Terms

Pestpoint Terms of use

(last updated January 20th, 2014)

By using Pestpoint (www.Pestpoint.org.au)and all content, services and products available at or through the website (taken together, the Website), you agree to these Terms of Use. If you do not agree, please do not use the Pestpoint website site. We may need to change these Terms of Use from time to time. If you disagree with a change to the Terms of Use, do not use the site.

Please read these Terms of Use (collectively known as an Agreement) carefully before accessing or using the website. Terms of Use form the legally binding agreement between you, Pestpoint and/or the content provider. By accessing or using any part of the website, you agree to become bound by these terms and conditions of this Agreement. If you do not agree to all the terms and conditions in this Agreement, then please do not access the website or use any services.

Acceptable use and behaviour

Communities work best when they are supported. We hope that Pestpoint will offer individuals the kind of supportive environment that you would find in any local or professional society. Please make every effort to be friendly, helpful and supportive of other users on this website.

Photos, observations and comments for all types of biodiveristy, especially from Australia, are very welcome on the Pestpoint website with several precautions/exceptions:

  1. You may not use Pestpoint for any unlawful purpose, or to infringe the rights of others on the site;
  2. You may not use Pestpoint to harass, distress, or inconvenience anyone;
  3. You may not post information to Pestpoint that is libellous, abusive, defamatory, obscene, contains threats or incites violence towards individuals or entities, or otherwise offensive or objectionable and violates the privacy or publicity rights of any third party;
  4. You may not post content that is spam (machine or randomly-generated contents) or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  5. You may not use Pestpoint for advertising or for promotion of commercial products;
  6. Your uploads should not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  7. Your login is not named in a manner that misleads your readers into thinking that you are another person or company.

Pestpoint reserves the right to remove any material posted on the website that may be considered unsuitable for any reason, at any time. Pestpoint also reserves the right to exclude anyone from using the Pestpoint website if they have posted material contrary to these Terms of Use.

If you see something on the Pestpoint website that is not acceptable, please report it using the 'Report content as inappropriate' link

Your content and information

You can use Pestpoint to create/manage groups and projects, to upload content (images and text) and to be active with comments and forums. By using Pestpoint you are saying:

  • You agree that you are participating and submitting content in good faith and that any content you contribute is your own or if you are not the content owner, you must have permission from the owner prior to making a contribution,
  • You agree that any content you contribute will be used for the purposes of running and maintaining the site and associated mobile applications,
  • Content that you access through Pestpoint is provided and accessed under certain licences to use the Content – such as Creative Commons licences.and,

Your content will always remain yours and you can ask us to delete it at any time. Back-up copies will remain in the Pestpoint website databases for quite some time, but will not be accessible to the public. Your content and information remains yours, including your photos and the text you type. You are free to make the information available to others at any time you wish. However your content may be shared at the discretion of the Pestpoint administrator under conditions where statutory regulations apply, as in the case of exotic pest notifications.

Your personal information

The information you upload to the Pestpoint website, can be viewed only by yourself and others in your network depending on their level of permissions. Basic network members can only view their own records and no-one elses records. In some cases, specific pest identification enquiries may be shared with specialists outside the network in order to obtain a diagnostic opinion. . By putting personal information on the site, you agree to it being available in this way. You can change or delete your personal information yourself at any time, by editing your profile.

The first exception is your email address. Pestpoint will store this so that it can operate the site and contact you when needed about this site. Pestpoint will never pass it on to anyone for marketing purposes.

The second exception is your IP address, a number which identifies the computer you use to access the site. Pestpoint stores this in order to track usage of the site, and monitor abuse of the site.

The third exception is your password. For security, Pestpoint does not store your password, but instead stores an encrypted version of it. This means that Pestpoint cannot read your password, and cannot pass it on to other people.

Pestpoint will not make your email address, IP address or password available to anyone outside of the team operating the site, unless required to by law.

Pestpoint uses Google Analytics, which captures information about the use of the site, to help us monitor and improve it. None of the information captured by Google Analytics is personally-identifiable information - that is, nothing that can identify you as an individual is stored.

Privacy and safety

Pestpoint is to be an open and safe place. If you are under 16, you should have your parent or guardian's permission to use the site, and talk to them about staying safe online.

Your activity in Pestpoint can only be viewd by yourself and members of your networks and any experts who are invited. Pestpoint very strongly suggests that you do not post any information that would identify you personally to the site, including your full name, your home address, telephone number (landline or mobile), email address, or school.

Using information on the site

The rights of material uploaded by users to the Pestpoint website are owned by those users. Each user will nominate the type of license that can apply to their content – Pestpoint encourages the Creative Commons License but users have the right to deny use of their content. Please respect the license wishes of the user’s content.

Our responsibility to you

Pestpoint will do our best to continue to provide website, to make sure that all users abide by these terms, and to make sure that the site is safe to use. However, we can't guarantee this.

In particular, identifications and other information are provided by members of the Pestpoint website community in good faith, but Pestpoint can’t guarantee their accuracy.

Pestpoint excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the web site or any of its contents. We will not be liable for any damages (including without limitation damages for loss of profit, revenue or anticipated savings) arising in contract, tort or otherwise from the use of or inability to use the web site or any of its contents or from any action taken (or refrained from being taken) as a result of using the web site or any such contents. We make no warranty that the contents of the web site are free from infection by viruses or anything else which has contaminating or destructive properties.

Here are the legal terms of Pestpoint’s responsibilities:

Content Posted on Other Websites. Pestpoint has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Pestpoint links, and that link to the Pestpoint website. Pestpoint does not have any control over those non-Pestpoint websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pestpoint website or webpage, Pestpoint does not represent or imply that it endorses such website or webpage. 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. Pestpoint disclaims any responsibility for any harm resulting from your use of non-Pestpoint websites and webpages.

Copyright Infringement. As Pestpoint 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 Pestpoint violates your copyright, you are encouraged to notify the Pestpoint team and we will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Pestpoint may, in its discretion, terminate or deny access to and use of the Pestpoint website.

Intellectual Property. This Agreement does not transfer from Pestpoint to you any Pestpoint or third party intellectual property, and all rights, title and interests in and to such property will remain (as between the parties) solely with Pestpoint. All trademarks, service marks, graphics and logos used in connection with Pestpoint, or the Pestpoint website are trademarks or registered trademarks of Pestpoint or Pestpoint’s partners.

Changes. Pestpoint reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Pestpoint website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pestpoint may also, in the future, offer new services and/or features through the Pestpoint website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Pestpoint may terminate your access to all or any part of the Pestpoint website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pestpoint account, you may simply discontinue using the Website. 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.

Disclaimer of Warranties. The Pestpoint website is provided “as is”. Pestpoint 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 Pestpoint nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Pestpoint website at your own discretion and risk.

Limitation of Liability. In no event will Pestpoint, 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 or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Pestpoint 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.

General Representation and Warranty. You represent and warrant that (i) your use of the website will be in strict accordance with the Pestpoint Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Pestpoint, its contractors, and its licensors, and their respective staff from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to out of your violation of this Agreement.

Source Code. You agree to indemnify and hold harmless Pestpoint, its code contributors, its contractors, and its licensors, and their respective staff from and against any and all claims and expenses, including attorneys’ fees, arising out of the publishing of Pestpoint’s source code or the acceptance of code contributions from outside parties.

Miscellaneous. This Agreement constitutes the entire agreement between Pestpoint and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized member of the Pestpoint team. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws applicable to the State of Victoria, Australia. No delay, neglect or forbearance on the part of Pestpoint in enforcing these Terms of Use, the Privacy Policy or the Additional Terms will be, or deemed to be, a waiver of, or otherwise prejudice, any of our rights. 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 condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.