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Wednesday 12 Dec 2018 | 02:16 | SYDNEY
Wednesday 12 Dec 2018 | 02:16 | SYDNEY

Terms of Use & Content Supply Terms

The Interpreter – Terms of Use

The Interpreter (http://www.lowyinterpreter.org/) the Site is published by the Lowy Institute for International Policy (the “Institute”). It publishes daily commentary and analysis on international events for a global online audience.

These terms govern your use of the Site and by using the Site, you are agreeing to be bound by them (including the content supply terms in part 2 of these terms in the event that you submit, or agree with the Institute to prepare, content for the Site). The Institute may vary these terms from time to time, so you should check them regularly. Unless explicitly stated otherwise, all content on the Site and any new features or functionality that enhance the Site shall be subject to these terms. If any provision of these terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.

1. GENERAL TERMS OF USE

1.1 Intellectual Property

Unless otherwise indicated, all copyright, trade marks and other intellectual property rights in or on the Site (including all information, data, text, graphics, images, website design, trade marks and logos displayed on the Site) are owned by the Institute, its related entities or its third party licensors.

You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice).

You must not, without the Institute's express written permission or as otherwise permitted by applicable copyright legislation:

  • otherwise copy, use, reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Site (Republish);
  • cause any of the content of the Site to be framed or embedded in another website; or
  • use any trade marks displayed on the Site without the express written permission of the relevant owner.

If permission to Republish any part of this Site (including any article on this Site) is given, you must acknowledge the Institute as the source.

In circumstances where you receive consent from the Institute to republish any article on this Site, you acknowledge and agree that you will:

(a) indemnify the Institute and its employees, agents and related companies; and

(b) otherwise be exclusively liable,

for any legal claim whatsoever arising out of or in any way connected to the Republication of any content from this Site.

The Institute reserves the right to require that you do not Republish content from the Site and the Institute may exercise this right by giving notice to you. The Institute reserves complete discretion in relation to its exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance the Institute considers is reasonable.

1.2 Comments

Any comment you submit to the Site is subject to comments policy published on the Site from time to time.

You grant the Institute a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, communicate, publish, edit, adapt or otherwise use any comment you submit to the Site. This includes the right to sublicense to others at the Institute's discretion.

You also consent to your comment being altered, edited or adapted for use by the Institute or its sublicensees, or to ensure your comment does not infringe these terms or breach the law, as the Institute sees fit. Although the Institute will generally attribute you as the author, it's not always possible. So you consent to the Institute not attributing authorship to you, or only attributing your registered username.

You must ensure that your comment does not contain anything that breaches these terms or the comments policy, or any laws or legal rights, including by defaming any person or breaching anyone’s intellectual property rights.

If you believe any content on the site infringes these terms, please contact the Institute at reception@lowyinstitute.org.

1.3 Linking

If you provide a link on another platform to this Site or any article on this Site, you acknowledge and agree that you will:

  • attribute the content or link to the Institute;
  • not frame the content of the Site in such a way as to present it as your own or belonging to anyone other than the Institute or one of the Institute's licensors;
  • indemnify the Institute and its employees, agents and related companies and otherwise be exclusively liable for any legal claim whatsoever arising out of or in any way connected to the linking to any content on this Site.

The Institute reserves the right to require that you do not link to content on the Site and the Institute may exercise this right by giving notice to you. The Institute reserves complete discretion in relation to its exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance the Institute considers is reasonable.

The Site often includes hyperlinks and references to websites operated by third parties. Those third party websites do not form part of the Site and are not under the control of or the responsibility of the Institute. When you click on the link to those websites, you are leaving the Site and do so entirely at your own risk. The Institute and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Institute and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A link to another party's website does not imply an endorsement or recommendation by the Institute.

1.4 Restrictions on use

You agree to only use the Site in accordance with these terms and applicable laws. Without limiting the previous sentence, you must not:

(a) copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from the Site, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content;

(b) incorporate the Site in any product to be made available commercially (unless the Institute expressly agrees otherwise with you);

(c) directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the Site, or in any other manner whatsoever corrupt, degrade or disrupt the Site; or

(d) use the Site in any way that constitutes misuse, or resale or other commercial use, of the Site (or any content made available through the Site).

1.5 General Indemnity

You agree to indemnify and hold harmless the Institute and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal costs, resulting from any violation by you of these terms of use or any breach by you of your representations and warranties hereunder. The Institute reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such an event, you shall provide the Institute with such cooperation as is reasonably requested by the Institute.

1.6 Your Australian Consumer Law Rights

The Institute acknowledges that there may be certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) relating to the supply of goods and services under these terms of use which that law expressly provides may not be excluded, restricted or modified (Statutory Guarantees). Nothing in these terms of use excludes, restricts or otherwise modifies the Statutory Guarantees.

1.7 General Disclaimer

The Institute uses reasonable care and skill to ensure the accuracy of the information provided on the Site. However, it is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this Site, and to seek professional advice where necessary. The information contained on the Site is general and may not be suitable for your particular needs or purposes.

Subject to your rights under the Australian Consumer Law and to the maximum extent permitted by law, the Institute:

  • does not warrant or guarantee that the Site will be completely accurate, or that your access to the Site will be continuous and without errors, at all times. The Site is provided on an “as is” and “as available” basis;
  • excludes all liability to you for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the materials on this Site and/or your use of this Site and, without limitation, the Institute is not responsible or liable for:
    • loss that was not reasonably foreseeable or caused by the Institute’s breach of these terms or by the Institute’s negligence;
    • business losses (for example, lost data, lost profits or business interruptions) or loss suffered by non-consumers;
    • losses caused by factors which could reasonably be considered to be outside the Institute’s control; and
    • any loss caused, or contributed to, by your breach of these terms or your negligence.

The Institute excludes all other terms, conditions, guarantees and warranties, whether express or implied, by statute, trade or otherwise.

The Institute does not accept any responsibility to maintain the material and services made available on this Site or to supply any corrections, updates, or releases in connection with the Site. Any material on the Site is subject to change without notice.

1.8 Privacy

Any personal information sent to this Site is subject to the Institute's privacy policy and privacy laws. The Institute's Privacy Policy is incorporated into these terms and applies to all use of this Site.

1.9 Cease or Termination

If you do not agree with these terms of use, you must immediately cease using the Site.

The Institute reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Subject to the Statutory Guarantees, you agree that the Institute shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, the Institute reserves the right to terminate your access to the Site for any reason, and to take any other actions that the Institute, in its sole discretion, believes to be in its interests and those of users of the Site as a whole.

1.10 Jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of New South Wales, Australia, will apply and you agree to submit to the non-exclusive jurisdiction of the courts of that place.

If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction.

2. CONTENT SUPPLY TERMS

2.1 Contributions

By submitting content (including data, text, video, still images, audio or other material) for publication (Contribution), or by agreeing to prepare content for publication, you acknowledge you have read and agree to be bound by these terms and conditions (Contribution Terms).

Contributions must be in accordance with the Contribution Terms, in the format specified by the Institute and submitted within any timeframe agreed with the Institute.

In relation to your Contribution, you warrant that

(a) the Contribution is original and has not been copied from any other source;

(b) to the extent it consists of a review, it is based on your actual experience of the subject matter of the content;

(c) the Contribution complies with any guidelines or policies issued by the Institute in relation to Contributions;

(d) you own all Intellectual Property Rights, including Moral Rights, in the Contribution (and have not, for example, developed the Contribution in your capacity as an employee);

(e) use of the Contribution by the Institute will not:

(i) result in a breach of any law or mandatory code of conduct;

(ii) infringe any person’s rights (including Intellectual Property Rights and Moral Rights);

(iii) defame any person;

(iv) constitute a misuse of any person’s confidential information;

(v) result in you breaching any obligation that you owe to any person;

(vi) mislead or deceive, or be likely to mislead or deceive, users of the Site; or

(vii) otherwise engage in or encourage unlawful conduct;

( f) you are able to lawfully grant the licences in these Contribution Terms; and

(g) you have all necessary licences, approvals, permits and consents to enter into these Terms and perform the obligations under them.

You must make reasonable endeavours to ensure that any Contribution does not contain any factual, typographical or other errors.

You must notify the Institute as soon as possible if you are, or expect to be, unable to submit the Contribution you have agreed to prepare for publication in accordance with these Contribution Terms.

2.2 The Institute’s obligations

The Institute will:

(a) notify you whether the Institute accepts or rejects any Contribution within 14 days of receiving that item. You acknowledge that the Institute will have an absolute discretion to decide whether it will accept or reject any item of Contribution;

(b) if agreed between you and the Institute in writing, pay you any agreed amount for any Contribution that is accepted by the Institute; and

(c) where the Institute uses, reproduces, edits, modifies, publishes, prints or communicates to the public any Contribution, include your name as the author of the Contribution.

2.3 Licence

You grant to the Institute a perpetual, irrevocable, royalty free licence to:

(a) use and reproduce the Contribution in any media throughout the world, including on the Site and the Institute’s other websites and other publications, communications or materials and on third party websites, newspapers and other publications. For example, the Content may be used on the Institute’s site www.lowyinstitute.org or reproduced in a written publication;

(b) permit any person to assist the Institute do any of the things referred to in paragraph (a) above; and

(c) sub-license any of the rights described in paragraphs (a) or (b) to any person in connection with the purposes referred to in paragraph (a) above. For example, the Institute may sub-license these rights to its contractors or service providers who manage the Institutes websites or to third parties who publish your Content on newspapers or their digital sites (for example, where the Institute syndicates its content on a local news website).

The rights granted to the Institute under clause 2.3 are exclusive during the Exclusivity Period and non-exclusive thereafter unless otherwise agreed with the Institute in writing. During the Exclusivity Period, you must not use or reproduce, or permit any other person to use or reproduce, the Content on any media without the Institute’s prior written consent.

The Exclusivity Period is the period commencing on the date of submission of your Contribution to the Institute and ending on:

(a) the date that the Institute notifies you that it rejects your Contribution; or

(b) the date that is 7 days after the date of first publication of your Contribution by the Institute,

as applicable, or such other period as agreed between you and the Institute in writing.

2.4 Edits

The Institute reserves the right to edit or modify your Contribution and publish the edited Contribution in its discretion, subject to the Institute complying with these Contribution Terms. You consent to the Institute identifying you as the author of the edited Contribution. You also consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.

2.5 Opinions

Opinions and other statements expressed by Contributors are theirs alone, not opinions of the Institute 

2.6 Warranty and Indemnity for Contributions

You indemnify the Institute and its Representatives against all losses, damages, liabilities, expenses and costs (including legal costs) suffered or incurred by the Institute or its Representatives, arising out of or in connection with any action, liability, claim, proceeding or suit relating to your Contribution. .

If an action, liability, claim, proceeding or suit relating to your Contribution arises, then without limiting any of the Institute’s other rights or remedies, you must at the Institute’s request provide to the Institute all reasonable assistance, which may include conducting the defence of an Infringement Claim, however you must not settle any  action, liability, claim or proceeding without the Institute’ prior written consent.

2.7 Fees and Payment

If payment of a fee for a Contribution (Fee) has been agreed between you and the Institute in writing, you may invoice the Institute for the Fee following acceptance of the Contribution by the Institute. All invoices must be Tax Invoices in the form required by the Institute from time to time.

The Institute will pay any correctly rendered Tax Invoice (as defined in the GST Act) within 30 days of the end of the month in which that invoice was received subject to the deduction or withholding of any applicable amounts as required by law.

If the Institute disputes the calculation of the Fee set out in any Tax Invoice, then the Institute may withhold payment of the disputed amount until the dispute is resolved, but the Institute will pay all non-disputed amounts in accordance with this clause 2.7.

The Fees payable by The Institute are the total fees payable for the provision of the Contribution. You are responsible for paying any costs and expenses that you incur in the course of providing the Contribution, including any travel and accommodation costs.

2.8 GST

Despite the definition of consideration in the GST law, or unless otherwise expressly stated, the Fee or other sums payable or consideration to be provided under or in accordance with these Contribution Terms are exclusive of GST.

If you or the Institute (the “supplier”) makes a taxable supply under or in connection with these Contribution Terms, the other party will pay to the supplier at the same time, and in addition to the GST-exclusive consideration, an amount equal to the GST payable on that supply.

The supplier will, as a precondition to the payment of GST, give the other party a Tax Invoice.

If an adjustment event arises in connection with a supply made under these Contribution Terms, the supplier agrees to give the other party an adjustment note in accordance with the GST law.

If these Contribution Terms require you or the Institute to pay for, reimburse or contribute to any expense, loss or outgoing suffered or incurred by the other party, the amount required to be paid, reimbursed or contributed by the first party will be reduced by the amount of input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense.

2.9 Withholding tax

If a law requires the Institute to deduct an amount in respect of Taxes from a payment under these terms, then the Institute will:

(a) deduct the amount for the Taxes; and

(b) pay an amount equal to the amount deducted to the relevant Government Agency in accordance with applicable law and give the original receipts to you.

You acknowledge that the Institute is not required to pay an additional amount to you so that, after the deduction is made, you would receive a net sum equal to the sum that it would have received if the deduction had not been made.

2.10 General

These Contribution Terms constitute the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.

You must not sub-contract, assign, novate, transfer or otherwise deal with these Contribution Terms or any rights or obligations under them to anyone without the prior written consent of the Institute.

These Contribution Terms can only be varied by agreement in writing by the parties.

A right may only be waived in writing, signed by the Institute giving the waiver, and no other conduct of the Institute (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the rights.

Nothing in these Contribution Terms will be taken to constitute you as an employee, agent, partner or joint venturer of the Institute nor are you authorised to represent yourself as acting, or to incur any obligation, on behalf of the Institute. The Institute will not make any additional payments, superannuation contributions or provide insurance coverage for you and, to the extent that there is a change in law or that your supply of Content under these Terms is deemed by law to require the provision of such benefits, the Institute will deduct any amounts due to you or required to be paid by the Institute from the Fee.

These Contribution Terms are governed by the laws of New South Wales. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

2.11 Definitions

Government Agency means any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency or entity.

GST has the meaning it has in the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

GST law has the meaning given to that term in the GST Act or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

Moral Rights means any moral rights including the rights described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended and revised from time to time), being “droit moral” or other analogous rights arising under any statute (including the Copyright Act 1968 (Cwth) or any other law of the Commonwealth of Australia), that exist or that may come to exist, anywhere in the world.

Representative in relation to the Institute includes an employee, agent, officer, director, auditor, advisor, partner, consultant, contractor or sub-contractor of the Institute.

Taxes means taxes, levies, imposts, charges and duties (including stamp and transaction duties, but excluding GST) imposed by any authority together with any related interest, penalties, fines and expenses in connection with them except if imposed on, or calculated having regard to, the net income of the Institute.