Terms and Conditions

WATERWHEEL Terms and Conditions - versión en español

 

WATERWHEEL is a project created in the spirit of collaboration on the subject of water. As a user, you, and other users, will be able to collaborate, explore ideas, research, gather feedback, and share content about water. The subject of water can be taken either literally or by taking water as a metaphor.

The WATERWHEEL Project includes the WATERWHEEL interactive website; the TAP online venue for events, collaborations and performances; and FOUNTAINS - outcomes that well up from the project that anyone can initiate.

1. Your Acceptance

A. By using or visiting the WATERWHEEL website and the TAP online collaborative platform (collectively known herein as “WATERWHEEL”), you signify your agreement to:
- WATERWHEEL Terms and Conditions (the “Terms of Use”).
- WATERWHEEL Privacy Policy (the “Privacy Policy”), found here and incorporated herein by reference.
- WATERWHEEL Copyright Policy (the “Copyright Policy”), found here and incorporated herein by reference.
If you do not agree to any of these Terms of Use, the Privacy Policy, or the Copyright Policy, please do not use WATERWHEEL.

B. WATERWHEEL reserves the right to modify or amend these Terms of Use, the Privacy Policy and the Copyright Policy from time to time without notice. Although we will attempt to notify you when major changes are made to these Terms of Use via email, you should periodically review the most up-to-date version here.

2. WATERWHEEL Accounts

In order to access WATERWHEEL, you will have to create a WATERWHEEL log-in. You may never use another’s log-in without permission. When creating your log-in, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your log-in, and you must keep your log-in password secure. You must notify WATERWHEEL immediately of any breach of security or unauthorised use of your log-in.

3. Uploading Guidelines

A. In order to upload content to WATERWHEEL, you must own or hold all necessary rights (copyrights, etc.) to that content (“Your Content”) and follow the rules set forth in these Uploading Guidelines. “Your Content” includes images, videos, webcasts, animations, audio files and documents that you contribute to WATERWHEEL.

B. If you do not follow these rules, we reserve the right to delete Your Content and/or your WATERWHEEL account without warning.

C. By using WATERWHEEL, you agree that you will only upload content about, inspired by, significantly related to, derived from, or inspired metaphorically by water.

D. You, and other users, will be able to access, manipulate and remix Your Content and the content uploaded by other users (collectively known as “User Generated Content”) with a set of real-time tools on the TAP. User Generated Content displayed through the TAP may be scaled, rotated, moved and layered. Multiple forms of media from any contributor may be layered over or under other media, including drawing. You agree that Your Content may be used in this way and that you allow other users of  WATERWHEEL the rights to use Your Content in this way.

E. All comments made in the chat facility of the TAP are archived in logs that can be accessed by administrators.

F. You agree to not upload, post, transmit or otherwise make available through WATERWHEEL any material which:
- Infringes any other person’s intellectual property rights including, but not limited to, copyright and associated moral rights, and trademarks.
- Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress to or incite hatred of any person.
- Seeks to endorse commercial products or activities or to solicit business.
- Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise break any law.
- Restricts or inhibits any other user from using or enjoying WATERWHEEL.
- Affects the functionality or operation of WATERWHEEL or its servers or the functionality or operation of any users, or computer systems (for example, by transmitting a computer virus or other harmful component).
- Breaches any applicable industry, human rights or animal welfare standards or codes. 

4. Intellectual Property Rights

A. User Generated Content is protected by intellectual property laws and specifically any licence that an author/creator may have taken out for any piece of their content. If you wish to use any piece of User Generated Content outside of WATERWHEEL, other than in accordance with the author’s licence, you will need the approval of the author of the content.

B. All copyright, trade marks and other intellectual property rights in WATERWHEEL (including, but not limited to, the design, visual identity, arrangement and look and feel) and all material or content supplied as part of the site, other than in any User Generated Content, shall at all times remain the property of WATERWHEEL’s core team or belongs to third parties that have given WATERWHEEL’score team permission to use their intellectual property. Reproduction of part or all of WATERWHEEL content is prohibited other than as set out in the following General Use of WATERWHEEL — Permissions and Restrictions section.

5. General Use of WATERWHEEL - Permissions and Restrictions

You are hereby granted permission to access and use WATERWHEEL as set forth in these Terms of Use, provided that:

A. You obtain permission from WATERWHEEL or its core team to distribute any part of WATERWHEEL or its User Generated Content otherwise than through the functionality that WATERWHEEL makes available for such distribution (such as through the TAP).

B. You agree not to alter or modify any part of WATERWHEEL as a platform.

C. You get consent fromthe owner of any User Generated Content if you wish to use it for any commercial purpose.

D. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers”. You agree not to collector harvest from WATERWHEEL any personally identifiable information, including log-in names, nor to advertise on WATERWHEEL.

E. WATERWHEEL reserves the right to discontinue any of its functionality at any time. WATERWHEEL will not be held liable for any loss resulting to you from the discontinuation of any of its functionality. It is your sole responsibility to maintain copies of your data locally on your equipment if you desire to ensure that access to such data is preserved.

6. Exposure to User Generated Content

You understand that when using WATERWHEEL, you will be exposed to User Generated Content from a variety of sources, and that WATERWHEEL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content.

7. Your Content and Conduct

A. You shall be solely responsible for Your Content and the consequences of submitting and publishing Your Content on WATERWHEEL. You affirm, represent, and warrant that you own or have the necessary licences, rights, consents, and permissions to publish the content you submit; and you license to WATERWHEEL all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on WATERWHEEL pursuant to these Terms ofUse.

B. For clarity, you retain all of your ownership rights in Your Content. However, by submitting Your Content to WATERWHEEL, you hereby grant WATERWHEEL, and the WATERWHEEL Project’s funding bodies, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform Your Content in connection with WATERWHEEL, including without limitation for promoting and redistributing part or all of WATERWHEEL (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of WATERWHEEL a non-exclusive licence to access Your Content through WATERWHEEL, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such content as permitted through the functionality of WATERWHEEL and under these Terms of Use. The above licences granted by you in Your Content you submit to WATERWHEEL terminate within a period of three months after you remove or delete Your Content from WATERWHEEL. You understand and agree, however, that WATERWHEEL may retain, but not display, distribute, or perform, server copies of Your Content that has been removed or deleted.

C. You further agree that content you submit to WATERWHEEL will not contain third party copyrighted material, or material that is subject to other third party proprietary rights.

D. You further agree that you will not submit to WATERWHEEL any content or other material that is contrary to applicable local, national, and international laws and regulations.

E. Copyright infringing activities and infringement of intellectual property rights are not permitted on WATERWHEEL, and WATERWHEEL will remove any contentif properly notified that such content infringes on another’s intellectual property rights. WATERWHEEL reserves the right to remove content without prior notice.

F. You agree (and warrant) that you will only provide information to the WATERWHEEL if you own all of the intellectual property rights in that information. Except for your personal information (which is dealt with under the Privacy Policy), you grant WATERWHEEL a licence to use all intellectual property rights in all information provided by you to WATERWHEEL.

You agree to waive all moral rights in the content that you provide (and ensure that you obtain all moral rights waivers in relation to all the content that you provide) to WATERWHEEL, and that these waivers require that you (and all applicable third parties) consent to any use which WATERWHEEL (or any person permitted to do so by us) may require.

G. You must not violate, attempt to contravene, degrade the security systems of or “hack” WATERWHEEL. “Hack” means gaining control of, denying access to or unauthorised access to WATERWHEEL (including using another member’s username and password), causing malicious damage or interference with WATERWHEEL’s operations and includes: mail bombing; propagating viruses, worms or other types of malicious code; deliberate attempts to overload a computer system; broadcast attacks or any other method designed to damage, degrade or interfere with the operation of a computer system or website.

8. Log-in Account Termination Policy

A. WATERWHEEL will terminate a user’s access if the user is determined to be an infringer of the Uploading Guidelines or, according to the Copyright Policy, a repeat infringer of copyright.

9. The WATERWHEEL Name

A. The WATERWHEEL name, logo(s) and visual identity are the exclusive property of WATERWHEEL or its affiliates. All other trademarks appearing on WATERWHEEL are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content, which they make available through WATERWHEEL. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely tocause confusion. Nothing contained on WATERWHEEL should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of our trade names, trademarks or service marks without our express prior written consent.

10. Copyright Policy

A. WATERWHEEL operates a clear Copyright Policy in relation to any User Generated Content alleged to infringe the copyright of a third party. Details of that policy can be found here.

B. As part of the WATERWHEEL Copyright Policy, WATERWHEEL will terminate user access if a user has been determined to be a repeat copyright infringer. A repeat copyright infringer is a user who has been notified of copyright infringing activity more than twice.

11. Changes to WATERWHEEL

WATERWHEEL will try to remain free, however the need might arise to make changes and users will be notified. WATERWHEEL reserves the right, at any time, to: (a) charge fees in connection with the use of all or part of WATERWHEEL; (b) modify and/or waive any fees charged in connection with WATERWHEEL; and/or (c) offer opportunities to some or all users of WATERWHEEL. Your continued use of WATERWHEEL following the changes will constitute your acceptance of such changes.

12. Third-Party Websites

A. WATERWHEEL may contain links to third party websites that are not owned or controlled by WATERWHEEL. WATERWHEEL assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, WATERWHEEL will not and cannot censor or edit the content of any third-party website. By using WATERWHEEL, you expressly relieve WATERWHEEL from any and all liability arising from your use of any third-party website.

B. Accordingly, we encourage you to be aware when you leave WATERWHEEL to read the terms and conditions and privacy policy of each other website that you visit.

13. Warranty Disclaimer

You agree that your use of WATERWHEEL shall be at your sole risk. To the fullest extent permitted by law, WATERWHEEL and its core team exclude all warranties, express or implied, in connection with WATERWHEEL and your use thereof. To thefullest extent permitted by law, WATERWHEEL excludes all warranties, conditions, terms or representations about the accuracy or completeness of WATERWHEEL’s content or the content of any sites linked to WATERWHEEL and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of WATERWHEEL, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from WATERWHEEL, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through WATERWHEEL by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via WATERWHEEL.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall WATERWHEEL and its core team be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of WATERWHEEL, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from WATERWHEEL, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through WATERWHEEL by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via WATERWHEEL, whether based on warranty, contract, tort, or any other legal theory, and whether or not WATERWHEEL is advised of the possibility of such damages.

You specifically acknowledge that WATERWHEEL shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

WATERWHEELis controlled and offered from its facilities in Australia. WATERWHEEL makes no representations that the Service is appropriate or available for use in other locations. Those who access or use WATERWHEEL from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless WATERWHEEL and its core team, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to WATERWHEEL; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of WATERWHEEL.

16. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abideby and comply with these Terms of Use.

WATERWHEEL provides these Terms of Use so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review theseTerms of Use and that you have agreed to them.

17. Assignment

TheseTerms of Use, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by WATERWHEEL without restriction.

18. Language of the Terms

A. Where WATERWHEEL has provided you with a translation of the English language version of the Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with WATERWHEEL.

B.  If there is any contradiction between what the English language version of the Terms of Use says and what a translation says, then the English language version shall take precedence.

19. General

These Terms of Use, together with the Privacy Policy, and Copyright Policy published on WATERWHEEL, shall constitute the entire agreement between you and WATERWHEEL. If it turns out that a particular term is not enforceable, this will not affect any other terms. You and WATERWHEEL agree that any cause of action arising out of or related to WATERWHEEL must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

20. The Law That Governs These Terms of Use

These Terms of Use together with the Privacy Policy, and Copyright Policy will be governed and interpreted in accordance with the laws of Queensland, Australia. You agree that the courts and jurisdiction of Queensland will govern any dispute or matter arising from these Terms of Use.