(a)you, the user of the Website; and
(b)us, Beesting Communications Pty Ltd, the publisher and proprietor of Curve (the iPad app) and operator of the Website.
For this reason these Terms are important and you should read them carefully. If you have any questions, please contact us by email on email@example.com before you use the Website. If you do not agree with any of the Terms, please do not use the Website.
1.Licence to use the Website
1.1 By using the Website you acknowledge and agree that you:
(a)have read and understood the Terms; and
(b)agree to be bound by the Terms.
1.2 We grant you a non-exclusive, worldwide, non-transferable, limited licence to access and use the Website in accordance with these Terms.
1.3 If you are a subscriber to Curve, we also grant you a non-exclusive, worldwide, non-transferable licence to access and use “subscriber only” content upon registration for use of the Website, in accordance with these Terms.
1.4 You agree that you will not provide your secure log-in details, or assist an unregistered user, to gain access to “subscriber only” content.
1.5 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
1.6 You agree to abide by any forum rules (or equivalent) and acceptable use policies currently in force (see clause 4) if you wish to interact with other users of our Website through blogging, microblogging or social networking facilities offered through the Website, or if you wish to engage in online discussions on our Website.
1.7 You must not add content to the Website or supply information on registration:
(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 untrue, inaccurate or incomplete, 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) that would bring us, or the Website, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.8 You indemnify us fully for any losses, damages and costs incurred as a result of your breach of these terms.
1.9 The Website contains third-party advertising and promotional material and includes links to other websites as well as content added by people other than us. We:
(a) do not endorse, sponsor or approve any user generated content, or content or material supplied by a third party advertiser or available on any linked website; and
(b) take no responsibility for the content, privacy practices, goods or services offered by third party websites, materials or content.
1.10 You acknowledge and agree that:
(a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;
(b) the Website may be unavailable from time to time (including for maintenance purposes);
(c) the Website is provided on an “as is” basis and we do not warrant that it will be accessible by every browser, operating system or device, or in a timely, continuous and secure manner;
(d) while we take care in checking the materials we present on the Website, we provide general information only and none of the material on the Website or in Curve magazine should be construed as advice and should not be relied on as such; and
(e) we make no representations or warranties in relation to the accuracy or reliability of any content on the Website. To the extent permitted by law, we exclude all liability for any injury, loss, damage or cost arising from use of the Website.
2.Intellectual Property Rights
2.1 The Website and its content are protected by current and future intellectual, industrial and commercial property rights including without limitation, common law and statutory rights and interests in copyright (including rights in the nature of or analogous to copyright), design rights and trade mark rights. We reserve all rights.
2.2 You acknowledge that all intellectual property rights in text (including articles, news stories, and blog posts, comments and entries), graphics, images, photographs, layout and design, trade marks, brand names, logos, tag lines and slogans belong to or have been licensed to us. This material is made available to you only as set out in these Terms. Other than such permitted use, you must not download, store, disseminate, communicate, republish, post, reproduce or adapt such material in whole or in part without our prior written consent. You can request permission by contacting us by email on firstname.lastname@example.org.
2.3 Nothing in these Terms constitutes 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 Website.
2.4 By posting or adding any content onto the Website, 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, or by making additions or delections to the material) and permit us to authorise any other person to do the same.
2.5 You consent to any act or omission which 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.
2.6 Clauses 2.4 and 2.5 survive termination of these Terms.
2.7 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.4 and 2.5.
3.1 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause 1.6.
4.Acceptable Use Policy
4.1 You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
4.2 You are entitled to access and use the Website for your own personal, private and non-commercial use, provided that you do not:
(a) download, communicate or print any material in a systematic or regular manner so as to create a database (electronic or paper form);
(b) remove or obscure any notices relating to the ownership of copyright, trade marks or other intellectual property rights;
(c) publish, reproduce, communicate, publicly perform, modify, translate, reverse engineer, reproduce, decompile, disassemble, adapt or create derivative works from any material on the Website, or a substantial part thereof;
(d) loan, rent, sub-licence, commercially exploit or otherwise give or transfer any rights in the material to any person without prior written consent;
(e) use the Website:
I. to send or distribute unsolicited messages (“spam”);
II. for any purposes connected to any business, including sending unsolicited advertisements or promotional material;
III.to use or transmit any material that contains software viruses or other computer code, file or programs designed to interrupt or limit the functionality of any computer software, hardware or telecommunications equipment;
IV. to interfere with or disrupt the Website and/or any of its services;
V. to collect or store personal data about other users of the Website without their express consent.
4.3 You agree that any material submitted by you for publication on the Website, including material sent via forums, chat services, blogs or social media content will be subject to these Terms.
4.4 We reserve the right not to publish any material submitted, or to delete or remove the material without notice.
5.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
5.2 To the full extent permitted by law, we exclude all representations, warranties 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 or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option to the replacement or supply of equivalent goods or services.
6.Subscriptions, and cancellations
6.1 The Curve iPad app is published quarterly, every February, April, July and October on iTunes Newsstand on the App Store. Curve design connections is published monthly. Subscriptions to operate on an annual basis.
6.2 Subscribers to Curve will be provided with access to Curve editions on an iPad and online access to “subscriber only” content on the Website (including access to the current issue and the archive, as well as a newsletter by email) from the date of purchase for the full subscription period (one year from the date of purchase). Curve design connections is a web app viewed directly from curvelive.com
7.Buying from third party websites
7.1 The Website may link to or frame merchant websites that offer you the opportunity to purchase goods and services from third parties. In such cases, the legal contract for the supply of these goods and services will be between you and the relevant third party (the Merchant).
7.2 We do not make any warranties in relation to the the quality, fitness or characteristics of such Merchant goods and services, and the sale and supply of such goods and services, and the provision of warranties in relation to the quality, fitness for purpose and description of goods are the sole responsibility of the Merchant.
8.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.
8.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
9.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
9.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
9.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
9.4 This agreement is governed by the laws of Victoria, Australia, and each party submits to the jurisdiction of the courts of Victoria, Australia.