We (the School of Architecture and Design at RMIT University) run an open community and course site called Creative Practice Research. The Creative Practice Research basic service is free. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on our website.
If you find a piece of Creative Practice Research content that you believe violates these Terms of Service, please contact us.
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Creative Practice Research., acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Creative Practice Research site account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. Creative Practice Research website account.
- Your Creative Practice Research.info Account and Website. If you create a piece of content on Creative Practice Research, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify us of any unauthorized uses of your content, your account, or any other breaches of security. Creative Practice Research will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to Creative Practice Research, post links on Creative Practice Research, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. By submitting Content to Creative Practice Research for inclusion on your website, you grant Creative Practice Research a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license allows Creative Practice Research to make publicly-posted content available to third parties selected by CreativePracticeResearch.org so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, CreativePracticeResearch.org will use reasonable efforts to remove it from CreativePracticeResearch.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, CreativePracticeResearch.org has the right (though not the obligation) to, in CreativePracticeResearch.org’s sole discretion, (i) refuse or remove any content that, in CreativePracticeResearch.org’s reasonable opinion, violates any CreativePracticeResearch.org’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of CreativePracticeResearch.org to any individual or entity for any reason. CreativePracticeResearch.org will have no obligation to provide a refund of any amounts previously paid.
2. Responsibility of Visitors.
Creative Practice Research has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, CreativePracticeResearch.orgdoes not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CreativePracticeResearch.org disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Creative Practice Research links, and that link to Creative Practice Research. CreativePracticeResearch.orgdoes not have any control over those non-Creative Practice Research websites, and is not responsible for their contents or their use. By linking to a non-Creative Practice Research website, Creative Practice Research does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Creative Practice Research disclaims any responsibility for any harm resulting from your use of non-Creative Practice Research websites and webpages.
4. Copyright Infringement and DMCA Policy.
As Creative Practice Research asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Creative Practice Research violates your copyright, you are encouraged to notify Creative Practice Research. Creative Practice Research will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Creative Practice Research will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Creative Practice Research or others. In the case of such termination, Creative Practice Research will have no obligation to provide a refund of any amounts previously paid to Creative Practice Research.
5. Intellectual Property.
This Agreement does not transfer from Creative Practice Research to you any Creative Practice Research or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Creative Practice Research, the Creative Practice Research logo, and all other trademarks, service marks, graphics and logos used in connection with Creative Practice Research or our Services, are trademarks or registered trademarks of Creative Practice Research or Creative Practice Research’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Creative Practice Research or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Creative Practice Research may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Creative Practice Research account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Our Services are provided “as is.” Creative Practice Research and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Creative Practice Research nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Limitation of Liability.
In no event will Creative Practice Research, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Creative Practice Research under this agreement during the twelve (12) month period prior to the cause of action. Creative Practice Research shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
You agree to indemnify and hold harmless Creative Practice Research, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Creative Practice Research and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Creative Practice Research, or by the posting by Creative Practice Research of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.