Terms and Conditions of Use Agreement between TheSourceBottle Pty Ltd (ACN 147 880 064) (‘SourceBottle’) and users (‘You/Your’) of the SourceBottle website (‘Website’).
Your use of the Website is subject to these legally binding terms and conditions. Please read them carefully before entering the Website. If you do not accept these terms and conditions, you must not enter this Website.
Website Terms and Conditions
You may only use the Website for its proper purposes. The Website is owned and operated by SourceBottle and this Agreement may be revised by SourceBottle from time to time. This Agreement must be read in conjunction with the Privacy Policy.
Your use of the Website
You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
You will not violate or attempt to violate the security of the Website. You will not hack into the Website, SourceBottle's computer systems or the computer systems of other users of the Website. ‘Hacking’ means unauthorised access (including using another user’s login), malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
Your usage of the Website does not include a right to Deep Hyperlink to web pages within the Website without going through the Website homepage or other nominated entry points.
You agree that You will only use the Website in a responsible manner and in accordance with all applicable laws, including in a manner that does not restrict others from enjoying the Website.
Your contributions to the Website
You may submit content to the Website for inclusion. SourceBottle, at its sole discretion, may determine whether (or not) Your content will be included, and reserves the right to edit, or amend, any content submitted by You. You warrant that You are permitted to submit the content to the Website, and that You will not submit, post on the Website, or email any material in breach of any law, any obscene, explicit, pornographic, inflammatory material, or any material that could otherwise give rise to criminal or civil proceedings.
You agree (and warrant) that you will only provide information to SourceBottle 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 immediately assign to SourceBottle, upon creation, all intellectual property rights in all information provided by You to SourceBottle (including your Website postings).
Services provided on the Website
SourceBottle reserves the right to add, modify or discontinue any of the services offered on the Website at any time without notice. SourceBottle will not be held liable for any decision to add, modify or discontinue a service.
Sign up
You can sign up to receive email alerts from SourceBottle by completing the Registration Form. It is a condition of registration that You provide a valid email address and a password. You agree not to provide this password to any third parties.
Registration of the Website is free, and entitles You to see content on the Website. However, as a Subscriber you are subject to the following rules:
- Spamming a journalist/blogger/writer is grounds for being immediately banned from receiving queries/call outs or visiting the Website. Any response that does not answer a query/call out posted on the Website is considered ‘off-pitch’ and deemed spam.
- You may forward ‘Drink Up’ alerts or individual call outs, but You may not post them on blogs or anywhere on the web, unless given express permission.
- You are not allowed to collect/harvest email addresses obtained through the Site or ‘Drink Up’ alerts for any reason.
- If anyone else spams a journalist/blogger as a result of You forwarding or passing on the ‘Drink Up’ alerts or individual call outs, You will be seen as responsible for their actions and immediately banned from receiving queries/call outs or visiting the Website.
- You may not request payment for comment, unless the call out specifically indicates that payment is available for successful sources.
If you are in breach of any of these rules you will be banned from the Website without further warning. Further, SourceBottle reserves the right to publicise the identity of anyone who misuses the service (or is in breach of these terms and conditions) to all users of the Website and SourceBottle services. Using SourceBottle and our services constitutes acknowledgment of and agreement to these terms and conditions.
Future changes
From time to time, this Agreement will be reviewed and may be revised. SourceBottle reserves the right to change this Agreement at any time, and revoke your registration. Any changes to this Agreement will be posted on the Website.
Your continued use of the Website will constitute your acceptance of the variation of the Agreement (at SourceBottle's sole discretion) without notice to You.
Website availability
From time to time down-time, either scheduled or unscheduled, may occur. SourceBottle will work within reason to ensure this amount of down-time is limited.
SourceBottle will not be held liable for the consequences of any down-time.
Intellectual Property
Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only, and the contents of this Website may not be copied or otherwise shared with any third parties
Without limitation, You agree that You will not print, distribute, display, sell, publish, broadcast, circulate, disseminate or commercially exploit, in any form or by any method whatsoever, part or all of the contents of the Website, or incorporate the website material, or any part of it, in any work or publication, whether in hard copy, electronic, or any other form.
Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by SourceBottle or by other parties that have licensed their material to SourceBottle. SourceBottle's trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by SourceBottle.
All rights not expressly granted are reserved.
This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under SourceBottle's direct control and SourceBottle accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that SourceBottle is entitled to require you to remove any link from another website to this Website which you install without obtaining SourceBottle's prior written consent.
Limitation of Liability
To the maximum extent permitted by law, SourceBottle does not give any warranty in relation to the content, accuracy, or any other aspect of:
- any material on the Website; or
- the performance of the Website.
To the maximum extent permitted by law, SourceBottle excludes all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that You may suffer as a result of:
- the use or reliance on any information on the Website;
- accessing or using the Website; or
- any interruption, suspension or termination of the Website for whatever reason.
SourceBottle's exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity, or pursuant to statute, or on any other basis, and even if SourceBottle has been notified of the possibility of such loss or damage.
You agree that any liability of SourceBottle to You at law will be reduced by the extent, if any, to which You contributed to the loss or damage.
Termination
SourceBottle reserves the right to cease providing services at any time.
SourceBottle shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
Governing law
These terms and conditions will be governed by and construed in accordance with the laws of Australia.
Definitions
"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
"Deep Hyperlink" means a direct hypertext link or hypertext linking, established by a third party for purposes other than non-commercial personal use, from the Website where items or images from content providers reside to another web page, and such link bypasses the homepage of the Website or the homepages of the sections of the Website where items or images reside.
"Registration Form" means the online registration form to be completed by You in relation to Your registration.
"SourceBottle" means TheSourceBottle Pty Ltd (ACN 147 880 064).
"Website" means internet website with the URL [www.sourcebottle.com].
"You" means the user of the Website (and "Your" has the corresponding meaning).