’s integrated credit card service provider charges a merchant fee per transaction as specified in the price list made available by InfoPond. User and InfoPond must pay their share of the Credit Card Transaction Fee on a prorate basis.
1.17 The InfoPond Ad Fee and Credit Card Fee will be deducted from the payment User receives from the sale of each Ad.
1.18 Settlement of Advertising Fees – After the expiration of each Ad’s display cycle and clearance of payment for this ad by Advertiser, InfoPond will credit User’s bank account with the amount received from their relevant Advertiser minus relevant InfoPond Ad Fee and Credit Card Transaction Fee.
1.19 Advertiser Refund – In the event of a refund being granted to an Advertiser at the discretion InfoPond, the relevant User must repay any funds InfoPond paid to it for the relevant Ad or, at InfoPond’s discretion, InfoPond will retain funds to the same amount from future payments due to User.
1.20 Advertisers are billed by Ideatum PL trading as InfoPond. Users in the role of Publisher or Editor must make each of their advertisers aware of this in advance of any bill being issued by InfoPond to the Advertiser.
Media Storage and Retention
1.21 User must agree to maintain one or more “local backups” of their Media where “local backups” in this case means that a complete copy of User’s Media is also stored by the User on systems other than InfoPond Services.
1.22 InfoPond reserves the right to delete Media uploaded by Users associated to an Organisation where the Organisation has no Users paying an InfoPond subscription Fee for a period of three (3) months in any five (5) month sliding window.
2. Limited License
2.1 Upon accepting the terms of this Agreement InfoPond grants the applicant User a limited, non-exclusive License, non-transferable License to use the Services for the purposes intended as defined in this Agreement.
2.2 Use of Service does not give the User ownership of any intellectual property rights in InfoPond or media provided by InfoPond or Media provided by other Users.
2.3 This License is granted to the applicant personally and you shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
2.4 No License is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of InfoPond or subsidiary.
2.5 InfoPond owns all intellectual property developed by or for InfoPond in Services including but not limited to software components and algorithms of the Services.
2.6 InfoPond may have incorporated intellectual property owned by others (Third Parties) into the Services. Third Party licenses, if any, may be accessed under “Third Party Licenses”.
2.7 InfoPond own customer data collected through any registration process. InfoPond abides by its Privacy Statement in relation to this data. We advise you to read the InfoPond Privacy Statement AND the privacy statement of all relevant third-parties.
3. Restrictions on Use
3.1 You may not redistribute or use the Services in a manner other than that provided by InfoPond to access the Services.
3.2 Without the prior express written authorization of InfoPond you may not create or use any software other than that provided by InfoPond to access the Services.
3.3 You may not modify, reverse engineer, de-compile or disassemble Services software code or in any way ascertain, decipher, or obtain the communications protocol or other information for accessing the Services.
3.4 You may not adapt, alter, modify, translate, or create derivative works of the Services (including without limitation the communications protocols for the Services) without the express written permission of InfoPond.
3.5 You may not block, disable or otherwise affect any sponsorship, advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services.
3.6 You may not register with and log on and off the Services, locate users or send messages through the Services except through the use of the Services as provided for by this Agreement.
3.7 You may not collect or solicit names, display names, email addresses, passwords or any other personal information from the Services other than that provided for by the Services.
3.8 You may not attempt to gain access to any part of the Service not generally accessible to Users, or transmit any viruses, worms, Trojan horses or any items of a destructive nature or purpose.
3.9 You may not authorize or assist any third party to breach any of the terms in this Agreement.
3.10 You may not upload Media or allow the display of your sponsor’s Ads that could place children at risk; is abusive, offensive or disruptive; is potentially damaging to the reputation of or infringes anyone’s rights; is in contempt of court; is illegal, or glamorises illegal activity; contains links to a log-in or takes the User’s browser to a download, viruses, spyware or paywall; is in violation of a local state or national election rule; contains yours or someone else’s personal data; contains spam, or does not otherwise comply with the rest of this Agreement.
4. Acceptable Use
4.1 You represent and warrant that you will use the Services only for lawful purposes and in accordance with this Agreement, and that you will not use the Services to violate any law, regulation or ordinance or any right of InfoPond or any third party, including but not limited to, any right of privacy, publicity, copyright or trademark.
4.2 You take full responsibility for your conduct whilst using the Services and agree to use common sense and abide by basic etiquette and all terms in this Agreement when using the Services. You acknowledge that InfoPond and their officers, directors, employees and agents are not responsible for any Media uploaded or distributed by you to or through the Services. InfoPond disclaim any responsibility or liability arising from your use of the Services and display of Media uploaded by you.
4.3 You agree to respect the intellectual property of others and agree not to infringe the patent, trademark, logo, trade secret, copyright or other intellectual property rights of others.
4.4 You agree not to harass, threaten, stalk, abuse, defame, embarrass or cause distress or discomfort upon another user through the use of the Services.
4.5 You agree not to make any communications using the Services that are offensive, racial, discriminating, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
4.6 In the event any User displays Media subject to identified intellectual property rights you agree not to use that Media in a manner which contravenes the stated intellectual property rights. For example, where an image is displayed under copyright you may not use and or re-use that copyright image.
4.7 You agree not to disrupt the normal flow of information on or through the Services or otherwise act in a manner that negatively affects the Services or other Users.
4.8 You agree not to use the Services to distribute any advertising, promotional content or any other forms of solicitation outside of the promotional and advertising services provided by InfoPond or without the prior written consent of InfoPond.
4.9 You agree not to intentionally or unintentionally violate any applicable local, state or national or international law and not to use the Services to provide information or instructions concerning illegal activities.
4.10 You agree not to impersonate any other person or represent yourself in any manner as an InfoPond or employee or representative.
4.11 You agree that InfoPond are not required to monitor, control or endorse the content published by Users.
4.12 InfoPond may respond to alleged copyright infringement by terminating the account of repeat infringers.
5. Copyright, Trademark and Logo
5.1 Where a Contributor has authored or otherwise owns copyright in Media to be uploaded to and used by Services, the Contributor agrees that by uploading Media to Services the Contributor provides InfoPond with a worldwide, non-exclusive and royalty-free license to use that Media.
5.2 It is important for Users to understand that each User retains any copyright to Media they own after they license it for use by Services. Copyright is not transferred to InfoPond because it is licensed to InfoPond under the terms stated herein.
5.3 Users must ensure the copyright status of third-party Media they upload to InfoPond has been correctly specified AND InfoPond are permitted under law to use the Media in the Service.
5.4 Users must ensure the copyright status of Media to which they claim copyright status and they upload to InfoPond has been correctly specified AND InfoPond are permitted under law to use the Media in the Service.
5.5 If a User cannot verify that the Media they intend to provide can be legally provided to InfoPond in a manner compliant with this Agreement then they must not provide the Media to InfoPond.
5.6 If a User seeks to provide text not authored by them or co-authored with others they may only do so if it is legally available to them to do so under the terms of this Agreement.
5.7 It is incorrect to assume InfoPond review Media. InfoPond may review Media upon receiving a complaint about Media from other Users or the public. InfoPond may remove Media where they reasonably believe it violates this Agreement or the law. But that does not mean that InfoPond review all Media. It is the responsibility of each User to review their Media for compliance to this Agreement prior to uploading Media to InfoPond Services.
5.8 To be clear InfoPond permits the linking and display of media hosted on YouTube and SoundCloud subject to their respective terms and conditions. Otherwise InfoPond permit non-text Media to be contributed subject to the terms of this Agreement. The User must use the Service resources when creating their entry to reference the license under which the non-text Media is licensed and ensure they provide a link to the full terms and conditions of that license.
5.9 InfoPond reserves the right for its Editors to make Media available under a license which varies from the terms herein. InfoPond pages individually identify the license and the source of Media on that page. This makes it possible for Users to identify how they may use Media.
5.10 Any trademark, service mark, name, or logo of InfoPond and any other organization are the exclusive property of their owner.
6.1 Should you breach any of the terms of this Agreement, your right to use the Services may be suspended immediately and terminated should the breach not be rectified.
6.2 InfoPond may at any time cease to renew the Services or any part thereof with a prior notice period equal to twice the relevant payment cycle.
6.3 You may terminate this Agreement by simply discontinuing use of the Services. You must pay to InfoPond any amounts owed to it within the time period agreed prior to termination.
6.4 In the event of any termination of this Agreement, the restrictions on your use of the Services as set out in this Agreement shall survive such termination, and you agree to be bound by those terms.
6.5 InfoPond may respond to alleged copyright infringement by terminating accounts of repeat infringers.
7.1 You acknowledge that assistance in using the Services is limited to that contracted SLA as posted on relevant InfoPond pages.
7.2 You acknowledge that where part of Service requires an update to the software or Media this update may occur automatically or by notification.
8. Privacy and Security
8.1 This privacy section discloses the privacy practices for InfoPond the provider of Services. If you believe InfoPond are not abiding to terms stated in this privacy section you may contact InfoPond via their Contact Us form informing them of your specific concern.
8.2 Information Collection and Use
InfoPond will not sell or rent collected information to others in ways different from that which is disclosed in this statement. If you have accessed Services through any channel other than directly with InfoPond we advise you to read the Privacy Statement of that channel. InfoPond may collect information from Users at different points in the use of Services.
In order to upload information to the Service, a User must first complete the registration form. During registration a User is required to give their contact information such as name and email address. This information is used to contact the user about Services and manage use of Services. It is optional for the User to provide any requested demographic information but encouraged so we can provide a more personalized experience on our site.
A cookie is a piece of data placed by the Service and stored on the User’s electronic device. It may contain information about the user but is not linked to personally identifiable information such as User name. Cookies enable the Service to track User’s interests and in doing so enhance User’s experience of our Services. InfoPond may allow other companies such as Google to present promotions within Services. In such cases these third parties may seek to place cookies on your device. Other companies’ use of their cookies is subject to their own privacy policies, not this one.
8.5 Service Information Updates and Newsletter
As a condition of subscribing to the ability to upload Media to the Service all Users must agree to receive newsletters and information pertaining to Services and Service maintenance and updates from InfoPond.
8.6 Surveys & Contests
If a member of the public elects to use InfoPond and or User referral service to inform a friend about Services, then Services will seek friend’s name and email address. InfoPond and or User may automatically send the friend a one-time email inviting them to visit the nominated web address and subscribe to the Service. Service temporarily maintains this information for the sole purpose of sending this one-time email and then automatically deletes the information.
InfoPond takes precautions to protect Service from intrusion. The Service utilises third-party providers such as Amazon Web Services as System host and Google for registration and authentication services. We encourage Users to refer to the relevant Amazon and Google pages to understand the measures taken by these providers in the protection of User information and Media.
8.9 You acknowledge that through use the Internet the Service is subject to various security and privacy issues and that by using the Services you may be subject to various risks, including but not limited to:
(i) Exposure to objectionable material and/or parties, including without limitation, contaminated files and viruses.
(ii) Unauthorised invasion of your privacy during, or as a result of, your use or another user’s use of the Service.
(iii) Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, “imposturing”, electronic trespassing, tampering, hacking, nuking, Service contamination including without limitation use of viruses worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your electronic device and other forms of activity that may be considered unlawful.
(iv) Unauthorised exposure of information and material you listed or sent, on or through the Services, to other users, the general public or any other specific entities for which the information and material was not intended by you.
8.10 Notwithstanding the risks stated in above paragraphs InfoPond will undertake its best endeavours to reduce the above risks and prevent them occurring. Due to the nature of the Internet InfoPond does not provide any guarantees that the above and or like risks will not occur and InfoPond is does not accept liability where they do occur.
8.11 If you do not wish to be subjected to these risks, you are advised not to use the Services.
8.12 You are advised that the Services should not be used for purposes you consider Private and Confidential, that you do not wish to be publicly accessible.
8.13 You agree that InfoPond is not required to monitor, control or endorse Media provided by Users including but not limited to concepts, ideas, views, opinions, beliefs, text, image, graphics and video.
8.14 InfoPond reserves the right at all times to disclose necessary information concerning your use of the Service without prior notification to satisfy applicable laws, regulations and legal processes.
8.15 You acknowledge that where indicated by the Services the information you enter into a specified field when using the Services is available to and may be seen by all Users of the Service and the general public.
9. Changes to Services
9.1 InfoPond constantly changes and improves Services. InfoPond reserves the right to amend Services and this Agreement. InfoPond will provide notice of changes to this Agreement as and when changes are implemented. If you do not wish to be governed by the amended Agreement you may terminate your use of the Service by complying with the appropriate clause(s).
9.2 InfoPond reserves the right to introduce charges for the use of Services previously provided free of charge. Where InfoPond intends to introduce charges for the use of Services previously provided free of charge, it will provide notice of this intention. If you do not wish to be governed by the amended Agreement you may terminate your use of the Service by complying with the appropriate clause(s).
9.3 Where InfoPond deem you are in breach of copyright or payment or in breach of this Agreement InfoPond may at its sole discretion provide 7 days prior notification then cease to display your Media and terminate or suspend your use of the Services should you fail to rectify stated breaches during the notification period.
10.1 Unless legally incapable of exclusion, the Services are provided “as is” without warranties of any kind, either express or implied, including but not limited to warranties that the Services are:
(i) Free of defects or errors
(iii) Able to meet any requirements of you or anyone else
(iv) Able to operate on an uninterrupted basis
(vi) Fit for a particular purpose
(vii) Virus free
10.2 You acknowledge that other than enforcing the terms of this Agreement InfoPond has no control over the content to which you may be exposed whilst using the Services and you assume full responsibility for the risks of using the Services.
11 Limitation of Liability
11.1 You agree that your use of the Service will be at your own risk. InfoPond make no express or implied warranties about the accuracy or completeness of Media displayed by Service or completeness of Service.
11.2 To the fullest extent permitted by law, InfoPond, their officers, directors, employees, agents, volunteers and licensors disclaim all warranties, express of implied, in connection with Service, all Media and your use thereof.
11.3 If the Service is found to be defective InfoPond will rectify the defect at its sole discretion. InfoPond’s liability is limited to this only.
11.4 Neither InfoPond, its officers, directors, employees or agents shall be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to lost profits and lost data, in any way arising out of or relating to the use of the Services. Where the exclusion or limitation of liability for consequential or incidental damages is not permitted by law, liability shall be limited to the extent permitted by law.
12 Injunctive Relief
12.1 Disclosure or misuse of any of InfoPond’s proprietary and confidential information contained in or relating to the Services will give rise to irreparable injury to InfoPond that would be inadequately compensated for in damages alone. Accordingly, InfoPond may seek and obtain injunctive relief against the breach or threatened breach of the aforementioned undertakings, in addition to any other legal remedies that may be available.
13.1 If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions remain in full force and effect. If a conflict occurs between these terms and any additional terms, the additional terms will take precedent and control for the conflict. This Agreement is governed by the laws of the State of Victoria, Australia and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Services resides in the Federal and State courts of the State of Victoria, Australia.
13.2 Reference to:
(a) a reference to a clause in this Agreement represents all sub-clauses to the clause;
(b) one gender includes the other genders;
(c) the singular includes the plural and vice versa;
(d) a Party includes the Party’s executors, administrators, successors and permitted assigns; and
(e) a statute, regulation or provision of a stature or regulation (“Statutory Provision”) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision.
13.3 Headings and use of bold text are for convenience only and do not affect the interpretation, or form part of this Agreement.
13.4 Clause numbers are for purposes of reference only.
13.5 “Including” and similar expressions are not words of limitation.
13.5 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
13.7 References to Dates and Times are made in respect of Australian Eastern Standard Time.
13.8 The terms of this Agreement may not be amended or modified by you. InfoPond reserves the right to transfer, assign, sublicense or pledge in any manner whatsoever any of its rights or obligations under this Agreement to a subsidiary, affiliate, successor thereof or any third party whatsoever, without notifying you or receiving your consent.
13.9 If User does not comply with these terms and InfoPond do not take immediate action under these terms this does not indicate InfoPond are giving up any rights it has under these terms.
14.1 Any notice given by InfoPond in connection with this Agreement shall be written in email and shall be delivered by email to the email address provided by the User identified as Publisher at the time of notice issuance.
InfoPond Contact Information
Corporate: Ideatum Pty Ltd ACN 616632912
Doc ID: Terms and Conditions of Use InfoPond ver 2.0