1.1 This website (www.yiplegal.com.au) (the YIP Website) and the services made available to you through it (the YIP Services), are provided by Andrew Petale trading as Y Intellectual Property (ABN 86 440 123 113), a registered Australian business domiciled in the state of Victoria, Australia.
1.2 By accessing or using the YIP Website or any of the YIP Services, you signify that you have read and agree to be bound by our Terms and Conditions, incorporating:
1.3 We may revise any part or all of our Terms and Conditions at any time without notifying you first, but we will post the revised Terms and Conditions on the YIP Website. You should therefore check back and review our Terms and Conditions regularly to ensure that you still agree to be bound by them. Your continued access and use of the YIP Website or any of the YIP Services will otherwise be taken as your agreement to be bound by our Terms and Conditions as modified from time to time.
1.5 If you do not agree with our Terms and Conditions, you must not continue to access or use the YIP Website or any of the YIP Services and must immediately refrain from accessing the YIP Website.
1.6 Our Terms and Conditions were last updated on Wednesday, 1 March 2017.
2.1 The following definitions apply throughout all our Terms and Conditions documents unless we say otherwise:
Contribute(d) means to upload, post, transmit, communicate or otherwise make available online.
Contributor(s) means a user that has a YIP Website Account who has Contributed Material to the YIP Website.
Material(s) includes text, graphics, video or film and any associated text, graphics, images, photos, sound recordings, music, software or other multimedia or interactive components and other related material which are a part of YIP Website and YIP Services.
Platform means any application built to function through Internet communication protocols, including the reporting of information within the YIP Website to its users, bulletin boards, the World Wide Web, internet blogs, forums, and social media networks, or any such Platforms developed in the future.
Promotions means functions, events, offers, competitions or other activities that are conducted outside the YIP Website by others but which are promoted, advertised, or sponsored by us.
- What you can do through the YIP Website
3.1 Through the YIP Website, you can:
(a) access, view, download, link, embed and/or share the Material or Material Contributed by others to the YIP Website for your own private and domestic (that is, non-commercial) use as permitted by our Terms and Conditions; and
(b) enquire about our services through the “Contact Us” facility on the YIP Website.
- What you cannot do through the YIP Website
4.1 You must not do, or attempt to do, or assist anyone to do any of the following:
(a) access, view, download, link, embed, or share Material or otherwise (the YIP Website Actions) unless through the functionality provided through the YIP Website and/or any YIP Services designed for those purposes.
(b) change, modify, add to, remove, deface, hack, reverse-engineer, tunnel into, circumvent, disable, or otherwise interfere with the operation of, the YIP Website or the YIP Services or any aspect of them.
(c) use any data mining tools, robots, webcrawlers or any other similar data gathering and extraction devices or applications on or in relation to the YIP Website, the YIP Services or any Material.
(d) remove any notices or markings applied or attached to, or contained on or in the YIP Website, any YIP Services or any Material.
(e) use any automated system to access the YIP Website, any YIP Services, or any Material, in a way that sends requests to hosting servers more frequently than any reasonable person could produce using a conventional web browser.
(f) modify, build on, block or interfere with any portion or function of any YIP Services designed to allow access to, or functions for viewing, downloading and/or sharing of Material.
4.2 You must not use, or authorise others to use, the YIP Website, the YIP Services or any Material:
(a) if using them or authorising their use will cause you or the persons authorised by you to breach any laws or regulations applying to you.
(b) to transmit (or authorise the transmission of) “junk mail,” “chain letters”, unsolicited emails, instant messaging, or “spamming”.
(c) to harvest information about others that can be used to identify them personally.
(d) to impersonate any person or entity.
(e) to solicit money, passwords or personal information from any person.
(f) to harm, abuse, harass, stalk, threaten or otherwise offend others.
(g) to infringe the intellectual property rights or other rights of any person.
(h) for any unlawful purpose.
4.3 Except with our (and our licensors’, as the case may be) prior written approval and consent, you must not, and must not authorise others to:
(a) copy, reproduce, make available online, transmit, publish, adapt, distribute, broadcast, display, sell, license, publicly display, download, print, store, “frame”, edit, alter, modify or otherwise exploit the YIP Website, the YIP Services, or any Material for any purposes other than those permitted under our Terms and Conditions;
(b) sell access to the YIP Website, the YIP Services, or any Material;
(c) sell or promote any advertising, sponsorships or promotions opportunities within the YIP Website, the YIP Services, or any Material;
(d) sell or promote any advertising, sponsorships or promotions opportunities on any other website or Platform containing Material, except where that other website or Platform contains material not obtained from the YIP Website and such material is of sufficient value to be considered as the basis for the sale of any advertising, sponsorships or promotions on that other website or Platform;
(e) use the YIP Website, the YIP Services, or any Material to establish, maintain or provide your own publications, website or other online service, or assist someone else to do any of those things;
(f) modify or copy the layout or functionality of the YIP Website or YIP Services;
(g) use, as meta tags or other “hidden content”, any aspect of the YIP Website or YIP Services; or
(h) access, reproduce, store, distribute, adapt, alter or modify any software or code contained in or constituting the YIP Website, the YIP Services or any Material.
- Intellectual Property Rights
5.1 All aspects of the YIP Website, the YIP Services and all Material, including all original text, information, photographs, artwork, graphics, logos, icons, images, illustrations, designs, plans, videos, animations, films, trade marks and trade names (Intellectual Property) featured on or applied to the YIP Website, the YIP Services and any Material is or may be:
(a) protected by international intellectual property laws relating to copyright, trade marks, designs, patents and other related intellectual property rights; and
(b) to the extent that that Intellectual Property originates from, or is used under license by, YIP, our property, or the property of our licensors and used by us under licence from them.
5.2 Your use of the YIP Website, the YIP Services and any Material does not grant you any rights in respect of those things or any implied license for any purpose other than that specified under our Terms and Conditions. In particular, no express or implied right is granted for you to sell, license, transmit, exploit, use for the purposes of trade, reproduce or communicate to the public any aspect of the YIP Website, the YIP Services or any Material to any other person without obtaining our (or our licensors’) prior written permission to do so. We and our licensors reserve all rights not expressly granted to you in our Terms and Conditions in respect of the YIP Website, the YIP Services and any Material.
5.3 You acknowledge and agree that we own all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the YIP Website and the YIP Services, including but not limited to all text, information, photographs, artwork, graphics, logos, icons, images, illustrations, designs, plans, videos, animations, films, trade marks, trade names, content, reports, materials, products, services, URLs, software, technology, user guidelines and documentation, developed in whole or in part by, with or for us.
- Advertising and Promotion
6.1 From time to time the YIP Website, the YIP Services, or certain aspects of them may contain:
(a) links to websites or services that are operated by others (Linked Websites) who are not under our control or influence. These Linked Websites usually have separate terms and conditions which we encourage you to be wary and take note of. By clicking on any Linked Websites, you acknowledge and agree that:
(i) we do not endorse the contents of, or have an association with the owners or operators of, these Linked Websites;
(ii) you leave the YIP Website entirely at your own risk; and
(iii) we are not responsible for the contents, conduct of or practices adopted by any Linked Websites.
(b) advertising material originating from others, but in no way are we taken to be representing, recommending or endorsing the advertiser or its products or services being advertised unless we expressly say so.
6.2 From time to time, we may participate in Promotions. The Promotions will or should have separate terms and conditions which we encourage you to be wary and take note of. In choosing to participate in any Promotions, you acknowledge and agree that:
(a) your participation is entirely at your own risk; and
(b) we are in no way responsible for your decision to participate.
- Disclaimers, Warranties, Indemnities and Limitation of Liability
7.1 The Contributed Material that appears on the YIP Website is the content and opinions of the Contributors. We do not express any opinion or view, make any recommendation or endorsement of any Material Contributed by a Contributor or any other user of the YIP Website and the opinions expressed therein are those of the respective individual. We do not accept any liability in connection with the content and opinions expressed on the YIP Website by a Contributor or any other user of the YIP Website and any damages incurred by a user who relies on, is influenced by or otherwise suffers as a result of a reliance on such opinion or content.
7.2 From time to time the YIP Website, the YIP Services, or certain aspects of them may:
(a) change without notice; and
(b) not be accessible from time to time due to periods of maintenance, updates and upgrades, acts of God or other force majeure events. We accept no responsibility for your inability to access the YIP Website or any YIP Services as a result of these causes.
7.3 We do not warrant, expressly or otherwise, the accuracy, completeness, currency or legality of the YIP Website, the YIP Services or any Material. In particular, to the extent permitted by law and without limitation, we do NOT warrant that the YIP Website, the YIP Services or the Material is or will be:
(a) free of error or omission; or
(b) free from any malicious software (including viruses, Trojan programs or the like).
7.4 We accept no responsibility for any loss or damage incurred as a consequence of:
(a) your use of the YIP Website, the YIP Services, any Material, or the contents of any Linked Websites;
(b) your reliance on any information contained on or in the YIP Website, the YIP Services, any Material or any Linked Websites;
(c) any delays to, interruptions of or cessation of access to the YIP Website; or
(d) any defamatory, offensive or illegal conduct of any person using the YIP Website.
7.5 By using the YIP Website, you accept the full cost of repair or modification of your computer or mobile device software or hardware which may be required for you to use the YIP Website.
7.6 To the extent permitted by law, all warranties regarding the YIP Website, the YIP Services and any Material contained on the YIP Website is excluded, including any implied warranties of merchantability and fitness.
7.8 In accessing and using the YIP Website, the YIP Services or any Material, to the extent permitted by law, you agree to continuously indemnify YIP, including our officers, employees, staff, agents and contractors and the directors, officers, employees, staff, agents and contractors of any of our related companies or associated entities (Those Indemnified), from all liability for any loss (including economic and consequential loss), damages or expenses incurred by or suffered by any of Those Indemnified arising from and/or as a result of any claim brought against Those Indemnified in connection with your use of the YIP Website, the YIP Services, Material or any Contributed Material.
8.1 If any provision of our Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions, which will remain effective and enforceable.
8.2 All clauses in this agreement relating to payment, liability and indemnities will survive termination or expiry of these accepted Terms and Conditions, to the extent allowed by the law.
8.4 If you wish to:
(a) report a violation of our Terms and Conditions;
(b) report suspected or actual unauthorised use of your YIP Website Account, or protest our suspension or termination of your YIP Website Account; or
(c) enquire about our Terms and Conditions, or any other matter
you must do so in writing using any of the means below:
Mail to: Y Intellectual Property
PO Box 283
Brunswick West VIC 3055
Phone: +61 3 9942 318