Coastal Walkabout User Agreement
The Coastal Walkabout website (the “Website”) is a not-for-profit project nested under an over-arching citizen science hub. The project aims to gather and disseminate observations of marine/coastal organisms and habitat through an open access model, providing the data for anyone that is interested in using it.
The Website was established in 2013 and is currently owned by Murdoch University ABN 61 616 369 313 of South Street, Murdoch, Western Australia (“Murdoch University”). In the future Murdoch University envisages entering into a consortium with representatives from government, universities, industry and management agencies which may lead to the ownership of the Website being more widely distributed.
You can use the Website to send your photographs, video recordings and observations of the coastal environments, including animal species type and location of your sighting. These images and observations are intended to inform interested parties of the data and information.
1. Use of the Website
Public use of the Website is free but is a privilege and not an entitlement. Murdoch University may change its services and suspend or terminate any your use at any time at its absolute discretion.
2. No control over content
The Website acts as a community information service. Users acknowledge and agree that Murdoch University has no control over the quality, accuracy or authenticity of the content posted on the Website.
3. Murdoch University released
Users of the Website are solely responsible for any content listed on the Website. To the extent permitted by law, Murdoch University disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Website.
4. Infringement of intellectual property rights and consents
By submitting photographs, cinematograph films, sound recordings, observations, or artistic works (“Material”) onto the Website you warrant that you are the owner of the copyright that subsists in such Material and that any personal information accompanying the Material is accurate.
Material posted on the Website must not be false, inaccurate, misleading or deceptive; must not be fraudulent; must not infringe any third party’s copyright, moral rights, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; must not violate any applicable law, statute, ordinance or regulation; must not be defamatory, libellous, threatening or harassing; must not be obscene or contain any material that is in any way inappropriate or unlawful.
You agree that you are over 18 years of age and are therefore eligible to contribute to the Website.
5. Public Licence granted by you to use your Material
In relation to Material that you submit to the Website, you agree:
(a) to grant to Murdoch University and any other users of the Website (by way of a sub-licence from Murdoch University) a Public Licence (as defined below) to use that Material, subject to the Public Licence Attribution & Notice Requirements (as defined below) and your Public Licence Moral Rights (as defined below) and limited by the Public Licence Restrictions (as defined below); and
6. Your Public Licence to use other Material
In relation to Material submitted to the Website by users other than you, you are granted a Public Licence (as defined below) by Murdoch University to use that Material, subject to the Public Licence Attribution & Notice Requirements (as defined below) and the author’s Public Licence Moral Rights (as defined below) and limited by the Public Licence Restrictions (as defined below).
The Public Licence granted to you shall terminate automatically upon any breach by you of the terms of this Agreement.
7. Breach and suspension or termination of use
Without limiting other remedies available to Murdoch University at law, in equity or under this Agreement, Murdoch University may, without notice and at its sole discretion, remove a user’s Material from the Website, temporarily suspend, indefinitely suspend or terminate any users right to use the Website if they have, or Murdoch University believes that they have, breached this Agreement.
8. Compliance with laws and limitation of liability
Users solely, and not Murdoch University, are responsible for ensuring that and any activities conducted on the Website are lawful. Members must ensure that they comply with all applicable laws in Australia and other countries.
By submitting Material onto the Website you confirm that you have not harmed, abused or threatened any animal shown in the Material and you agree that you have complied with all relevant laws, and obtained any necessary Government approvals, in relation to animal ethics or treatment that may by relevant.
To the extent permitted by law, in no event shall Murdoch University, its affiliates, collaborators, funders or related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website.
Users agree to accept sole responsibility for the legality of their actions under the laws which apply to them. Users agree that Murdoch University and all affiliates, collaborators, funders and related entities of Murdoch University have no responsibility for the legality of the Website users’ actions.
To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, Murdoch University’s liability, and the liability of its related corporate bodies to users or any third parties, in any circumstance is limited to AUD$1,000.
9. Website interference
Users agree that they will not use any device, software or other means to hamper or to interfere with the proper working of the Website or any transaction being conducted through the Website.
All Users agree to indemnify and hold Murdoch University and all affiliates, collaborators, funders and related entities of Murdoch University and their respective officers, directors, agents and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of a user’s breach of this Agreement or a user’s violation of any law or the rights of a third party.
11. Amendments to Agreement
Murdoch University may amend the terms and conditions of this Agreement from time to time. Except as otherwise stated, all amended terms will automatically be effective 30 days after they are notified on the Website. If a user does not agree with such changes to this Agreement, then they must cease using or browsing the Website. If a user continues to be a user or browser of the Website, then they will be considered to have accepted the varied terms as part of the Agreement.
12. No agency
This Agreement does not create any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship.
Unless otherwise stated, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to Murdoch University ABN 61 616 369 313 of South Street, Murdoch, Western Australia 6150.
This Agreement will be governed in all respects by the laws of the State of Western Australia, Australia and the parties to this Agreement irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia. The provisions of this Agreement are severable and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Murdoch University to a third party without users consent. In the event of any transfer users will remain bound by the Agreement.
Public Licence terms
In this Agreement, the following definitions in relation to licensing of Material apply:
Public Licence means a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) licence to exercise the following rights:
(a) make a copy of the Material in any material form; and
(b) make the Material available to the public by any means, including publication, electronic communication, or broadcast.
The above rights may be exercised in any media or format whether now known or hereafter created. They include the right to make modifications that are technically necessary to exercise the rights in other media and formats.
All rights not expressly granted by the licensor are reserved. The licensor waives the right to collect royalties for any exercise of the rights granted under this licence. The licensor reserves the right to release the Material under different licence terms or to stop distributing the Material at any time.
Public Licence Attribution & Notice Requirements means:
(a) keeping intact all copyright notices for the Material;
(b) providing the name the of the original author of the Material and/or of any other party (such as a sponsor institute, publishing entity or journal) that the original author or licensor has requested be attributed (“Attribution Parties”);
(c) providing the title of the Material (if provided);
(d) clearly identifying any changes were made to the Material; and
(e) not asserting or implying any connection between the Attribution Parties and you or your use of the Material without their prior written permission.
Public Licence Restrictions means:
(a) only using the Material under the terms of the Public Licence;
(b) not offering or imposing any terms on the Material that restrict the Public Licence or the ability of a recipient of the Material to exercise the rights granted to them by the Public Licence;
(c) not sub-licensing the Material (except in the case of Murdoch University which may sub-license the Material);
(d) keeping intact all notices that refer to the Public Licence with every copy of the Material used; and
(e) not imposing any technological measures on the Material that restrict the ability of a recipient of the and Material to exercise the rights granted to them by the Public Licence.
Public Licence Moral Rights means the personal rights granted by law to the original author of a copyright work including the right of integrity of authorship, the right of attribution of authorship, and the right not to have authorship falsely attributed in accordance with the Copyright Act 1968 (Cth).