BIG BROTHER CHAOS WEB SITE TERMS OF USE

These Terms of Use

Big Brother Chaos welcomes you to our web site. These Web Site Terms of Use (“Terms of Use”) govern your use of the web site that display these Terms of Use.

Your Consent

Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as the “Terms of Use”) and any other notices displayed elsewhere on this web site. Your use of, and/or access to, the web site constitutes your agreement to the Terms of Use.

Changes to These Terms of Use

Big Brother Chaos reserves the right to amend the Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time. These amendments will be effective as of the date we post the revised version on our Web site at the bottom of this page.

Copyright

Material Copyrighted

Under Australian copyright law, limited quotation is permissible only in the context of genuine review and criticism. However this does not permit extensive quoting of material.

The original written content presented on Big Brother Chaos is copyrighted. Publication of content presented on Big Brother Chaos is not permitted elsewhere without prior written consent. Exceptions are minor quotes of opinion or theory or other original works of content presented on Big Brother Chaos.

Copyright Infringement

Image Sources

Please note that images appearing on this web site may have been obtained through other web sites that provide them freely. They may also appear in search engines. If you are the copyright owner of one or more images appearing on this web site then you may wish to lodge a Copyright Infringement Notice to any web site that “freely” offers an image that you believe is infringing your copyright ownership. You may also wish to lodge a DCMA Complaint to the relevant search engine(s).

Other images presented on Big Brother Chaos may have been purchased under a publishing licence agreement for use on said web site, or may be in use with written permission from the copyright owner. They may not be published elsewhere. An example is the eye in the site’s logo banner. This eye was created by Grim-Reaper-669 and can be viewed in its original form at Grim-Reaper-669. Permission to use the eye in return for a mention of the creator was given in early 2012. Any demands to remove the eye, such as one made by a troll in the chat area of this site in early 2012 (see below), will be rejected unless the creator sends such a request.

This is an example of an unauthorised demand to remove an image on this site. The troll may have thought he was doing the right thing morally in interfering but had no legal authority from the owner of the digital art we obtained permission to use; the troll failed to comply with requests to provide proof of ownership or agency (a requirement outlined below); and the troll was unaware that our web host has their own policy in place to deal with these matters without shutting a site down. It was all a good laugh, and the guy was perfectly serious and returned to get the shock of his life by finding that his demands were laughed at and rejected. This person in this example is what some may call a “wanker” and you will see why below if you click the image to read his laughable demands. It will be used as an example in future of what not to do.

Image/Text Copyright Infringement

If you are the copyright owner of an image used on this site, or of text that you believe has been plagiarised on this site, then please follow the instructions below in “Copyright Claims” if you believe that copyright has been infringed.

Note:

1. Complaints to the web host will NOT automatically result in the closure of this web site, like some inexperienced internet users may like to believe. The host’s policy is to remove the copyrighted image, for example, temporarily and then investigate copyright infringement.

A copyright infringement claimant thus needs to provide the information, as outlined below in “Copyright Claims”, via email to ultimateg2@mail.com, for the removal of copyrighted material from this web site.

2. Note also that copyright complaints that are found to have no legal proof attached will be ignored. Any continued complaints by the same person(s) without appropriate proof may result at the minimum in a complaint to their ISP for contravening the terms and conditions of use of their internet provision. This may result in one or more cease and desist warning notices and continued infringement may result in account closure. If this fails then further legal action may be taken.

Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Big Brother Chaos requests that the Complaining Party substantiate such claim by providing the following information via email to ultimateg2@mail.com. The words “Copyright Claim” should appear in the subject line.

To be considered effective, a notification of a claimed copyright infringement must be provided to Big Brother Chaos and must include the following information, otherwise the claim will not be considered:

  • An electronic signature of the copyright owner, or a person authorised to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a this site are covered by a single notification, a representative list of such works on that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit the owner of or administrator of Big Brother Chaos to locate the material.
  • Information reasonably sufficient to permit Big Brother Chaos to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted, if not the one used in the original email “Reply-To” section.
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Big Brother Chaos will either provide proof of copyright ownership, purchase under a licence arrangement, or a copy of written permission to use the material, or remove the material that is claimed to be infringing.

Terms and Conditions of Use

Privacy Policy

This can be viewed in the Privacy page.

Your Content

Chat area and forum – summary of terms of use

Trolling in these interactive areas of the site will not be tolerated and such posts will be removed, a ban may be put in place and visitor data to identify trolls will be collected for further action where necessary.

User Participation

All users must ensure and adhere to the following terms:

  • Do not be abusive, harass or threaten others;
  • Do not impersonate or falsely represent any other person or company;
  • Do not make defamatory comments;
  • Do not post insulting, provocative or hateful language or material;
  • Do not post obscene, offensive or discriminatory language or material;
  • Do not post material on the forum that infringes the intellectual property rights of others or breaches their confidential information;
  • Respect Indigenous cultural intellectual property rights;
  • and Comply with all applicable laws

Termination of Account

Big Brother Chaos reserves the right to terminate any user’s account, with or without notice, if it believes that the user has breached any of the Terms of Use.

User contributions may still be available on the Big Brother Chaos website after an account has been closed.

Ownership of Web Site and Content

1. Your Warranties Regarding Your Content

1.1 You may be held legally responsible for any content you submit to the online services of Big Brother Chaos. By posting your Content via our Web Site, you represent and warrant that (i) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (ii) the posting of your Content on or through our Web site does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

1.2 Big Brother Chaos reserves the right to edit, remove or not publish any submitted material, e.g.: in the chat area or forum or blog comment posts, if Big Brother Chaos considers it to be:

Defamatory or in any way unlawful; In violation of laws pertaining to discrimination, privacy, contempt or harassment; Intentionally false or misleading; In infringement of copyright or intellectual property rights; Obscene, abusive, blasphemous, offensive or likely to constitute racial vilification; An attempt to control or otherwise dominate any discussion; An attempt to intimidate other users; An attempt to provoke other users; An attempt to post on behalf of a suspended user; Inappropriate, irrelevant to topic or deliberately of nuisance value; Containing inappropriate personal information about the user him/herself or any other person, including but not limited to any or all staff members of Big Brother Chaos; An attempt to promote or endorse commercial products; An attempt to solicit business or personal favours.

1.3 Big Brother Chaos reserves the right to archive and republish all contributions submitted to its interactive features across all platforms such as our Facebook page, forum, blog, chat area.

When you submit content, in any format, you acknowledge that you have all necessary rights, including copyright, in the material that you are contributing to Big Brother Chaos. You agree that Big Brother Chaos may use the material online and in whatever other ways Big Brother Chaos chooses, now and in the future.

In the case of offence being caused by any contribution and/or submission to Big Brother Chaos, a complaint can be addressed via the “Report To Admin” button in the forum or by contacting the online administrator via email or blog post or private message in the forum.

1.4 Contributors are made aware that their posts may remain online for an indefinite period. Big Brother Chaos strongly recommends that contributors use a pen name or pseudonym as their login name and not use their real name.

1.5 Repeated breaches of these Conditions of Use may cause Big Brother Chaos to use the IP address to complain to the Internet Service Provider of the person responsible, and/or take steps to block the user’s access to the Big Brother Chaos website, and in very serious cases, initiate legal action.

2. Registration and usernames

2.1 Big Brother Chaos reserves the right to refuse registration of visitors whose suggested login names are considered inappropriate.

Grounds for refusal may include, but are not limited to, the following:

offensive content; obscenity; abuse; defamatory content; contempt; incitement; copyright infringement; brand names or registered trademarks; company or organisation names; names of high-profile, celebrity or otherwise public figures; names promoting political, religious, social or economic issues.

2.2 Big Brother Chaos reserves the right to refuse suggested login names at its sole discretion.

2.3 Big Brother Chaos will not accept any registration that Big Brother Chaos suspects has been made by or on behalf of any user who has been suspended for violation of these Conditions of Use.

2.4 Big Brother Chaos reserves the right to cancel, lock and/or delete any registered user in the case of repeated breach of these Conditions of Use.

3. User Disputes

3.1 You are solely responsible for your interactions with other members of our Websites. Cochlear reserves the right, but has no obligation, to monitor disputes between you and other members of our Websites.

4. Non-Commercial Use

4.1 Our Web Site may not be used in connection with any commercial purposes, except as specifically approved in writing by Big Brother Chaos. Unauthorised framing of or linking to any of our Web Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from our Web Site without notice and may result in termination of access privileges.

Links to Third-Party Web Sites

Our Web Site may contain links to other web sites owned by third parties (such as, advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their web sites. We do not assume any responsibility or liability for the actions, product, and content of any such web sites. Before you use any third party web site, you should review the applicable terms of use and policies for such web sites. The inclusion of a link in any of our Web Sites does not imply our endorsement of such third party web site. If you decide to access any such linked web sites, you do so at your own risk.

Disclaimer of Warranties

YOUR USE OF OUR WEB SITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEB SITE, IS AT YOUR SOLE RISK. OUR WEB SITE, AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEB SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, BIG BROTHER CHAOS, THE BIG BROTHER CHAOS FAMILY OF WEB SITES (BIGBROTHERAU.COM AND BIGBROTHERAUSTRALIA.COM), AND ITS AND THEIR RESPECTIVE, OWNER, OFFICERS, AGENTS, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEB SITE, THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEB SITE, YOUR USE OF OUR WEB SITE, OR ANY WEB SITE TO WHICH OUR WEB SITE ARE LINKED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIG BROTHER CHAOS, THE BIG BROTHER CHAOS FAMILY OF WEB SITES, AND ITS AND THEIR RESPECTIVE, OWNER, OFFICERS, AGENTS, LICENSORS AND SERVICE PROVIDERS, DO NOT REPRESENT OR WARRANT THAT (A) OUR WEB SITE OR THE CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH OUR WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF OUR WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THE CONTENT IS ACCURATE, COMPLETE, CURRENT; OR RELIABLE; (D) YOUR CONTENT, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA WILL NOT BE DELETED, LOST, MISDELIVERED, OR CORRUPTED; (E) NO VIRUSES OR OTHER HARMFUL CODE WILL BE TRANSMITTED TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT POSTED BY A USER OF OUR WEB SITES. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR WEB SITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON OUR WEB SITES OR IN CONNECTION WITH YOUR USE OF OUR WEB SITES. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEB SITES.

UNDER NO CIRCUMSTANCES SHALL BIG BROTHER CHAOS, THE BIG BROTHER CHAOS FAMILY OF WEB SITES, OR ITS AND THEIR RESPECTIVE, OWNER, OFFICERS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEB SITES, INCLUDING THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEB SITES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIG BROTHER CHAOS OR ANOTHER MEMBER OF THE BIG BROTHER CHAOS FAMILY OF WEB SITES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless Big Brother Chaos, the Big Brother Chaos family of web sites, and its and their respective, owner, officers, agents, licensors and service providers, from any and all third party claims, losses, liability, damages, losses, costs and expenses (including reasonable attorneys’ fees and costs) arising from your breach of these Terms of Use. We will attempt to notify you promptly of any such claim, liability, loss, cost or expense.

Modification and Discontinuation

We reserve the right to discontinue or modify any Website at any time without prior notice.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the state of South Australia, Australia, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued non-exclusively in state or federal court in South Australia, Australia. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use as supplemented or amended by any applicable Privacy Notices or “click-through agreement,” contain the entire understanding and agreement between you and us with respect to our Web Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect thereto.

Limitations on Actions

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions About These Terms of Use

Please address any queries related to these Terms of Use, via email, to ultimateg2@mail.com

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Last revised – 6/7/2012
Previous revisions – 5/7/2012, 20/4/2012

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