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site_policies/acer_tos.txt

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Adding some missed files
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SITE: acer_tos
URL: https://www.acer.org/online-terms-of-use
Policies have been updated for the following sites: seesaw_tos https://web.seesaw.me/terms-of-service seesaw_privacy https://web.seesaw.me/privacy-policy languagenut_tos https://www.languagenut.com/en-au/terms/ languagenut_privacy https://www.languagenut.com/en-au/privacy-policy/ acer_tos https://www.acer.org/online-terms-of-use acer_privacy https://www.acer.org/privacy 3plearning_tos https://www.3plearning.com/terms?locate=en-AU 3plearning_privacy https://www.3plearning.com/privacy?locate=en-AU
2024-06-30 09:59:57 +10:00
Legal agreement
These terms and conditions (which constitute a legal agreement) apply
to the use of any ACER website including:
1. the use of the information services offered on such web sites; and
2. participation in any ACER instigated discussion forums.
By continuing to use any ACER website or participating in any ACER
instigated discussion forums, YOU AGREE TO:
1. BE BOUND by:
+ these terms and conditions;
+ any terms and condition specific to any particular ACER
website or ACER instigated discussion forum; and
2. ACER reserving the right to change or amend these terms and
conditions from time to time and that you will update yourself by
re-familiarising with these terms and conditions upon each access.
Your continued use of ACER websites or ACER instigated discussion
forum signifies your agreement to any amended terms and conditions.
Should you NOT ACCEPT these terms and conditions, you MUST refrain from
using this web site and discussion forum.
FURTHER, YOU AGREE, in respect of ACER Information services and online
communities:
1. that all information provided by ACER through its websites and
online communities is provided:
1. under these terms and conditions; and
2. in good faith.
2. ACER:
1. derives all information provided by ACER through its websites
and online communities from sources which it believes to be
accurate and up to date as at the date of publication;
2. RESERVES the right to update this information at any time:
3. DOES NOT make any REPRESENTATIONS or WARRANTIES that:
1. the information provided by ACER through its websites and
online communities is reliable, accurate or complete; or
2. that your access to that information will be
uninterrupted, timely or secure;
4. IS NOT LIABLE for any loss resulting from any action taken or
reliance made by you on any information or material posted by
ACER. You should make your own inquiries and seek independent
advice from relevant industry professionals before
5. acting or relying on any information or material which is made
available to you pursuant to our information service;
3. to use ACER's information services and online communities for
lawful purposes only;
4. that any information or material submitted by you to any online
community is and will be treated by ACER as non-confidential and
non-proprietary and ACER may use such material without restriction;
5. when you submit material to any online community, YOU ASSIGN all
copyright which subsists in such material to ACER without having to
do anything further. If such copyright is not capable of assignment
YOU GRANT ACER a royalty free, non-exclusive, perpetual,
irrevocable worldwide licence (with the right to sublicence) to
use, modify, alter, reproduce, broadcast and exploit such
non-assignable copyright, the materials you submit and the
intellectual property in the materials you submit for any purpose
ACER determines;
6. you will not post or transmit any material in which the copyright
is owned by another person or entity and you warrant that all
material posted is your original work and not sourced from any
third party;
7. YOU WARRANT you have:
1. full right title and interest in any material you post on ACER
websites or online communities to so use and publish the same;
and
2. obtained all necessary permissions and licenses in any third
party material contained in the material you post on ACER
websites or online communities;
8. you will not post or transmit any material or information which is
offensive, defamatory, obscene, unlawful, vulgar, harmful,
threatening, abusive, harassing or ethically objectionable;
9. you will treat other users of ACER online communities with respect;
10. ACER has ultimate control of all its websites and online
communities and ACER in its sole discretion may edit, remove or
decide to not publish any material you contribute, or block or
close your access, particularly if it is of the opinion that the
any material you post is:
1. defamatory, or otherwise unlawful or that it violates laws
regarding harassment, discrimination, racial vilification,
privacy or contempt;
2. false or deceptive;
3. an infringement of intellectual property rights including
copyright;
4. abusive, offensive or obscene;
5. inappropriate, off topic, repetitive or vexatious. ACER
reserves the right to reject contributions that have been
widely canvassed in the online community. It also reserves the
right to reject contributions from participants who seek to
dominate the discussion;
6. compromising the privacy of any person or containing
inappropriate personal information;
7. seeking to endorse commercial products or services;
8. seeking to directly solicit donations;
9. deliberate provocation of other community members; or
10. impersonating someone else and/or posting on behalf of a
person previously prohibited from access.
11. you will not disrupt the flow of dialogue or otherwise act in a
manner which negatively affects other members;
12. you will not impersonate any other person;
13. you will provide current, accurate and up-to-date information about
yourself as required under these terms and conditions;
14. you will not post or transmit any unsolicited advertising or
promotional materials;
15. any material which you post may be removed by ACER from the online
community without notice at any time;
16. you will not post any material which contains viruses or other
computer codes, files or programs which are designed to limit or
destroy the functionality of other computer software or hardware;
17. that any material or information provided by you may be posted in
the online community for any other members or guests to read;
18. when accessing or participating in ACER instigated online
communities on third party platforms to comply with any terms and
conditions of such third party platforms;
19. to understand the privacy settings on any platform you access and
choose appropriate options to protect your personal information and
content;
20. ACER does not accept any liability for the accuracy or content of
any material posted by other members of the online community. ACER
is not liable for any loss resulting from any action taken or
reliance made by you on any information or material posted by
another member;
21. ACER does not accept any responsibility or liability for any
information or material which you submit to the online community,
nor does ACER accept any responsibility for any use or misuse which
you or any other members or guests make of information or material
which you submit to the online community;
22. ACER does not warrant that it will respond to questions or comments
submitted by you to our online communities;
23. if you download any material from the online community, you
acknowledge that ACER is not liable to you for any loss or damage,
however caused, arising from the downloading or subsequent use of
the downloaded material. You may not adapt, reproduce, store,
distribute, transmit, print, display, publish or create derivative
works from any downloaded material. In addition, you may not
commercialise any information, products or services from the
downloaded material.
Disclaimer
24. YOU ACKNOWLEDGE that ACER DOES NOT ACCEPT RESPONSIBILITY for:
1. any loss damage, however caused (including through
negligence), which you may directly or indirectly suffer in
connection with your use of ACER web sites, any linked web
site or online community; nor
2. or any loss arising out of your use of or reliance on
information contained on or accessed through ACER web sites or
online communities;
25. that, to the extent permitted by law, any condition or warranty
which would otherwise be implied into these terms and conditions is
hereby excluded. Where legislation implies any condition or
warranty, and that legislation prohibits ACER from excluding or
modifying the application of, or our liability under, any such
condition or warranty, that condition or warranty will be deemed
included but ACER's liability will be limited for a breach of that
condition or warranty to one or more of the following: (a) if the
breach relates to goods, (i) the replacement of the goods or the
supply of equivalent goods, (ii) the repair of such goods, (iii)
the payment of the cost of replacing the goods or of acquiring
equivalent goods or (iv) the payment of the cost of having the
goods repaired; and (b) if the breach relates to services, (i) the
supplying of the services again or (ii) the payment of the cost of
having the services supplied again;
Exception to disclaimer
26. this disclaimer set out in these terms and conditions does not
attempt or purport to exclude liability arising under statute if,
and to the extent, such liability cannot be lawfully excluded;
Copyright
27. copyright in ACER websites and online communities (including text,
graphics, logos, icons, sound recordings and software) is owned or
licensed by ACER. Information procured from a third party may be
the subject of copyright owned by that third party. Other than for
the purposes of, and subject to the conditions prescribed under,
the Copyright Act 1968 (Cth) and similar legislation which applies
in your location, and except as expressly authorised by these terms
and conditions or with the prior written permission of ACER and in
the case of third party material, that of the copyright owner, YOU
MAY NOT in any form or by any means:
1. adapt, reproduce, store, distribute, print, display, perform,
publish or create derivative works from any part of ACER web
sites; or
2. commercialise any information, products or services obtained
from any part of ACER web sites;
Trade marks
28. except where otherwise specified, any word or device to which is
attached the (TM) or <20> symbol is a registered trade mark;
29. if you use any of ACER's trade marks in reference to ACER's
activities, products or services, you must include a statement
attributing that trade mark to ACER. You must not use any of our
trade marks:
1. in or as the whole or part of your own trade marks;
2. in connection with activities, products or services which are
not ACER's;
3. in a manner which may be confusing, misleading or deceptive;
4. in a manner that disparages ACER or its information, products
or services (including any ACER web site);
30. not to remove, obscure or alter any ACER business names, acronyms,
trademarks, logos, copyright notices on any content you access and
use or use such in any way that implies the endorsement of ACER;
Restricted use
31. unless ACER agrees otherwise in writing, you are provided with
access to this web site only for your personal use. You are
authorised to print a copy of any information contained on this web
site for your personal use, unless such printing is expressly
prohibited. Without limiting the foregoing, you may not without our
written permission on-sell information obtained from this web site
or publish such information digitally or otherwise;
Linked web sites
32. any ACER web site or online community may contain links to other
web sites ( "linked web sites" ). Those links are provided for
convenience only and may not remain current or be maintained.
33. ACER IS NOT RESPONSIBLE for the content or privacy practices
associated with linked web sites.
34. ACER links with linked web sites should not be construed as an
endorsement, approval or recommendation by us of the owners or
operators of those linked web sites, or of any information,
graphics, materials, products or services referred to or contained
on those linked web sites, unless and to the extent stipulated to
the contrary;
Privacy
35. ACER may collect web site visitors' contact information (like their
e-mail addresses). Unless you object, this information may be used:
1. to send news, information about ACER activities and general
promotional material which ACER believes may be useful to you;
2. to monitor who is accessing the web site or using services
offered on the web site; and
3. to profile people accessing the web site;
36. if you do not wish to have your personal information used in this
manner or for any other specific purpose, you can contact ACER's
privacy officer using the contact details available via its privacy
policy locatable on its website;
37. ACER utilises "cookies" which enable it to monitor traffic patterns
and to serve you more efficiently if you revisit the site. A cookie
does not identify you personally but it does identify your
computer. You can set your browser to notify you when you receive a
cookie and this will provide you with an opportunity to either
accept or reject it in each instance;
38. ACER will not sell or otherwise provide your personal information
to a third party, or make any other use of your personal
information, for any purpose which is not incidental to your use of
this web site. For the removal of doubt, personal information will
not be used for any purpose which a reasonable person in your
position would not expect;
39. if you request ACER not to use personal information in a particular
manner or at all, ACER will adopt all reasonable measures to
observe your request but ACER may still use or disclose that
information if it:
1. subsequently notifies you of the intended use or disclosure
and you do not object to that use or disclosure;
2. believes that the use or disclosure is reasonably necessary to
assist a law enforcement agency or an agency responsible for
government or public security in the performance of their
functions; or
3. is required by law to disclose the information;
40. ACER will preserve the content of any e-mail you send us if ACER
believes it has the legal requirement to do so;
41. your e-mail message content may be monitored by ACER for
trouble-shooting or maintenance purposes or if any form of e-mail
abuse is suspected;
42. personal information which ACER collects may be aggregated for
analysis but in such circumstances ACER would ensure that
individuals would remain anonymous;
43. all personal information which ACER collects (including your
contact details and, if relevant, credit card details) is kept
confidential to the best of its ability. You will appreciate,
however, that ACER cannot guarantee the security of transmission;
44. it is the responsibility of parents to monitor their children's use
of our web sites and ACER instigated online communities.
Nevertheless it is ACER's policy not to require personal
information from persons known to be under the age of 18 years or
offer to send any promotional material to persons in that category;
45. you are entitled to have access to any personal information
relating to you which you have previously supplied to ACER over
this web site. You are entitled to edit or delete such information
unless ACER is required by law to retain it;
46. if you wish to comment on or query our privacy policy, or if you
wish to make an inquiry regarding any personal information relating
to you which may be in our possession, contact us on 03 9277 5555.
Security of information
47. unfortunately, no data transmission over the Internet can be
guaranteed as totally secure. Whilst ACER strives to protect such
information, IT DOES NOT WARRANT and cannot ensure the security of
any information which you transmit to ACER. Accordingly, any
information which you transmit to ACER is transmitted at your own
risk. Nevertheless, once ACER receives your transmission, ACER will
take reasonable steps to preserve the security of such information;
Specific warnings
48. you must ensure that your access to any ACER web site or discussion
forum is not illegal or prohibited by laws which apply to you;
49. you must take your own precautions to ensure that the process which
you employ for accessing any ACER web site or discussion forum does
not expose you to the risk of viruses, malicious computer code or
other forms of interference which may damage your own computer
system. For the removal of doubt, ACER DOES NOT ACCEPT
RESPONSIBILITY for any interference or damage to your own computer
system which arises in connection with your use of ACER web sites,
any linked web site or ACER online community;
50. while ACER has no reason to believe that any information contained
on any ACER web site or online community is inaccurate, ACER DOES
NOT:
1. WARRANT the accuracy, adequacy or completeness of such
information;
2. UNDERTAKE to keep its web site updated; and
3. ACCEPT RESPONSIBILITY for loss suffered as a result of
reliance by you upon the accuracy or currency of information
contained on any ACER web site or discussion forum;
51. you ACKNOWLEDGE that ACER may be a distributor, not a publisher, of
content on its web sites. To that extent ACER editorial control is
limited to the selection of materials to make available. Any
opinions or advice by third parties remain the responsibility of
those third parties and ACER DOES NOT guarantee the accuracy,
completeness or usefulness of that content or its fitness for any
particular purposes;
52. where the information made available over ACER websites or online
communities contains opinions or judgments of third parties, ACER
DOES NOT purport to endorse the contents of that opinion or advice
nor the accuracy or reliability of that opinion or advice. ACER
DOES NOT accept liability for loss or damage caused by your
reliance upon any information obtained through this service and it
remains your responsibility to evaluate the accuracy, completeness
and usefulness of any such information;
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Termination of access
Policies have been updated for the following sites: seesaw_tos https://web.seesaw.me/terms-of-service seesaw_privacy https://web.seesaw.me/privacy-policy languagenut_tos https://www.languagenut.com/en-au/terms/ languagenut_privacy https://www.languagenut.com/en-au/privacy-policy/ acer_tos https://www.acer.org/online-terms-of-use acer_privacy https://www.acer.org/privacy 3plearning_tos https://www.3plearning.com/terms?locate=en-AU 3plearning_privacy https://www.3plearning.com/privacy?locate=en-AU
2024-06-30 09:59:57 +10:00
53. access to this web site may be terminated at any time by ACER
without notice. The disclaimer contained in these terms of use will
nevertheless survive any such termination;
Governing law
54. these terms and conditions are governed by the laws in force in the
State of Victoria Australia. YOU AGREE to submit to the exclusive
jurisdiction of the courts of that jurisdiction;
General
55. ACER ACCEPTS NO LIABILITY for any failure to comply with these
terms and conditions where such failure is due to circumstances
beyond its reasonable control;
56. if ACER waives any rights available to us under these terms and
conditions on one occasion, this does not mean that those rights
will automatically be waived on any other occasion;
57. if any of these terms and conditions are held to be invalid,
unenforceable or illegal for any reason, the remaining terms and
conditions shall nevertheless continue in full force.
Legal advice
58. ACER advises the User to obtain independent legal advice before
entering into this Agreement to be fully aware of its effects.
Indemnity
59. YOU irrevocably and unconditionally indemnify and agree to keep
indemnified and hold harmless ACER and its respective, officers,
employees, and consultants from and against any and all liability
loss harm damage cost or expense, including legal fees, which ACER
may suffer or sustain as a result of any act or omission of you or
any of your officers employees consultants have done or omitted to
be done in connection with a breach of this Agreement or any
applicable law, except to the extent that the liability loss harm
damage cost or expense arises from ACER's negligent or unlawful
acts or omissions. This clause shall survive any termination or
expiration of this Agreement;
Entire agreement
60. these terms and conditions constitute the entire agreement between
ACER and you in respect of the use of any ACER website and online
community and any understanding, agreement, and/or representation
implied or express (made by one party to the other) not expressly
included in these terms and conditions are specifically excluded.
To return to the web site or online community
61. to return to the web site or online community, click where
indicated. By doing so, you acknowledge that you have read,
understood and accepted the above terms of use.
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