Terms and Conditions
A. Hillsong Church Ltd, trading as The I Heart Revolution ("I Heart", “I-HEART,” "we", "our", "us") operates the Site and can be contacted at PO Box 1195, Castle Hill, NSW, Australia, 1765. The Facilities are a networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends.
B. I Heart respects your User IPR, and requires that our Users do the same. I Heart provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
C. This Agreement sets forth the legally binding terms for your Acceptable Use of the Facilities.
1 ACCEPTANCE OF THIS AGREEMENT
1.1 BY USING THE SERVICES, YOU AUTOMATICALLY AGREE TO BE BOUND BY THIS AGREEMENT, WHETHER YOU ARE A VISITOR OR YOU ARE A MEMBER.
YOU ARE ONLY AUTHORIZED TO USE THE FACILITIES (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED) IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THE YOUR OBLIGATIONS UNDER THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD NOW LEAVE THE SITE AND DISCONTINUE USE OF THE FACILITIES IMMEDIATELY.
IF YOU WISH TO BECOME A MEMBER, COMMUNICATE WITH OTHER MEMBERS AND/OR MAKE USE OF THE SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
1.2 We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice including Facilities and Fees. If we do this, we will Post the changes on this page and will indicate at the top of this page the date these terms were last revised.
YOUR CONTINUED USE OF THE SERVICES AFTER I HEART POSTS A REVISED AGREEMENT AUTOMATICALLY SIGNIFIES YOUR IMMEDIATE ACCEPTANCE OF THE MODIFIED AGREEMENT. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THIS AGREEMENT REGULARLY TO ENSURE YOU ARE UPDATED AS TO ANY CHANGES.
2.1 By using the Services, you represent and warrant that:-
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are thirteen (13) years of age or older; and
(d) if you are between the ages of thirteen (13) and seventeen (17) inclusive, you are under the supervision of a parent or guardian;
(e) your use of the Facilities does not violate any applicable law or regulation. Your Profile may be deleted and your Membership may be Terminated without warning, if we believe that you are under thirteen (13) years of age, if we believe that you are under 18 years of age and you represent yourself as eighteen (18) years of age or older, or if we believe you are over eighteen (18) years of age and represent yourself as under eighteen (18) years of age
2.2 You may not set up a Page including Pages to support or criticize another individual or entity on behalf of another individual or entity unless you are authorized to do so.
2.3 I HEART:-
(a) DOES NOT PRE-SCREEN NOR APPROVE PAGES; AND
(b) CANNOT GUARANTEE THAT A PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A PAGE;
2.4 IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE POSTING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A I HEART PAGE.
2.5 By Registering as a Member:-
(a) you agree to receive emails from I Heart;
(b) You may withdraw your consent to receiving emails from I Heart at any time by clicking the hyperlink labelled "unsubscribe" at the bottom of any email from I Heart.
3.1 This Agreement will remain in full force and effect for the Term.
3.2 You may Terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page.
3.3 I Heart may Terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.
3.4 Even after Membership is Terminated, your commitment to your obligations in Clauses 6 to 16 of this Agreement remains in effect. If I Heart Terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4.1 You acknowledge that I Heart reserves the right to charge for any portion of the Services and to change its Fees (if any) from time to time in its discretion.
4.2 Any Fees paid by you to I Heart will be non-refundable, even if your Membership is Terminated pursuant to Clause 3.
5.1 On becoming a Member please choose a Password. You are entirely responsible for maintaining the confidentiality of your Password. You agree not to use the Account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify I Heart immediately if you suspect any unauthorized use of your Account or access to your Password. You are solely responsible for any and all use of your account.
6 ACCEPTABLE USE
6.1 The Facilities are for the personal use of Members and may be used for promotional purposes as well. Direct commercial endeavours may only be used if they are specifically endorsed or authorized by I Heart.
6.2 Please carefully choose your Profile, which must not include any form of Prohibited Content, as outlined in Clause 7 below. Your Profile must not, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement. I Heart assumes no responsibility or liability for your Profile. If you become aware of misuse of the Services by any person, please click on the "Contact I Heart” or the “Report Bad User” link at the bottom of the Site pages.
6.3 I Heart reserves the right, in its sole discretion, to:-
(a) reject, refuse to Post or remove any Posting (including private messages) by you, or to deny, restrict, suspend, or Terminate your access to all or any part of the Facilities at any time, for any or no reason, with or without prior notice or explanation;
(b) remove commercial content in its sole discretion; and
(c) take appropriate legal action for any illegal or unauthorized use of the Services.
6.4 Any unauthorized solicitation may be removed without notice or explanation and may result in Termination of Membership privileges.
6.5 You agree not to use the Facilities to:
(a) upload, Post, transmit, share, store or otherwise make available any Prohibited Content;
(b) collect contact information of other Users by electronic or other means for the purposes of sending unsolicited communications;
(c) use the Facilities in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
(d) use automated scripts to collect information from or otherwise interact with the facilities;
(e) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(g) solicit personal information from anyone under eighteen (18) years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
(h) intimidate or harass another;
(i) using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(j) use or attempt to use another's account, service or system without authorization from I Heart, or create a false identity on the Service or the Site;
(k) copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Facilities;
(l) selling or otherwise transferring your Profile.
6.6 Without limiting any of the foregoing, you also agree to abide by our I Heart Code of Conduct that provides further information regarding the authorized conduct of users on I Heart.
7 PROHIBITED CONTENT
7.1 Certain User Content will be illegal and prohibited to upload, Post, transmit, share, store or otherwise make available. I Heart reserves the right to investigate and take appropriate legal action against anyone who, in I Heart's sole discretion, violates this provision, including without limitation, removing the offending Content and Terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of I Heart:
(a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult site;
(i) personal information from anyone under eighteen (18) years of age;
(ii) passwords or personal identifying information for commercial or unlawful purposes from other Users;
(f) private information of any third party, including addresses, telephone numbers, email addresses, social security numbers and credit card numbers;
(g) poses or creates a privacy or security risk to any person;
(h) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(i) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
(k) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(l) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) involves commercial activities and/or sales without prior written consent from I Heart such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(n) includes a photograph or video of another person that you have posted without that person's consent;
(o) for personal or corporate profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
(p) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
(q) promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
(r) criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
(s) advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, I Heart reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which I Heart deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to I Heart, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay I Heart USD$50 for each such unsolicited email or other unauthorized commercial communication you send through the Services;
(t) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
(u) involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(v) covers or obscures the banner advertisements on your personal profile page, or any I Heart page via HTML/CSS or any other means;
(w) any automated use of the Facilities, including but not limited to, using scripts to add friends or send comments or messages;
(x) interferes with, disrupts, or creates an undue burden on the Facilities or the Linked Sites;
(y) impersonates or attempts to impersonate another Member, person or entity;
(z) for personal or corporate profiles containing a I Heart player, copies the code for your I Heart Player and embeds it (or directing others to embed it) anywhere other than your profile on I Heart;
(aa) uses the account, username, or password of another Member at any time or discloses your password to any third party or permits any third party to access your account;
(bb) is objectionable or which restricts or inhibits any other person from using or enjoying the Facilities, or which may expose I Heart or its Users to any harm or liability of any type;
(cc) displays an unauthorized commercial advertisement on your Profile, or accepts payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Facilities on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "supported” profiles, or sending private messages with a commercial purpose; or
(dd) uses the Facilities in a manner inconsistent with any and all applicable laws and regulations.
8 I HEART AND USER IPR
8.1 You hereby acknowledge and agree that:-
(a) the I HEART IPR in our Facilities and Our Content remains the property of I Heart Revolution;
(b) nothing in this Agreement will be deemed to convey to the User:-
(i) title in and to the I HEART IPR; or
(ii) any licence or other rights in respect of the Facilities.
8.2 I Heart hereby grants you a limited, revocable, non-transferable Licence to reproduce and display the Our Content (excluding any software code) solely for your personal use in connection with using the Facilities.
8.3 You hereby assign to I HEART all User IPR Posted by you to the site. I Heart is not required to pay you for our use of your User Content.
8.4 Upon removal of your User Content, I HEART will cease distribution as soon as practicable.
8.5 If after we have distributed your User Content outside the Site you change the User Content’s privacy setting to “private,” we will cease distribution of such “Private” User Content outside the Site as soon as practicable after you make the change.
8.6 You represent, warrant and covenant to I HEART that:
(a) you own your User Content; and
(b) by Posting of your User Content you are not violating any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity;
(c) you agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content Posted by you.
8.7 The Services contain Content of Users and other I Heart licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
9 USER CONTENT
9.1 I Heart:-
(a) may in it's sole judgement reject, refuse to Post or delete any Content for any reason, including Content that violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity;
(b) assumes no responsibility for
(i) monitoring the Services for inappropriate Content or conduct;
(ii) if at any time I Heart chooses, in its sole discretion, to monitor the Services:-
(1) the Content, its modification or removal of any inappropriate Content; and
(2) your conduct in Posting any such Content.
9.2 You are solely responsible for
(a) the User Content that you Post and any material that you transmit to other Members or other Users; and
(b) ensuring that all your User Content, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through I Heart.
9.3 I HEART:-
(a) does not investigate, monitor or check for accuracy, appropriateness, or completeness of the Linked Facilities;
(b) is not responsible for any Linked Facilities accessed through the Site including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Linked Facilities.
9.4 Linking by a User neither implies approval nor endorsement by I HEART.
9.5 If you decide to access our Linked Facilities, you do so at your own risk and you will not be governed by this Agreement. You should review the applicable Terms and Policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
9.6 If you believe your User Content has been copied and posted on or through the Services in a way that constitutes copyright infringement, send the Copyright Agent a notification of claimed infringement with all of the following information:
(a) identification of the:-
(i) copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(ii) claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement);
(iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(b) a statement by you that:-
(i) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(ii) made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(c) your physical or electronic signature.
10.1 Whilst you are solely responsible for your interactions with other Members. I Heart reserves the right, without obligation, to become involved in any way with disputes between you and other Members.
10.2 The Agreement will be governed by, and construed in accordance with, the laws of New South Wales, Australia, without regard to its conflict of law provisions.
10.3 You and I Heart agree to submit to the exclusive jurisdiction of the courts located within New South Wales, Australia, to resolve any dispute arising out of the Agreement or the Services.
10.4 EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS CLAUSE IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
11.1 I Heart is neither responsible for nor makes any warranties, express or implied, as to
(a) the User Content or the accuracy and reliability of the User Content posted on or through the Facilities, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of I Heart.
(b) the conduct, whether online or offline, of any User of the Services.
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
(d) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.
(e) any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a I Heart event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and I Heart expressly disclaims any warranty of fitness for a particular purpose or non-infringement. I Heart cannot guarantee and does not promise any specific results from use of the Services.
12.1 Subject to Clause 12.2 and to the extent permitted by the Trade Practices Act 1974 (Cth) (“the Act”) (and relevant state legislation):-
(a) I Heart’s sole obligations under this Agreement are as expressly set out in this Agreement; and
(b) in no event will I Heart be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Facilities or any goods or services provided to you under this Agreement, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
12.2 If the Facilities or any goods or services provided to you by us in accordance with this Agreement is supplied to you as a ‘consumer’ of goods or services within the meaning of that expression in the Act (or similar state legislation), then:-
(a) you will have the benefit of certain non-excludable rights and remedies in respect of the Facilities or such goods or services; and
(b) nothing in this Agreement excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Act (or similar legislation) is so conferred;
PROVIDED THAT if the Facilities or any goods or services provided by I Heart to you in accordance with this Agreement are goods or services not ordinarily acquired for personal, domestic or household use or consumption pursuant to section 68A of the Act (and similar provisions of relevant state legislation), I Heart limits its liability to:-
(c) the supplying of the Facilities or the goods or services again; or
(d) the payment of the cost of having the Facilities or the goods or services supplied again.
12.3 Subject to Clause 12.2, I Heart:-
(a) will not be liable for default or failure in performance of its obligations pursuant to this Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond our reasonable control;
(b) will not be held responsible for any Liabilities caused by, or suffered by you in relation to, an error or defect in the Facilities or errors or faults caused by any person.
13.1 You indemnify I HEART against all:-
(a) Liabilities which I HEART suffers by reason of, or in connection with:-
(i) any of your warranties, or any other covenant or representation of you in this Agreement being untrue or inaccurate in anyway;
(ii) any failure by You to fulfil your obligations under this Agreement;
(iii) any use of the Facilities by you that is prohibited use pursuant to Clauses 6 or 7;
(b) Claims made by any third party, in relation to:-
(i) a matter which constitutes, or in circumstances that constitute, a breach of, or inaccuracy in, any of your warranties or any other covenant or representation of you in this Agreement;
(ii) any failure by you to fulfil your obligations under this Agreement; or
(iii) any use of the Facilities by you that is prohibited use pursuant to Clauses 6 or 7.
14.1 This Agreement:-
(a) is accepted upon your use of the Site or any of the Facilities and is further affirmed by you becoming a Member.
(b) constitutes the entire agreement between you and I Heart regarding the use of the Services.
14.2 The failure of I Heart to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The headings in this Agreement are for convenience only and have no legal or contractual effect.
14.3 If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
15.1 Unless the context otherwise requires, the following keywords will have the meanings ascribed to them:-
Acceptable Use all those provisions of this Agreement which specify your use of the Facilities;
Claim includes a notice, demand, action, cause of action, proceeding, litigation, arbitration, investigation, verdict, judgement, debt due, or Liabilities however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or under the provisions of any statute, award, order or determination, whether involving a third party or a party to this Agreement, and whether or not known at the date of this Agreement;
Content includes text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials, and including both User Content and Our Content;
Copyright those rights of copyright under the Copyright Act 1968 (Cth) in respect of the Site, Services, Content and other rights of copyright throughout the World;
Copyright Agent Copyright Agent, I Heart, Inc., PO BOX 1195, Castle Hill, NSW, Australia, 1765, Attn: Copyright Agent. I Heart's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here.
Facilities Each and every part of the Content and the Services at the time and from time to time including the applicable Fees and the terms of this Agreement;
Fees those fees (if any) charged by I Heart to you at the time and from time to time, and in accordance with Clause 4;
I HEART IPR all the Copyright and Trade Mark Rights referable to the Facilities and Our Content and owned by I Heart at the time and from time to time, and including any improvements;
Liabilities includes all liabilities (whether actual, contingent or prospective), losses, damages, costs and expenses (including any legal costs and expenses) of whatever description;
Licence that non-exclusive, fully-paid and royalty-free Licence by the User to I Heart in accordance with this Agreement to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Facilities, including without limitation distributing part or all of the Site in any media formats and through any media channels, except User Content marked “Private” will not be distributed outside the Site, including the performance of technical functions necessary to offer the Facilities, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Facilities;
Linked that connection made by I HEART with Linked Material and Linked Sites;
Linked Facilities each and every one of those Linked Sites and Linked Facilities at the time and from time to time;
Linked Material articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties;
Linked Sites those sites conducted by third parties and from time to time linked to the Site by I HEART;
Member a User that is not Registered; and "Member" will have a corresponding meaning;
Our Content that Content that is created and provided to the Site or the Services by I Heart Revolution;
Page special profiles created by Users and used solely for commercial, political, or charitable purposes;
Password that password associated with your Member's account (if any) at the time and from time to time;
Posted the act of recording, displaying or publishing information on the Site or its transmission to other Members at the time and from time to time either in respect of the Agreement by I Heart or the User; and “Post” and “Posting” will have a corresponding meaning;
Profile that personal information you post on the Site at the time and from time to time, and “Profiled” will have a corresponding meaning;
Prohibited Content that content that is prohibited to upload, Post, transmit, share, store or otherwise make available and is set out in Clause 7;
Registration registration for an account to use the Site or the Services; and "Registered" and "Register" will have corresponding meanings;
Services each and every one of those services offered by I Heart and hosted in Australia, including the Site, instant messaging service, the application developer service and other features (for example, music and video embedded players), mobile services, and any other features, content, or applications offered from time to time by I Heart in connection with I Heart’s business;
Site each and every website conducted by I Heart at the time and from time to time, including operation through the domain name, theiheartrevolution.com and i-heart.org and upon which the Facilities are delivered;
Sub-License The provision by I HEART of the User Content to affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers;
Submissions questions, comments, suggestions, ideas, feedback or other information about the Facilities posted by a user at the time and from time to time;
Term the period during which a User shall access the Facilities or be a Member, and “Terminate” and “Termination” have corresponding meanings;
Trade Mark Rights those rights in the trade mark application (if any) along with all those rights in the trade nominations of the Assignee and such other names and symbols hereinafter developed or acquired by the User or I Heart which might describe the Site, Services, Content or the operations of the I Heart and capable of protection under the Trade Marks Act 1995 (Cth), Trade Marks Regulations 1995 (Cth), the Business Names Act of each State and Territory of the Commonwealth of Australia or the Corporations Act 2001 (Cth) and by other laws throughout the World;
User either a Visitor or Member at the time and from time to time;
User Content all that Content, including Submissions and Profiles, that is posted to the Site by Users at the time and from time to time, and including any improvements;
User IPR all the Copyright and the Trade Mark Rights referable to the User Content;
Visitor a User that is Registered.
15.2 Words denoting the singular number shall include the plural and vice versa and words denoting any gender shall include every gender.
15.3 Any reference whatsoever in this Agreement to any Act, or any section of any Act of Parliament or Government or any ancillary Statutory Regulation whether in Australia or elsewhere, shall be read as though the words "or any effectual modification or re-enactment thereof" were added to such reference.
15.4 Definitions and Constructions. Unless otherwise specified, the words "includes", "including", "e.g.,", "for example", and other similar words are deemed to include the words "without limitation" immediately thereafter.
Please contact us at: Contact I Heart with any questions regarding this Agreement.