You accept these terms and conditions by accessing or using any part of www.emrsanctuary.com (“the Website”) after the first time you visit a page containing a link to them. You then confirm your acceptance of these terms and conditions (as varied from time to time) each time you access or use any part of the Website or the information, opinion, web links, products, services or other materials (collectively “the Materials”) it describes or provides.
A reference to “these terms and conditions” also includes all other instructions, terms or conditions concerning access to and use of the Website, the Materials or any part of them. If you do not accept these terms and conditions, you may not access or use the Website or the Materials.
These terms and conditions, the Website and the Materials are governed by, and are to be construed according to, the applicable laws of the State of New South Wales of the Commonwealth of Australia. The Publisher of the Website (“the Publisher”) may at his discretion modify, remove, change or amend any part of these terms and conditions or any of the features of the Website or the Materials without notice or liability.
The Publisher makes no representations that the Website or the Materials complies with the laws, including intellectual property laws, of any country outside Australia. If you access or use the Website or the Materials from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access or use the Website, the Materials, or where anything you publish or upload to the Website can be accessed or used.
Use of the Website
You agree that you will not access or use the Website or the Materials for any purposes that are commercial, unlawful or may prejudice the reputation or interests of the Publisher. “Unlawful” use includes activities such as fraud, the posting of defamatory or offensive material, infringement of the rights of others and failure to comply with any legislation. You must not hack into or otherwise interfere with the operation of the Website or any information contained within it. This includes knowingly transmitting a virus or other damaging item to this site.
By logging on, you will be assuming all risks associated with use of the Website and the linked websites, including risk to your computer, software or data being damaged by any virus which might be transmitted through the Website.
Without limitation, the Publisher does not warrant that the Website, linked websites or the Materials are: a) constantly available, or available at all; b) complete, accurate, without error, non misleading; c) sanctioned by law; or d) suitable and/or safe for your intended use.
The Publisher will attempt to ensure that the Website and the Materials are accurate. However, to the maximum extent permitted by law, the Website and the Materials are provided “as is” and without any representations or warranties, express or implied. You must rely solely upon your own inquiries with regard to any action taken, not taken or under consideration. In all instances, you are to give absolute priority to expert professional advice, and protection of life and property.
Nothing in the Materials is to be assumed as fact or utilized as qualified commercial, legal, health, diagnostic or medical opinion, or as an assertion that any person, organization, material, device, procedure, service or other entity is or is not safe, effective or compliant with applicable laws, regulations and ethical standards.
The Website and the Materials are for the purpose of exchanging provisional information on science, the environment, politics, social justice and human wellbeing. A reference in any part of the Website or the Materials to a person, organization, material, device, procedure, service or other entity is for illustrative purposes only and shall not be construed or utilized as an endorsement or judgement on the part of the Publisher.
Limitations of Liability
Access to and use of the Website and the Materials is entirely at your own risk. To the maximum extent permitted by law, the Publisher will not be liable to you (whether under the law of contract, the law of torts or otherwise) for any costs, claims, expenses, charges, losses, damages or penalties of any kind (including indirect, special or consequential loss or damage, business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or loss or corruption of information or data) incurred directly or indirectly through your use of the Website, the Materials, or your reliance on the information on the Website or the linked websites, or any error, omission or misrepresentation in any information on the Website or the linked websites. Nothing in the Website terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
If the Publisher provides any Materials via the Website in breach of a condition or warranty which is implied by law and cannot be excluded, the Publisher’s liability is limited, to the maximum extent possible, to one of the following at his option a) the supply of the Materials again b) the repair of the Materials, or c) the payment of the cost of having the Materials supplied again or repaired.
You agree to indemnify, defend, and hold harmless the Publisher from any damages, liabilities, costs and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defence, or settlement thereof arising in connection with your use of the Website, the Materials, any user-generated content you or other persons post, upload or otherwise make available to the Website, your violation of the terms and conditions, or your violation of any law, rule or regulation, or the rights of the Publisher or any third party.
Copyright and Trademarks
The Website and the Materials contain copyright material, intellectual property, brand names and other trademarks that are protected by law. You should assume that all names and logos are trademarks of the Publisher or third parties, and that all content of the Website and the Materials is subject to copyright. Except as expressly authorized in writing, the use of the Materials on this site (including by reproduction, modification, distribution, republication, display or communication of any kind) for commercial purposes or self-promotion is strictly prohibited.
By accessing or using the Website or the Materials, you agree that the exclusions and limitations of liability set out in the Website terms and conditions are reasonable. If you do not think they are reasonable, you must not use the Website, the links it provides or the Materials.
If any provision of these terms and conditions of use is, or is found to be, unenforceable under applicable law, that provision must be read down to the extent necessary to make it enforceable and if it is unable to be so read down, it must be severed (without affecting the enforceability of the other provisions of these terms and conditions).
Fair Use Declaration
The Website may contain copyrighted material the use of which may not always be specifically authorized by the copyright owner. In such a case, the Publisher is making said material available in a non-commercial capacity to exchange information regarding science, the environment, politics, social justice and human wellbeing. The Publisher believes this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from the Website for purposes of your own that go beyond “fair use”, you must obtain permission from the copyright owner.
In accordance with Title 17 USC.Section 107, the Material on the Website is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information, refer to United States Code: Title 17, Section 107 as reproduced on the following web page and elsewhere: http://www.law.cornell.edu/uscode/17/107.shtml
CRIMES ACT 1914-1973
(1) Nothing in the preceding provisions of this Part makes it unlawful for a person –
(a ) to endeavour in good faith to show that the Sovereign, the Governor-General, the Governor of a State, the Administrator of a Territory, or the advisers of any of them, or the persons responsible for the government of another country, has or have been, or is or are, mistaken in any of his or their counsels, policies or actions;
(b) to point out in good faith errors or defects in the government, the constitution, the legislation or the administration of justice of or in the Commonwealth, a State, a Territory or another country, with a view to the reformation of those errors or defects;
(c) to excite in good faith another person to attempt to procure by lawful means the alteration of any matter established by law in the Commonwealth, a State, a Territory or another country;
(d) to point out in good faith, in order to bring about their removal, any matters that are producing, or have a tendency to produce, feelings of ill-will or hostility between different classes of persons; or
(e) to do anything in good faith in connexion with an industrial dispute or an industrial matter.