1. Acceptance of Terms
By accessing and using Conscious City, whether through the website (the "Website") or the mobile application (the "App"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you should not use the Website or the App.
2. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website and the App. Your continued use of the Website or the App following the posting of changes constitutes your acceptance of such changes.
3. Registration and Account
Eligibility: You must be at least 13 years old to register and use the Website and the App.
Account Information: You agree to provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
Termination: We reserve the right to suspend or terminate your account at our sole discretion if we believe you have violated these Terms or engaged in any fraudulent or illegal activity.
4. User Conduct
Prohibited Activities: You agree not to:
Post any content that is unlawful, harmful, defamatory, or otherwise objectionable.
Use the Website or the App for any commercial purposes without our prior written consent.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt the Website, the App, or servers or networks connected to the Website or the App.
5. Content
User-Generated Content: You retain ownership of any content you post on the Website or the App. However, by posting content, you grant us a non-exclusive, royalty-free, worldwide, transferable, sub-licensable licence to use, reproduce, modify, distribute, and display such content in connection with the operation of the Website and the App.
Moderation: We have the right, but not the obligation, to monitor and edit or remove any activity or content that we believe violates these Terms.
6. Monitoring and Enforcement
We have the right to:
Remove or refuse to post any user contributions for any or no reason in our sole discretion.
Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the terms of use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the App or the public or could create liability for the company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website or the App.
Terminate or suspend your access to all or part of the Website or the App and services for any or no reason, including without limitation, any violation of these terms of use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the App. You waive and hold harmless the company and its affiliates, licensees, and service providers from any claims resulting from any action taken by the company and/or any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company or such parties or law enforcement authorities.
However, we do not undertake to review all material before it is posted on the Website or the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. Commercial Content
We aim to deliver commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to use your Content and Information in connection with commercial, sponsored, or related content served or enhanced by us.
We will not give your Content and/or Information to advertisers without your consent.
You understand that we are not required to identify paid services and communications as such.
8. Privacy
Your privacy is very important to us. Our Privacy Policy sets out how you can use Conscious City to share your Content and Information with others and how we reserve the right to collect and use your Content and Information. We encourage you to read our Privacy Policy and to use it to help you make informed decisions as to your use of Conscious City.
9. Intellectual Property
Ownership: The Website and the App and their original content, features, and functionality are and will remain the exclusive property of Conscious City and its licensors.
Trademarks: Conscious City and its logos are trademarks of Conscious City. You agree not to use these marks without our prior written permission.
9. Copyright
In accordance with the Australian Copyright Act 1968, we will remove any content if properly notified that such content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any content without prior notice.
If we publish or are hosting content that you think infringes your copyright, please email us at hi@consciouscity.com and we will address your concerns.
If you have corresponded with the company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the Australian Copyright Act. The text of the act can be found at the Australian Copyright Council website.
To file a notice of infringement with us, you must provide a written communication by email to hi@consciouscity.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the material.
Provide information reasonably sufficient to permit us to contact you – an email address and/or telephone number is preferred.
For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
Proof of copyright in the image concerned, namely proof of copyright registration of the image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document and email it to hi@consciouscity.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on www.consciouscity.com infringes your copyrights.
10. Disclaimers
The Website and the App are provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that the Website or the App will be uninterrupted or error-free, and we are not responsible for any interruptions or errors.
11. Limitation of Liability
To the maximum extent permitted by law, Conscious City shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of the Website or the App; (b) any unauthorised access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Website or the App.
12. Indemnification
You agree to indemnify and hold harmless Conscious City, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or the App or your violation of these Terms.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia to resolve any dispute arising out of or related to these Terms, the Website, or the App.
14. Contact Us
If you have any questions about these Terms, please contact us at hi@consciouscity.com.