TERMS AND CONDITIONS

Last updated 25 September 2012

Welcome to PromiseLocker: We think promises are wonderful things. They help us to achieve our goals. Promises are most powerful when they are publicly stated and their progress is tracked and reported. PromiseLocker is an online service that allows you to record, monitor and comment on promises online. PromiseLocker gives you the tools to record your own promises or promises made publicly by other people.

In these terms and conditions, "we" "us" and "our" refers to Promise Locker and the "Service" we provide at www.promiselocker.com, the "Website". Your contribution, access to and use of all information ("Content") on this website is provided subject to these terms and conditions.

PromiseLocker Service is provided by PromiseLocker Pty Ltd., however, we will refer to our company and Service as "PromiseLocker" to keep things simple. Like all online services, we need to have a Terms & Conditions ("Terms"). Please read these Terms carefully, and email us at support@promiselocker.com if you have any questions. By accessing or using the PromiseLocker Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service either personally or via automated means ("Users").

We reserve the right to amend this Notice at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended.

Shared Content

  1. Please remember that the PromiseLocker Service is a public platform, and that other Users may search for, see, use, and/or comment upon any User Content that you make publicly available through the Service.

  2. Your responsibility for your content:

    To PromiseLocker and our community. PromiseLocker provides a positive place for you to view, record and monitor promises and the people who make them. We ask that you review and agree to abide the Terms & Conditions. You are responsible for all and any Content you contribute to the Service. When you provide Content you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the Content in any and all media including forms not yet developed. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

    To third parties. PromiseLocker values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening. When recording promises made by others, 'Public Promises', you confirm that you can verify that the stated person made the stated promise and where possible can provide a link to evidence of the promise. Public Promises that are not suitably verified may be removed.

  3. We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service. Please respect our Service and its Users and always be a good citizen on PromiseLocker.

  4. How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account, PromiseLocker may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, PromiseLocker and other Users may retain and continue to display, reproduce, modify, re-arrange, and distribute any of your User Content that you have posted to the Service.

  5. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PromiseLocker will have no liability for your interactions with other Users, or for any User's action or inaction. Please help to make PromiseLocker a positive and respectful community.

  6. You agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.

  7. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

Site Access

  1. Access to our Service does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

  2. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

  2. All trade marks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

  3. Any comment, feedback, idea or suggestion (called "Comments") which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

Disclaimers

  1. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

  3. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

  4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Limitation of Liability

  1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Service. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.

General

  1. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

  1. We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in Australia. You acknowledge that you provide your information at your own risk.

  2. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

  3. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from this website.

If you have any questions about these terms & conditions, please contact us at support@ promiselocker.com