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TERMS OF USE (TOU) - Please read them

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  • TERMS OF USE (TOU) - Please read them

    General Usage: Friendliness First. Please ensure that your whole post is respectful of the feelings and cultures of all others.
    Consider whether your post is more suited for another forum. See the index page for the full list.
    Assist your readers by making your topic heading as relevant and descriptive as possible.
    Do not post your email address. This could then be used as Spam. Use the PM system (you can include your email in a PM though)

    General Disclaimer:Comments and advice on this forum should be considered as general in nature, and you should always seek expert advice on matters that might affect yours and others safety, liability and insurance cover. These may include, but not be limited to, topics of electrical safety, gas safety, tool and machinery safety and modifications, etc.

    Please Note:Opinions, comments and statements of forum members may not reflect those of the owners/administrators/moderators or host. Any comment, recommendation, or opinion stated on this forum are those of the member alone and have no bearing on the owners/administrators/moderators or host of this forum.


    Photo Forums is an internet forum where members discuss and seek information from other members in relation to Photography and like topics in a family friendly environment. We will do this on a site that is largely free from advertising and in a manner that is suitable for General viewing.

    When you joined Photo Forums, you clicked a button and by doing so you agreed to the following Terms and Conditions of Use:

    1.0 - Overview
    1.1 - Your legal obligation - By accessing Photo Forum (hereinafter: we, us, our, Photo Forum, (photoforums.com.au), you agree to be legally bound by these Terms of Use. If you do not agree to be legally bound by all of the following terms you must not access and/or use Photo Forum.

    1.2 - Jurisdiction - These Terms of Use governing access to, and use of, Photo Forum shall be governed by, construed and enforced in accordance with the laws (Commonwealth and State) in force in the State of Victoria. These laws include, but are not limited to, Commonwealth and State privacy and criminal laws, the Copyright Act 1968, and the Spam Act 2003, among others.

    2.0 - Changes to these Terms of Use
    The Administration Team of Photo Forum (hereinafter referred to as the "Admin Team" or Admin) may change these conditions at any time. Whilst every attempt will be made to inform you of any changes, it is your responsibility to review these conditions regularly as your continued usage of Photo Forum after changes mean you agree to be legally bound by these conditions as they are updated and/or revised. A brief summary of changes made is included at the foot of these Terms of Use.

    3.0 - Material you may NOT post
    You agree NOT to post material or links to web-sites that contain material, that is:
    3.1 - abusive, obscene, divisive or vulgar
    3.2 - defamatory, hateful or threatening
    3.3 - racially motivated
    3.4 - sexually-orientated
    3.5 - Incitement to commit breach of any Commonwealth or State law or regulation.
    3.6 - offensive to reasonable adults
    3.7 - is inappropriate on a family friendly forum
    3.8 - infringes copyright
    3.9 - infringes on right to privacy
    3.10 - denigrates any particular group, incorporated body or individual
    3.11 - false or deliberately misleading
    3.12 - naming companies or products involved in disputes or grievances (naming & shaming)
    3.13 - in violation of any laws be it of your country, the country where Photo Forum is hosted or International Law
    3.14 - posts that the Admin Team, at its absolute discretion, consider to be trolling
    3.15 - considered by the Admin Team to be an ongoing promotion of a competitive website

    Any breach of Clause 3.0, at the sole discretion of Photo Forum, its Owner or Administrators, may lead to you being subject to disciplinary procedures detailed in Clause 4.0 and/or with notification of your Internet Service Provider if deemed appropriate by the Admin Team. The IP address of all posts are recorded to aid in enforcing these conditions.

    4.0 - Breaches of these Terms of Use
    The Admin Team, at its absolute discretion, may decide that a member has breached Photo Forum Terms of Use.Penalties that the Admin Team, at its absolute discretion, may apply are:
    • Immediate and Permanent account deactivation / ban or,
    • Account deactivation/ban for a period that Admin decide is appropriate or,
    • A formal warning or,
    • Removal of offending posts.
    No correspondence concerning such Admin Team decisions will be entered into and no public discussion will take place on any Admin decision.

    5.0 - You are responsible for what you post
    5.1 - In all dealings with Photo Forum or its members, you remain solely responsible for the content of your posts and messages.
    5.2 - You agree to indemnify and hold blameless, this forum and their agents with respect to any claim based upon any post you may make.
    5.3 - In the event of a complaint or legal action arising from any message posted by yourself, we reserve the right to disclose whatever information we know about you.
    5.4 - You agree to waive all rights to legal action against the Owners or Administrators of Photo Forums for anything arising from your membership of Photo Forums.

    6.0 - The information you post
    As a user you agree to any information you have entered to being stored in a database. Except as stated above, this information will not be disclosed to any third party without your consent, but neither Photo Forums nor vBulletin shall be held responsible for any hacking attempt that may lead to the data being compromised.

    7.0 - Your Photo Forums account
    You agree to have only one account at Photo Forums. If you forget your password or username, please contact webmaster@ubeaut.com.au your details it will be sort out for you.

    8.0 - Admin rights to edit
    You agree that the Admin Team of Photo Forums have the right to remove, edit, move or close any post/topic without notice at any time should they see fit.
    If you find a post objectionable then please use the 'Flag link" Found at the bottom of each post.

    9.0 - Posting of Photos
    9.1 -Clause 3.8 prohibits the posting of material that infringes copyright. You must own the copyright, or have permission from the copyright holder for any images you upload to Photo Forums. Uploaded images do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party
    9.2 - All images posted on Photo Forums remain the copyright. of their respective owners.
    You may not use any of the images on Photo Forums for any purpose without the permission of the copyright holder
    9.3 - You may NOT upload any images containing material that is of pornographic nature, illegal, defamatory, threatening, obscene, harmful to minors, promoting racism, hatred or discrimination of any kind. Images may NOT violate child pornography or child sexual exploitation laws.
    9.4 - You may not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
    9.5 - By uploading an image you,
    (1) you grant Photo Forums permission to use the image on Photo Forums promotional handout or newsletter.
    and
    (2) agree to indemnify Photo Forums and hold Photo Forums harmless from any and all claims and expenses, including attorneys' fees, arising from the image and/or your failure to comply with this policy.
    9.6 - If someone has violated your copyright by using a picture that you uploaded then the onus is on you track down and contact that person and not the responsibility of Photo Forums or the forums owner, administrators or moderators.

    10.0 - Politics, Religion restriction
    As a general rule we do not allow discussion of politics or religion because of their contentious nature. At election time we may allow one (1) political thread.

    11.0 - Private Message (PM) service
    11.1 - The Private Message (PM) service at Photo Forums must not be used to harass or abuse anyone.
    11.2 - The Private Message (PM) service at Photo Forums must not be used to promote any other organisation without Admin consent unless you are specifically requested to do so by the member to whom such promotional PM is addressed. Members receiving such PMs unsolicited, should use the 'Falg link'. Found at the bottom of message box
    11.3 - Private Messages (PMs) must remain private. As a general rule, no Private Message (PM) will be made public except where the received PM is in contravention of clause 11.2 above in which case it may be forwarded to Admin using the "Flag Link" button.
    11.4 - Private Messages - Admin rights. Messages posted are not the responsibility of this forum and the Admin Team are not responsible for the content or accuracy of any of these messages.

    12.0 - The Spam Act 2003
    The Commonwealth Spam Act 2003 regulates the sending of unsolicited commercial electronic messages and generally prohibits the sending of such messages. An unsolicited commercial electronic message may include an email or a message sent via Photo Forums Private Message system. The Spam Act 2003 also prohibit the use of address-harvesting software or address-harvested lists for the purpose of sending an unsolicited commercial electronic message.
    The Spam Act 2003 is currently enforced by the Australian Communications and Media Authority (ACMA) and provides penalties of up to $1.1 million for each contravention. Photo Forums reserves the right to refer any possible breaches of the Spam Act 2003 that come to its attention to ACMA or other appropriate law enforcement agency.

    13.0 - Admin Decisions final
    Decisions made by The Admin Team are final. Discussion of Admin decisions on the forum will not be tolerated.

    14.0 - Photo Forums - Privacy Policy
    Your privacy is important to us, and we uphold the National Privacy Principles contained in the Privacy Act 1988.
    As a user you agree that any material published on the forum may be in the public arena and no guarantee of privacy is offered or implied.
    Photo Forums collects and stores Member information only so that the Forum can operate. Member information will not be used in any other way and will not be sold, rented or otherwise imparted.

    Members should however be aware that information they supply in their Profile will be visible to other members and to non-member guests viewing Photo Forums.

    Be assured that Photo Forums will treat your personal information strictly in compliance with privacy legislation

    15.0 - Photo Forums - Advertising Guidelines
    Photo Forums is a forum where members discuss and seek information from other members in relation to photography and like topics and is NOT to be used as a cheap advertising medium for any commercial interest, weather related or not. Blatant advertising in any Forum other than The Market Place is inappropriate and will not be tolerated. Advertising in the wrong area and without permission will result in the add being deleted and the advertiser receiving infractions and losing forum privileges, continued advertising may result in the advertiser being banned from the forums.

    Having said that, Photo Forums does welcome members from the industry and will afford them limited opportunity to publish their offers to members.

    To this end, Photo Forums has developed guidelines for the Admin Team to follow in respect of posts by members who have a commercial interest and/or those members who simply have a personal website. Those guidelines are as follows:
    • All members may include a website address in their Profile.
    • Members with more than 10 posts may also include a website address in their Signature and that website address will then appear in the Signature at the foot of every post they make.
    • Members may include in any post, any website address other than one in which they have some commercial interest so long a it is pertinent to the thread or post.
    • Members with a commercial interest in a website may only advise members of offers, etc with one post in any one of the following forums: ANNOUNCEMENTS, or MEMBERS' BUSINESSES & SERVICES, or SPECIAL DEALS & OFFERS FOR MEMBERS & Guests. Any more than one post or any posts in other forums will be considered as blatant advertising and will be deleted and the member may be banned.
    • The inclusion of logos, trade marks or links to other social media websites such as Facebook, is not permitted.
    • Only one topic may be made in any of the three sub forums however you may reply to your topic as required to update the original post. Admin can assist to correct any errors that you are unable to access.
    • Any member of the Admin Team at his/her absolute discretion, may move a post from general view where that post may breach these guidelines. The Admin Team will discuss the moderated post which and act accordingly when a decision is made. This may take a day or more.
    • Members who are deemed to be 'bumping' posts to keep a company or product in view will be warned once only. This includes 'cross posting' - posting the same or similar post in more than one forum.
    • Members posting in the Trade Centre forums should also read the Forum rules at the head of each forum that are part of these guidelines.
    • Members posting in the Trade Centre forums need to be aware and accept, that other members may reply to your post. The Admin Team accepts no responsibility for negative replies to your post in these forums provided such replies do not breach Photo Forum Terms of Use.
    • Breaches of these guidelines may result in either: a once-only warning via a Private Message and/or email, or, for a serious or repeated breach, in the offending member being banned from the forums.
    The Admin Team are determined to enforce these guidelines with fairness for all. Should you find an instance that these guidelines have not been followed, please report the post by clicking on "Flag Link" Found at the bottom of all posts and messages..

    16.0 - Conditions of Use of vBulletin
    This policy explains in detail how “Photo Forums” (hereinafter: we, us, our, Photo Forum, photoforums.com.au) and vBulletin (hereinafter “they”, “them”, “their”, “vBulletin software”) use any information collected during any session of usage by you (hereinafter “your information”).

    Your information is collected via two ways. Firstly, by browsing “Photo Forums” will cause the vBulletin software to create a number of cookies, which are small text files that are downloaded on to your computer’s web browser temporary files. The first two cookies just contain a user identifier (hereinafter “user-id”) and an anonymous session identifier (hereinafter “session-id”), automatically assigned to you by the vBulletin software. A third cookie will be created once you have browsed topics within “Photo Forums” and is used to store which topics have been read, thereby improving your user experience.

    We may also create cookies external to the vBulletin software whilst browsing “Photo.Forums”, though these are outside the scope of this document which is intended to only cover the pages created by the vBulletin software. The second way in which we collect your information is by what you submit to us. This can be, and is not limited to: posting as an anonymous user (hereinafter “anonymous posts”), registering on “Photo Forums” (hereinafter “your account”) and posts submitted by you after registration and whilst logged in (hereinafter “your posts”).

    Your account will at a bare minimum contain a uniquely identifiable name (hereinafter “your user name”), a personal password used for logging into your account (hereinafter “your password”) and a personal, valid e-mail address (hereinafter “your e-mail”). Your information for your account at “Photo Forums” is protected by data-protection laws applicable in the country that hosts us. Any information beyond your user name, your password, and your e-mail address required by “Photo Forums” during the registration process is either mandatory or optional, at the discretion of “Photo Forums”. In all cases, you have the option of what information in your account is publicly displayed. Furthermore, within your account, you have the option to opt-in or opt-out of automatically generated e-mails from the vBulletin software.

    Your password is ciphered (a one-way hash) so that it is secure. However, it is recommended that you do not reuse the same password across a number of different websites. Your password is the means of accessing your account at “Photo Forums”, so please guard it carefully and under no circumstance will anyone affiliated with “Photo Forums”, vBulletin or another 3rd party, legitimately ask you for your password. Should you forget your password for your account, you can use the “I forgot my password” feature provided by the vBulletin software. This process will ask you to submit your user name and your e-mail, then the vBulletin software will generate a new password to reclaim your account.

    Our forums are powered by vBulletin which is a bulletin board solution released under the General Public License The vBulletin software only facilitates internet based discussions, the vBulletin Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about vBulletin, please see: vBulletin 5 Connect, The World's Leading Community Software.

    You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where Photo Forums is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts/posters is recorded to aid in enforcing these conditions. You agree that Photo Forums have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither Photo Forums nor vBulletin shall be held responsible for any hacking attempt that may lead to the data being compromised.

    -------------------------------

    Summary of Change
    • November 23th 2016 - Reword Terms of Use from Woodwork Forums and Metalwork Forums to be more specific to Photo Forums
    • Change sections 9.0, 9.1, 9.2, 9.3, 9.4 with respect to copyright of photos etc.
    • Add section 9.5 & 9.6
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