Welcome
6th November, 2008
Welcome to the GLU, a Rich Media Community, Management System and Flexible Development Framework developed and owned by DDX.COM.AU PTY LTD. ("DDX"), a proprietary limited company based in Sydney Australia, Australian Business Number ("ABN") 67 103 914 129.
The GLU website, community, rich media management system, flexible development framework, components, examples, and all related properties and material are herein referred to as "GLU" for purposes of these Terms of Use.
GLU is operated by DDX and materials on GLU are primarily owned or licensed by DDX. GLU may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and DDX.
DDX has created GLU for your personal enjoyment, entertainment and education.
These Terms and Conditions of Use constitute a legal agreement ("Agreement") between you and DDX. Use of GLU is also governed by the DDX Privacy policy, which is incorporated into this Agreement by this reference. By using GLU, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse GLU) or you are a "Member" (which means that you have registered with http://www.glu.com.au/). The term "User" refers to a Visitor or a Member.
You are only authorised to access GLU or to use the materials and services contained in GLU (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree with it, you should leave GLU immediately.
Any questions or comments regarding, or problems with GLU should be sent to us, Contact here.
DDX reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by DDX on GLU. You agree to be bound by any changes to this Agreement when you use GLU after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of GLU by any person, please Contact us with your concerns.
GLU is public beta but available for limited commercial use within the parameters specified in the Features list.
Commercial projects powered by GLU are required to display "POWERED BY GLU", with the word "GLU" being either text or the GLU logo with a link back to the GLU website, http://www.glu.com.au/ - These can be obtained through GLU's Contact form.
All commercial implementations under the public beta must be submitted to DDX through the Contact form prior to go-live in the form of staging and expected production URLs, so DDX may provide an additional layer of monitoring during this public beta phase and for possible listing within GLU's commercial examples directory.
Commercial projects which require usage limits beyond those outlined in the Features should have their details and requirements submitted through GLU's Contact form to discuss possible additional commercial arrangements and levels of service.
Whilst it is DDX's interests to maintain a high level of service, GLU is free to use under the public beta and Account Users should note the following "Disclaimer of liability and warranties" and "Indemnity" sections in these Terms of Use.
All materials contained in GLU are protected by international trademark and copyright laws. This means that you may only view or download material from GLU for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from GLU is STRICTLY PROHIBITED unless you have obtained the prior written consent of DDX or unless it is expressly permitted by GLU.
The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on GLU. The use of materials from GLU on any other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made if Contact us.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained on GLU including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise.
This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You are welcome to post, transmit or submit messages and other materials (which include any uploaded files or programs associated with the design and development of skins, widgets, and components, the uploading of other files, inputting data or any other materials, "blogging," or engaging in any form of communication in connection with GLU) (collectively "Content") to bulletin boards, chat rooms or other areas within, or in connection with, GLU (collectively "Public Areas").
You are solely responsible for such Content. DDX accepts no responsibility whatsoever in connection with or arising from such Content. DDX does not endorse and has no control over the Content submitted by others to Public Areas.
Content submitted to Public Areas is not necessarily reviewed by DDX prior to posting and does not necessarily reflect the opinions or policies of DDX. DDX makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, DDX reserves the right to prevent you from submitting Content to Public Areas and to edit, restrict or remove such Content for any reason at any time. DDX may remove any form of cursing contained in the Content with a DDX swear filter application if and to the extent you do not otherwise opt out of such filter.
DDX assumes no responsibility for actively monitoring Public Areas for inappropriate Content.
If, at any time DDX chooses, in its sole discretion, to monitor the Public Areas, DDX nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.
In submitting Content to Public Areas, you agree to strictly limit yourself to discussions about the subject matter for which the Public Areas are intended. You agree that DDX accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You also agree to permit any other user of GLU to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of GLU by any other person.
You agree to release DDX, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of GLU and Public Areas.
If at any time you are not happy with the Public Areas or object to any material within Public Areas, your sole remedy is to cease using them. Please refer to the "Rules of Discussion" for additional explanation regarding the posting of Content to Public Areas.
You agree that any Content whatsoever posted by you to the public areas of GLU (excluding Blogs, Forums, Skins, Components, and Widgets) becomes the property of DDX and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted as DDX sees fit.
You represent and warrant that: (i) you own the Content posted by you on the Site, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on GLU does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on GLU.
By posting any Content to the Blog, Forums, Skins, Components or Widgets areas of GLU, you hereby grant to DDX the non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such Content. This license will terminate at the time you remove such Content from GLU.
Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you to the blog, Forum, Skins, Components or Widgets areas of GLU may remain on DDX servers after you have removed such Content from GLU, and DDX retains the rights to those copies.
You represent and warrant that: (i) you own the Content posted by you to GLU or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content to the blog or Widget areas of the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post to the blog areas of GLU.
You must use GLU in a manner consistent with any and all applicable laws and regulations.
The following is a partial list of the kind of Content that is illegal or prohibited on GLU. DDX reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from GLU and terminating the membership of such violators.
Prohibited Content includes Content that:
1. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. contains nudity, violence, or offensive subject matter; 4. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing; 5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 6. exploits people in a sexual or violent manner; 7. solicits personal information from anyone under 18; 8. provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your Member profile; 9. violates the copyright, trademark or other intellectual property rights of any other person; 10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or 12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on GLU. DDX reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
1. advertising to, or solicitation of, any Member to buy or sell any products or services through GLU. You may not transmit any chain letters or junk email to other Members. Although DDX cannot monitor the conduct of its Members off GLU, it is also a violation of these rules to use any information obtained from GLU in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, DDX 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 DDX deems appropriate in its sole discretion; 2. any automated use of the system; 3. attempting to impersonate another User or person; 4. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 5. selling or otherwise transferring your profile; 6. covering or obscuring the banner advertisements on Public Areas, or any DDX page via HTML/CSS or any other means; or 7. interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to GLU.
DDX does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts.
DDX's policy is to simply delete any such submission without reading it or forwarding it to other DDX staff. Therefore, any similarity between an unsolicited submission and any elements in any DDX creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to DDX via GLU, however, these submissions become the property of DDX and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as DDX sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against DDX, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
DDX may, from time to time, post DDX employment opportunities on GLU and/or invite users to submit resumes to it.
If you choose to submit your name, contact information, resume and/or other personal information to DDX in response to employment listings, you are authorising DDX to utilise this information for all lawful and legitimate hiring and employment purposes.
DDX also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes.
Nothing in this Agreement or contained in GLU shall constitute a promise by DDX to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in GLU constitute a promise that DDX will review any or all of the information submitted to it by users.
If you are interested in creating hypertext links to GLU, you must Contact us before doing so.
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or DDX, including its respective employees, agents, directors, officers and shareholders.
If DDX has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that DDX is connected with, operates or controls these web sites.
DDX is not responsible for the content or practices of third party web sites that may be linked to this Site and makes no representation or warranty regarding such web sites or their content.
GLU may also be linked to other web sites operated by companies affiliated or connected with DDX. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.
DDX takes no responsibility for third party advertisements which are posted on GLU, nor does it take any responsibility for the goods or services provided by its advertisers.
While DDX does its best to ensure the optimal performance of GLU, you agree that you use GLU and rely on material contained in GLU at your own risk.
GLU, and all materials in GLU, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that DDX DOES NOT WARRANT that GLU is fit for any particular purpose; that the functions contained in the materials in GLU will be uninterrupted; that defects will be corrected; that GLU is free of viruses and other harmful components or that GLU is accurate, error free or reliable.
You acknowledge that DDX, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that DDX is not liable for any defamatory, offensive or illegal conduct or material found in connection with GLU, including such conduct or material transmitted by any means by any other person.
You acknowledge that DDX is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use GLU.
You agree to defend, indemnify and hold harmless DDX, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of GLU; your failure to use GLU; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
DDX reserves the right to immediately terminate your use of, or access to, GLU at any time if DDX decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that DDX considers to be inappropriate or unacceptable.
This Agreement operates to the fullest extent permissible by law.
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.
This Agreement is governed by, and construed in accordance with, the laws of NSW, Australia, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of NSW or, if appropriate, the Australian High Courts for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of GLU, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Contact us for further details.
