Terms of Use

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1 Agreement between User and Website Operator

This document is an agreement between you (User) and Jaani Riordan (Website Operator). In return for the Website Operator granting the User a licence to access and use information contained on this website, http://www.jaani.net/ (Content), you promise to abide by the terms and conditions set out in the following documents (Agreement):

The remainder of this document sets out specific terms of use forming the first part of the Agreement.

2 Non-reliance on information

This is a personal website that the Website Operator carries on as a hobby and not for profit. While I try to get everything right, I’m bound to make mistakes, and you should not take site Content at face value. To this end, you agree not to rely upon the Content for any serious purpose without seeking independent legal advice. You acknowledge that reliance on the Content would be unreasonable and that its potential defects and inaccuracies were explained to you.

3 Not legal advice

Although this website deals with materials of a legal nature, it is not intended to create a lawyer–client relationship and the author neither holds himself out as nor acts in his capacity as a practising lawyer. You acknowledge that nothing in the Content is legal advice and agree not to treat it as such. To the extent you do otherwise, or cause others to do otherwise, you agree to indemnify the Website Operator for any loss or damage suffered by you, them or a third party; this indemnity is given in addition to those contained in the disclaimer.

4 Defamatory or offensive content

4.1    Posted by third parties

This is a public forum accessible by others. Members (and anonymous users) can post comments without administrator approval. While I can remove comments if you think you have been defamed, I do not owe you any duty to prevent these comments or to compensate you for damage that you suffer as a result of what other people may write about you or your activities on this Website. I will try to remove offensive or inappropriate comments wherever I notice them, but I cannot guarantee that I’ll catch everything. Your first recourse should be with the person who posted such a comment, not me. To that end, you agree to indemnify me for any injury arising from Content on this website.

4.2    Posted by you

You agree not to post defamatory, offensive, hurtful or obscene content (Prohibited Content) on the Website, or content that a reasonable person would think could possibly be construed in any of those ways. If someone sues me in connection with something that you write on the Website, you agree to pay my indemnity costs of defending any action, including preparatory legal advice and settlement costs. You also agree to pay any damages awarded to the extent that, but-for your Prohibited Content being posted, I would not have been ordered to pay them.

5 Fair access

Use of this website is allowed on a ‘fair access’ basis. This means that you can do anything subject to three limitations (Fair Access Principles):

  1. You must not do anything that contravenes or incites others to contravene the law.
  2. You must not do anything that would infringe the rights of the Website Operator of a third party (eg, copyright).
  3. You must not do anything that would materially limit the ability of others to access the Website (Harmful Activities).

I have no problem with anything that does not infringe the three Fair Access Principles, but obviously you must use your own common sense. Examples of Harmful Activities include: harvesting content, deliberately sabotaging or undermining the Website’s operation, uploading data you know or reasonably suspect could harm the Website, and inundating the Website with abnormal requests — essentially, any activity designed to impair this Website or others’ ability to use it.

6 Academic integrity and the User

Study resources, notes, essays, exam summaries and other valuable materials are posted here. Hopefully you’ll find them useful. When using this material, you should remember that academic integrity is a fundamental ethical and legal obligation, and you agree that you will comply with any applicable codes of conduct binding upon you (for example, University assessment policies). Attribution is the core right of an author, and you should attribute any materials that you do use to me. Failure to attribute is a breach of this Agreement and may also land you in academic trouble with your University or employer. For example, unattributed incorporation of a significant portion of my notes into your own is copyright infringement. More importantly, it’s unethical and lazy. You agree to accept full responsibility for your own academic conduct and agree to indemnify the Website Operator to the extent you breach or cause others to breach applicable standards of academic integrity.

7 Limited licence

The Website Operator grants you a bare licence to access the Website subject to this Agreement. This means that you can use a browser or search engine to view pages on the website and engage in any activity that a reasonable honest internet user would engage in, subject to copyright and other third party rights. However, the Content may be removed at any time and neither the Website Operator nor any other contributor to the Website is under any obligation to grant you access. Your licence to use materials on the website is also limited: it can be revoked at any time, and does not grant you any rights to deal with Content as its owner.

8 Third party intellectual property

8.1    Trade marks

Trade marks may from time-to-time be used in Content to describe third party products or services. You should not assume that this website is affiliated with those products or services unless stated otherwise. Such marks remain the property of their respective owners. You should not assume from the Content that you may use them for any purpose other than fair comment on that Content. Your use of those marks is at your own risk and you will not hold the Website Operator responsible for any liability that attaches to that use.

8.2    Copyright and related rights

You agree not to post or link to any information that infringes (or that a reasonable informed person would conclude is likely to infringe) copyright of any author in any jurisdiction, unless you also state: that a defence applies, name the defence, and briefly justify its applicability to your post. In such event, you agree to indemnify the Website Operator for any liability for copyright infringement. You also understand that I may still remove your post if I think it breaches third party rights, and that my discretion in the matter is final.

9 Local laws

I’m pretty sure this website is banned in China. It may be banned elsewhere as well. It may even be filtered in your workplace. Should you attempt to bypass these filters, you agree not to hold me responsible for the consequences. I do not advocate access to this Website if it would breach a law at the place from which you are accessing it.

10 Jurisdiction

The courts of Victoria, Australia, shall have exclusive jurisdiction in any dispute arising out of your use of the Website.

11 Choice of law

This Agreement shall be governed by the laws of Victoria, Australia.

12 Alterations

The Website Operator may unilaterally amend this Agreement or any document forming part of it without notice to the User by publishing an updated version on the Website.