Terms of Use


These Terms of Use (Terms) govern your use of our website located at creativjoy.com (Site) and form a binding contractual agreement between you, the user of the Site and us, creativjoy.

These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via our Contact Us link on our website.

If you continue to browse and use this Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1.    Information

1.1.    The Sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by creativjoy (ABN 55 603 394 565), or in the case of some material, a third party.
1.2.    You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including the contents, images, files and documents except as permitted by statute or with our prior consent.
1.3.    Our Sites include registered trademarks, and other marks that are otherwise protected by law. You may not use the trade marks without our consent.
1.4.    Many of the products and services offered for sale or advertised and much of the information provided via the Site are the products, services and information of third parties. These third party products, services and information are not necessarily provided by CreativJoy. Further, we may receive fees or commissions from third parties for products or services displayed or made available on the Site or accessible through a link on the Sites. You acknowledge and consent to us receiving such fees.

2.    Licence to use Site

2.1.    We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
2.2.    You may access and use the Site in the normal manner and may also print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these Terms.
2.3.    You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.
2.4.    You must not use the Site:
a.    unless you hold all necessary rights, licences and consents to do so;
b.    that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c.    that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening,  abusive,  liable  to  incite  racial  hatred,  discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d.    to send unsolicited commercial or bulk electronic messages;
e.    to make any fraudulent or speculative enquiries, reservations or requests;
f.    to provide false information when registering or changing your registration details;
g.    that would bring us, or the Site, into disrepute such as tamper with, hinder the operation of or make unauthorised modifications to the Site; to knowingly transmit any virus or other disabling feature to or via the Site; attempt any of the above acts or permit another person to do any of the above acts; or
h.    that infringes the intellectual property or other rights of any person.
2.5.    The Site and our social media sites may contain links to other websites as well as content added by people other than us. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.
2.6.    You acknowledge and agree that:
a.    we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b.    the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).


3.    Intellectual property rights

3.1.    Nothing in these Terms constitute a transfer of any intellectual property rights.
You  acknowledge  and  agree  that,  as  between  you  and  us,  we  own  all intellectual property rights in the Site.

3.2.    Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright that subsists in all creative and literary works displayed on the Site.

3.3.    By posting or adding any content onto the Site, you grant us a perpetual, non- exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content  to the public) and permit us to authorise any other person to do the same thing.

3.4.    You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

3.5.    The licence in paragraph (3.3) will survive any termination of these Terms.

3.6.    You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (3.2) and (3.3).

4.    Warranties

4.1.    You represent and warrant to us that you have had sufficient opportunity to access and comply with these Terms and that you have the legal capacity to
 
enter these Terms. If you do not agree with these Terms please do not use this Site.

5.    Liability

5.1.    To the full extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.

5.2.    To the full extent permitted by law, we exclude all representations, warranties, guarantees or terms (whether express or implied) other than those expressly set out in these Terms.

5.3.    These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Every effort is made to keep the Site up and running smoothly. We take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.

6.    Indemnity

6.1.    You may only use this Site if you agree to indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.

6.2.    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

7.    Changes

7.1.    This information and Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following the amendments indicates that you accept the amendments. You should check these Terms from time to time to review any changes.

8.    Breach of these terms

8.1.    You may only use this Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use this Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to take down content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.

9.    Competitors
 
9.1.    Competitors are prohibited from using the content or information on our Site for the purpose of competing with our business. If you breach this provision, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from the prohibited use. We reserve the right, in our sole discretion to exclude any person from using our Site.

10.    Enforceability

10.1.    If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.

11.    Disputes

11.1.    By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.

12.    Termination

12.1.    These Terms terminate automatically if, for any reason, we cease to operate the Site.

12.2.    We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

13.    General

13.1.    Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

14.    Jurisdiction

14.1.    These Terms are governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia.

14.2.    The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.

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