You acknowledge that by accepting these Terms of Use (and using the Open River), a legally enforceable agreement (this Agreement) is created between:

Griffith University (Australian Business Number 78 106 094 461), the operator of the BCCVL (Us, We or Our) and

You or the organisation or institution which you represent (You or Your).

1. Enforceable Agreement

a) You agree that this Agreement will become legally binding when You begin using Open River. You acknowledge that You have read this Agreement, understand it, and have had the opportunity to seek independent legal advice prior to entering-into it (if You consider that necessary).

b) If You upload metadata into the Open River, You acknowledge that this information will become publicly available and that you are responsible for its accuracy.

c) You acknowledge that We may occasionally make modifications to the terms of this Agreement (or the other agreements on the Open River), and that Your continued use of Open River will be in accordance with those modified terms.

d) If You are entering into this Agreement on behalf of an organisation or institution, You represent and warrant that You have the legal authority to do so, and to bind that organisation or institution to the terms of this Agreement.

e) You acknowledge that Your use of Open River must be in accordance with the terms of this Agreement. If You do not agree to the terms, You must not use Open River.

2. Licence to Use the Open River

a) As the operator of the Open River, We grant You a non-exclusive, non-transferrable, non-sub-licensable licence to access, view and use the Open River in accordance with the terms of this Agreement. You acknowledge that We may revoke Your licence to use the Open River at any time, in accordance with the terms in this Agreement.

b) You must not attempt to reverse engineer, decompile, disassemble, translate or attempt to ascertain the source code underlying the Open River.

c) You acknowledge that Your use of the Open River is for academic and research purposes. In no event will You attempt to sub-licence, lease or otherwise make-available the Open River to a third party.

d) For the avoidance of any doubt, You acknowledge that You will not acquire any intellectual property ownership rights in the Open River pursuant to Your use of it. All intellectual property rights in the Open River are retained by Us.

 

3. Our ability to suspend (or terminate) Your use of the Open River

a) You acknowledge that We may, in Our absolute discretion, suspend or terminate Your access to the Open River at any time for any reason. Without limiting Our rights, You acknowledge the following circumstances are examples of when Your account may be suspended and/or terminated:

i. if We reasonably believe that You are not complying with the terms of this Agreement;

ii. if You use the Open River in an excessive manner, or in a way that monopolises the system’s resources;

iii. if the Open River becomes (or may become) subject of a claim of infringement of any third party’s intellectual property rights;

iv. if We are unable to sufficiently fund the Open River;

v. if We receive a request from a law enforcement agency, or pursuant to a court order.

b) In addition to the above rights, We may suspend an individual request for data that You have requested in circumstances where such request would, in Our reasonable opinion, cause the Open River to operate in a manner that affects the efficacy of the system, and the other users enjoyment thereof.

c) We are not required to formally notify You that Your use of the Open River has been suspended or terminated under this clause.

d) If We terminate this Agreement:

i. all of Your rights under this Agreement terminate immediately; and

ii. You will continue to honour the terms of licence under which You have received data from the Open River under clause 3 of this Agreement.

e) Nothing in this clause attempts to limit Our rights under this Agreement. To avoid any doubt, Our right of suspension and/or termination is in addition to any other right We may have against You under this Agreement.

4. Limitation of Liability

a) The Open River is provided on an ‘as-is’ basis. Your use of the Open River is at Your sole risk. We do not offer any warranties or assurances that:

i. Your access to the Open River will be continuous or without interruption;

ii. the data that You access and/or generate when using the Open River (including Derived Data) will be accurate, reliable or complete;

iii. Your use of the Open River will not corrupt Your data or computer systems;

iv. the intellectual property rights in the Open River (and the data which You access and/or generate) will not infringe the rights of any third party;

v. the Open Riverwill be free from errors and/or viruses.

b) Except as provided in this Agreement, and other than conditions or warranties that cannot be excluded by law, We disclaim all conditions, warranties and representations, either express or implied, with respect to Your use of the Open River.

c) Without limiting this Agreement, under no circumstance will We be liable for, and You release Us from any direct, indirect or consequential damages or expense, damage or loss (or related expense) which may arise from:

i. Your use of the Open River – irrespective of whether We have had any notice of the possibility of such loss;

ii. Your inability to use or access the Open River, including as a result of:

termination or suspension of this Agreement or Your access to the Open River;

Our discontinuation of the Open River;

any change to the Open River which We implement;

any downtime or system failure of the Open River.

iii. the unauthorised access to, alteration of, or the deletion, destruction, corruption, damage, loss or failure regarding Your data (or Derived Data).

d) You agree to indemnify Us (including Our affiliates, officers, directors and employees) from and against all actions, claims, demands, losses, damages and expenses that We sustain or incur as a direct or indirect result of:

i. Your use of the Open River; and

ii. Any breach of this Agreement by You.

e) Where the Open River contains links to third party websites, You acknowledge that We have no control over the content of those websites, and We accept no responsibility for them or for any loss or damage that You may suffer pursuant to Your visitation of them.

7. General

a) Privacy – We will comply with Our Privacy Policy available on this website (www.theopenriver.org.au).

b) Governing Law – This Agreement shall be governed and construed in accordance with the laws of the State of Queensland, Australia. You agree to submit unconditionally to the exclusive jurisdiction of the Courts of Queensland.

c) Entire Agreement – This Agreement constitutes the entire agreement between You and Us; and supersedes all previous written and oral agreements and understandings regarding Your use of the Open River.

d) Severability – Part or all of any provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions of this Agreement continue in force.