TheWall

These Terms and Conditions together with Our Privacy Policy or any additional terms and conditions, notices and disclaimers displayed elsewhere on this Website apply to the use of this Website, including participation in any discussion forums or comments section incorporated on this Website. These

Terms and Conditions apply whenever You access this Website, regardless of how You access this Website.

In using this Website You agree to be bound by these Terms and Conditions. If You do not accept these Terms and Conditions You must refrain from using this Website. These Terms and Conditions must be read in conjunction with any other applicable terms and conditions governing this Website.

1. Terminology

In these Terms and Conditions, the expressions "We", "Us" and "Our" are a reference to Stateless Media Pty Ltd ACN 151 128 317 as trustee for the Stateless Media Unit Trust and "You" means a user of this Website.

2. Use of this Website

You agree to be bound by these Terms and Conditions, which are subject to change at Our sole discretion. Your use and access to this Website indicates Your acceptance of these Terms and Conditions, as they exist at that time.

3. Amendments to Terms and Conditions

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use and access of the Website following such notification will represent an agreement by You to be bound by the Terms and Conditions as amended.

4. Your conduct

4.1.

User access

By accessing this Website You agree that You will not use this Website or use any content that has been obtained from this Website:

(a): to breach any applicable laws or regulations;
(b): to transmit (or authorize the transmission of) "junk mail", "chain letters", "unsolicited
(c): to impersonate any person or entity;
(d): to solicit money, passwords or personal information from any person;
(e): to harm, abuse, harass, stalk, threaten or otherwise offend others;
(f): for any unlawful purpose; or
(g): for any purpose prohibited or otherwise not authorised by these Terms and Conditions.

4.2

User contributions

When submitting content to this Website in any format, including but not limited to text, photographs, graphics, video or audio (User Content), You must not submit any User Content that:

(a): contains, promotes, or provides information about unlawful activities or conduct;
(b): is, or could reasonably be expected to be defamatory, obscene, offensive, threatening,
(c): racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any
(d): contains nudity, excessive violence, or sexual acts or references;
(e): discloses personal information of another person or persons without their prior consent;
(f): poses or creates a risk to a person's privacy or security;
(g): contains information that You know, or ought reasonably to have known or suspected to
(h): contains viruses, other computer codes, files or programs that are designed to interrupt,
(i): advertises, promotes or solicits any goods or services or commercial activities unless
(j): contains any form of financial, legal, medical or other professional advice;
(k): transmits "junk mail", "chain letters", "unsolicited emails", "instant messaging", or which
(l): impersonates any person or entity;
(m): solicits money, passwords or personal information from any person; or

You acknowledge that any User Content You submit on the this Website can be removed by Us at any time without notice, at Our sole discretion.

5. Ownership of content and intellectual property

5.1: General
All content on this Website is protected by Australian and international copyright and intellectual property laws. You do not obtain any interest in the copyright or intellectual property of this Website, and You must not do anything that interferes or breaches Australian or international laws or intellectual property rights in the content comprising this Website.

5.2

(a): We provide a news reporting service on this Website that is designed to help You find news information on sites owned or controlled by third-parties. Copyright in the full news stories, articles and any images referred to or appearing on this Website remains with, as applicable, Our licensors, affiliates, advertisers, third-party contributors, or the person or party acknowledged as being the owner, licensor or source of such news story, article or image. All other rights (including copyright) in, without limitation, the content, compilation, composition and functionality of this Website are owned or controlled or reserved by Us.

(b)

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies to Your location, and except as expressly authorised by these Terms and Conditions, You may not in any form or by any means:

(i): adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

(ii): commercialise any information, products or services obtained from any part of this Website;

(c): without Our written permission. If you believe that any content on this Website infringes upon your copyright, please contact us contact@thewall.com.

5.3

Your Content

When submitting User Content on this Website (including text, graphics, logos, icons, sound recordings and software), You:

(a): warrant that the User Content does not breach these Terms and Conditions;
(b): warrant that You will not post or transmit any User Content in which the copyright is owned by another person or entity and that all User Content posted is Your own original work and not sourced from any third party;
(c): acknowledge that any information or User Content submitted by You on this Website is and will be treated by Us as non-confidential and non-proprietary and We may use such User Content without restriction;
(d): grant and warrant that You have all rights to grant to Us a non-exclusive, worldwide, royalty-free, perpetual licence to use, publish, reproduce, edit and exploit that User Content in any form and for any purpose; and
(e): unconditionally waive all moral rights (as defined by the Copyright Act 1968) which You have or may have in respect of the User Content, or any part of it, and consent to all acts or omissions by Us, Our licensee, assigns or successors in title, which would otherwise constitute an infringement of any moral rights You have, or may have, in the User Content or any part of it.

5.4

Trade Marks

If You use any of Our trade marks, registered or unregistered, in reference to Our Website, activities, products or services, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks:

(a): in or as the whole part of Your own trade marks;
(b): in connection with activities, products or services which are not Ours;
(c): in a manner which may be confusing, misleading or deceptive; or
(d): in a manner that disparages Us or Our information, products or services (including this Website).

6. Disclaimer

6.1: Risk
You use this Website at Your sole risk.

6.2: Accuracy
To the extent permitted by law, We do not warrant the accuracy of the content, including any User Content, on this Website. All information on this Website may be changed at Our own discretion and without notice.

6.3: Website functionality
To the extent permitted by law, We do not warrant that functions contained on this Website such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that this Website or the server that makes it available are free from viruses or bugs.

6.4: User content
To the extent permitted by law, We do not warrant that any User Content You submit on this Website will be protected against loss, misuse or alteration by third parties. We do not warrant that We will post Your information or User Content on this Website. If We elect in Our sole discretion to post Your information or User Content on this Website, We do not warrant that the User Content or information You submit will be posted within a certain timeframe.

7. Limitation of liability

7.1: Implied Terms and Guarantees
Subject to any statutory guarantees, conditions, warranties or rights that cannot be excluded or limited under the Competition and Consumer Act 2010 (Cth) and other consumer protection laws:

(a): We give no guarantee, condition, warranty or undertaking, and We make no representation to You about the condition, suitability, safety or fitness for purpose of this Website;
(b): All implied conditions, implied warranties, and implied rights are excluded from these Terms and Conditions (collectively 'Implied Terms and Guarantees')

7.2

Goods or Services

If We become liable to You under these Terms and Conditions or pursuant to any Implied Terms and Guarantees imposed on Us by operation of law, that liability is limited to the maximum extent permitted by law. That is, to the extent it is fair and reasonable, Our liability for any goods and/or services supplied under these Terms and Conditions is limited to, at Our election and in Our absolute discretion, either to:

(a)

in the case of goods:

(i): the replacement of the goods or the supply of equivalent goods;
(ii): the repair of the goods;
(iii): the payment of the cost of having the goods replaced; or
(iv): the payment of the cost having the goods repaired.

(b)

in the case of services:

(i): the re-supply of those services; or
(ii): the payment of the cost of having those services re-supplied.

7.3: Extent of Liability

7.4: Consequential Loss and Damage
Notwithstanding anything contained in these Terms and Conditions, We will not to the maximum extent permitted by law be liable to You or any person claiming through or under You in contract or in tort in respect of any indirect or consequential loss, damage, expense or injury suffered by You or any other person (including by way of illustration and not limitation, loss of profits, income or product).

8. Indemnity

To the maximum extent permitted by law, You agree to fully indemnify and hold Us harmless against any expenses, costs, losses (including consequential losses) or damage that We may suffer or incur as a result of or in connection with Your use of, access to or conduct in connection with this Website, including but not limited to, any breach by You of these Terms and Conditions.

9. Severability

If any provision or provisions of these Terms and Conditions is or are deemed to be invalid by a court of competent jurisdiction, the invalidity of that provision or those provisions will not affect the validity of the remaining provisions in these Terms and Conditions, which will remain in full force.

10. Age affirmation

By accessing and using this Website, You affirm that You are over the age of 18 years old or otherwise have the consent of Your legal parent or guardian to access and use this Website.

11. Governing law

These Terms and Conditions are governed by and shall be interpreted in accordance with the laws in force in the State ofVictoria, Australia. By accessing this Website, You agree and shall be taken to consent and submit to the exclusive jurisdiction of the courts sitting in Melbourne, Victoria.

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