Terms and Conditions

By using Share Your Love located at the internet address shareyourlove.com (the Website) in consideration of Share Your Love Pty Ltd ACN 136 067 055 (Company) providing you (the User) with access to the Content and facilities provided herein, you agree to the following Terms and Conditions (Terms and Conditions).

By selecting "I Agree" after you have had the opportunity to peruse these Terms and Conditions, you accept the terms and conditions contained herein. If accepting these Terms and Conditions on behalf of a Corporation, you warrant that you have authority to bind the Corporation.

1. Definitions

   Content means the information, documents, graphics, photos, materials and all works and derivative works shown on the site that may be uploaded or moderated by a User.

   Materials has the same meaning as Content.

   Terms and Conditions means the Terms and Conditions contained in this document.

   User means the person who is using website name, in whatever part of the world that they may be regardless of whether they are just browsing the Website.

   Website means this website located at shareyourlove.com.

   Website Owner means Share Your Love Pty Ltd ACN 136 067 055 a corporation duly incorporated under the laws of the Commonwealth of Australia.

2. Restrictions on use of the Website

   This Website and the information and facilities contained herein must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of Share Your Love Pty Ltd. In addition, the User must not:

   1. data mine or conduct automated searches on our Website or the Content on our Website, whether through the use of additional software or otherwise;
   2. incorporate any of the Content on our Website or the Content, including advertising or promotional Materials;
   3. frame or mirror shareyourlove.com without our prior written consent;
   4. tamper with, hinder the operation of, or make unauthorised modifications to our Website or any Content;
   5. knowingly transmit any virus, worm or other disabling feature to or via our Website;
   6. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
   7. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
   8. use shareyourlove.com or any facilities available on our Website for any activities, or transmit to or via our Website any information or Content which:
      1. breach any laws of any jurisdiction;
      2. breach the terms and conditions contained in this Agreement;
      3. infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
      4. are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
      5. are false or misleading;
      6. are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
      7. identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; or
      8. attempt to do, or permit another person to do, any of the above acts.

      You access at your own risk and you are responsible shareyourlove.com for compliance with the laws of your jurisdiction (in your home country) and these Terms and Conditions.

3. Provision of service to Users

   We may without notice suspend our Website or disconnect or deny you access to any part of our Website during:

   1. any technical failure;
   2. maintenance period that the Share Your Love Pty Ltd decides to utilise;
   3. if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of shareyourlove.com;

   The Company may make improvements and or changes to shareyourlove.comor the Content at any time without notice to you. We do not warrant that the site architecture or navigation will not change now or at any time into the future.

4. Grant of limited license to view the Content

   Users may download, print or copy information on shareyourlove.com for their own use. Apart from this, Users must not sell, lease, furnish or otherwise permit or provide access to shareyourlove.com to any other person and you must not use, reproduce, communicate, publish, or distribute any of the Content on the Company's website, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information on shareyourlove.com for commercial gain.

   1. Limitation of the Company's liability
      1. Share Your Love Pty Ltd does not warrant or represent that our Website or Materials will not cause damage or are free from any computer virus or any other defects or errors.
      2. Where any law implies a warranty into theseTerms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
      3. Where liability cannot be excluded, any liability incurred by Share Your Love Pty Ltd in relation to the use of our Website or the Content is limited as provided under the Trade Practices Act 1974(Cth).
      4. The Company makes its Website available for Users to use, however it does not assume a duty of care to Users. Share Your Love Pty Ltd makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content or the Materials
      5. Under no circumstances willShare Your Love Pty Ltd be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on its Website.
   2. Links from shareyourlove.com
      1. Share Your Love Pty Ltd makes no warranties or representations that Material or Content on other websites to which our Website is linked does not infringe the intellectual property rights of any person anywhere in the world.
      2. Share Your Love Pty Ltd is not authorising infringement of any intellectual property rights contained in the Content on other sites.
5. Grant of license by Users
   1. Provision of license

      Users represent and warrant in relation to any Content uploaded to shareyourlove.com or moderated to create derivative works that:

      1. they own the copyright in any images they upload;
      2. subject to the terms and conditions of any other pre-existing licenses and their own right to continue to use the Content, Users grant the Company a non-exclusive perpetual license to:
         1. reproduce the Content and derivative works in the Content, to be displayed on the Website and in any promotional material associated with the Website. Permission for ShareYourLove.com to use images outside of the general website operation and promotion can only be granted by the User after written authorisation is received from the User who owns a particular image/s.;
      3. any Content is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
      4. any hyperlinks provided to third party websites provided by the User are not to pornographic, offensive or to illegal websitesto offensie;
      5. any Content does not misrepresent a Corporation's goods or services;
      6. the Content is not the ‘passing off’ of any product or service and does not constitute unfair competition;
      7. subject to any other licenses that have been granted in the Content that is uploaded onto the Website and the Content does not infringe any intellectual property right including, but not limited to:
         1. trade marks (whether registered or unregistered);
         2. business names (whether registered or unregistered),
         3. confidential information; and
         4. copyright.
      8. the Content and the act of uploading the Content does not infringe any legislation or regulations of the Commonwealth of Australia including but limited to, the
         1. Trade Practices Act 1974 (Cth);
         2. Fair Trading Act 1989 (Qld)
         3. Copyright Act 1968 (Cth); and
         4. Trade Marks Act 1995 (Cth).

         and equivalent state and territory legislation and any other legislative body competent to legislate in relation to shareyourlove.com or any law in any country where the Content is or will be available electronically to Users of shareyourlove.com.

   2. Termination

      Users can delete their account at anytime via their user profile. Subject to clause 10.5 termination of the Users account means that the rights and obligations contained in these terms and conditions are at an end.

6. Moderation of Content

   The Users acknowledges in relation to the role of Share Your Love Pty Ltd that:

   1. the Company does not generally moderate, control or authorise the activities of Users in uploading Content to shareyourlove.com;
   2. the User and the User alone, will be responsible for any breach of any law that is caused directly or indirectly by any infringing Content that is illegal or breaches a third parties intellectual property rights;
   3. Share Your Love Pty Ltd reserves the right to:
      1. remove or delete the Content that a User uploads to its Website, at any time, without notice;
      2. contact the User with a request to use the Content outside of the operation and promotion of the Website and will not proceed with any outside use of images without the express written consent from the user.
7. Copyright in Website
   1. Unless otherwise indicated, the Company reserves all copyright in the Content and design of its website. Share Your Love Pty Ltd owns all such copyright or uses it under licence from Users or third party suppliers.
   2. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968(Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Share Your Love Pty Ltd.
   3. Share Your Love Pty Ltd is the owner of several trademarks which appear on our Website. Unauthorised use of these trademarks will infringe our intellectual property rights.
   4. Share Your Love Pty Ltd reserves all other rights in the Content and shareyourlove.com
   5. The Company welcomes ideas and feedback from Users about all aspects of shareyourlove.com. The User agree that Share Your Love Pty Ltd may reproduce, distribute, transmit, create derivative works of, and publicly display any feedback and other information (including ideas for new or improved products and services) that they submit to us via our website or by email.
8. Privacy policy

   In using our Website, you are deemed to accept our Privacy Policy which appears on our Website.

9. Access to Website from outside Australia

   We do not represent or warrant that Content on shareyourlove.com complies with the laws of any country outside of Australia. If you access shareyourlove.com from outside Australia, you do so at your own risk.

10. Miscellaneous provisions
    1. Severance

       If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that provision will be deemed to be severable from the balance of the Terms and Conditions. The severed part will not affect the validity and enforceability of the remaining Terms and Conditions.

    2. Applicable Law

       These Terms and Conditions and the Content on Share Your Love's website are governed by the law applicable in the State of Queensland, Australia.

    3. Exclusive Jurisdiction

       The Parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia in the event of a dispute regarding these Terms and Conditions or the Materials contained herein.

    4. Indemnity

       By using shareyourlove.com, Users agree to indemnify Share Your Love Pty Ltd and its respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Share Your Love Pty Ltd incurs or suffers as a direct or indirect result of:

       1. a breach by you the User of these Terms and Conditions;
       2. an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by Content uploaded or downloaded from our Website; and
       3. any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.
    5. Changes to Terms and Conditions

       Share Your Love Pty Ltd may change these Terms and Conditions at its discretion by providing notice on our Website. The current version of the Terms and Conditions will be available on our Website at any time.

    6. Survival

       If this Agreement is terminated by the User pursuant to clauses 2, 5.2, 10.4 10.5 survive termination.

    7. Waiver

       If Share Your Love Pty Ltd does not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by Share Your Love Pty Ltd of our right to act with respect to subsequent or similar breaches.

    8. Entire agreement

       These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between Share Your Love Pty Ltd and the User. Any contact with Customer Service Officers of Share Your Love Pty Ltd that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions.