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Storm Centre Terms & Conditions

Thank you for visiting the Ergon Energy Storm Centre Gallery (Gallery). Please review these Uploading Terms and Conditions (Terms) to better understand how you may post your content to this Gallery, as well as what Ergon Energy considers acceptable and unacceptable content, comments, captions, photographs, profile or other materials, including your name, town and country (collectively, your Content).

It is within our complete discretion whether we use your Content on the Gallery. By directly uploading your Content to the Gallery, you acknowledge and agree that you and your Content are subject to these Terms, the Gallery''s Content Guidelines and Requirements and Ergon Energy’s Privacy and Security Statement and all applicable laws and regulations, including those regarding copyright, trademark, publicity and other intellectual property rights.

General

  1. Gallery

    The purpose of this Gallery is to showcase Content that illustrates warnings, storm preparation, storm activity, Ergon Energy’s works associated with storm activity, clean-up efforts, damage to property and/or electrical infrastructure and the like, in respect of, or as a result of, storm activity in Queensland. If you upload your Content directly to this Gallery it may become a part of the artwork that resides herein.  We reserve the right, in our sole discretion, to determine which Content to include on this Gallery.  We invite you to submit Content directly to and view the Content posted on this Gallery.  We are truly excited to see the product of your creativity, but please keep in mind that this is a public forum and you are legally responsible for all of your Content.  Furthermore, if we decide not to include your Content, please do not email us asking for an explanation as to why.  There is limited space on this Gallery and only certain pieces of Content will be included.  We appreciate your participation on this site and hope you will not be disappointed if we do not include your Content.
  2. Uploading Content

    You must not upload any Content to this Gallery if doing so could prejudice any legal proceedings that you are aware of and that are currently active, or if doing so would breach these Terms.  You must not try to bypass any protections we have instituted for the security and operation of this Gallery.

    Copyright
    To be eligible for inclusion on this Gallery, any Content you upload must be your own original work or you must own the intellectual property rights in the content.  If your Content is a photograph or video, you must have taken the picture or video yourself or own the copyright in the photograph or video.  You must not upload Content that you have copied from somewhere else or that otherwise infringes a copyright or any other third party rights.  If you do upload Content that infringes another’s copyright or other intellectual property rights, we may, in our sole discretion, refuse to include the Content on this Gallery, remove the content and/or disable and/or terminate your ability to upload Content to this Gallery.

    License
    Notwithstanding any other provision of these Terms, you retain any copyright you may have in the Content.  By uploading material to this Gallery, you grant us, and our third party service providers who assist us in the collection of the Content, a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, transferable, worldwide license to use, copy, edit, adapt, publish, translate, display, create adaptations from, make available, communicate and distribute the Content, in whole or in part, and/or to incorporate it in other works in any form, media or technology now known or later developed, for purposes including, without limitation, advertising, marketing and promotional purposes.  By uploading Content to this Gallery, you warrant that you have the right to grant this license.  To the extent permitted by law, you waive any moral rights you have in the Content.  For example, your right to be identified as the author of the material, or to object to derogatory treatment.

    You agree that: (i) you own the Content that you upload to this Gallery, or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on this Gallery does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees and any other monies owed by reason of Content you upload to this Gallery; and (iv) you are at least eighteen (18) years old and have the legal right and capacity to agree to the Terms.

    Consent
    By submitting your Content to this Gallery, you acknowledge and give your consent to Ergon Energy, and its third party service providers that provide Content collection services, that your Content, including your name and likeness if it appears in your Content, and the name and likeness of anyone else shown in your Content may be featured on the Gallery, and be used to promote, advertise or link through to Ergon Energy products and services.  If your Content includes an image of, or reference to an individual, before you upload your Content you must ensure that the individual in your Content willingly consents to the possibility of appearing on this Gallery.  You should obtain the permission of any such individual to be included in your Content and appear on this Gallery.  You should send each such individual a link to this Gallery and these Terms.  It is also important that you explain to each such individual that others on the Internet may view or “Share” the Content.

    Your Content must not identify, reference or depict any company other than Ergon Energy, any other company’s brands, products or services, any commercial or corporate advertising (which may include corporate logos, brand names or slogans), or any recognisable branded products or commercial artwork, except for a use that, as determined solely by us, is incidental, in the background, and/or not the focal point or primary content of your Content.  

    Photographic Content Quality and Style
    If your Content is a photograph, please ensure it is high quality. Photographs that are grainy, blurred or otherwise difficult to discern are unlikely to be selected.  We reserve the right to modify photographs in our sole discretion.  Such modification may include cropping or blurring out of individuals or brands.
  3. Limitations on Use of Gallery

    Please keep in mind that you must not use this Gallery for:
     
    • Any commercial purpose without our prior express permission. This includes any advertising, solicitation or other promotion of your products or services.
    • Any sponsorship, petition, campaign, scheme, investigation or chain message.
    • Any impersonation of someone else.

    Unless otherwise stated in these Terms, you must not directly or indirectly: (i) copy, download, store, make available, distribute, sell or offer to sell all or part of the Content on this Gallery or the site itself; or (ii) download or otherwise copy any Content, files or data from this site to make or populate a database or publication of any kind whatsoever.

    You must not abuse our reporting or contact functionality by making malicious or false reports.  

  4. No inflammatory or offensive Content

    Your Content must not be:

    • Defamatory, false or misleading;
    • Insulting, threatening or abusive;
    • Obscene or of a sexual nature;
    • Offensive or discriminatory in any way, including against any religions or other groups;
    • Likely to cause someone alarm, anxiety or distress; or
    • Likely to encourage or incite violence or hatred of any kind, including racial or religious hatred.    
  5. Don’t share confidential or private information

    You must respect people’s privacy at all times and must not include confidential or private information in your Content or otherwise submit such information to this Gallery. Examples of confidential or private information are details of an individual’s private life, email or physical addresses, telephone numbers or any other contact information of any person. Before posting anything to this or any other site, please keep in mind that after you post information on the internet you have no control over it.  
  6. No linking

    You must not insert links to any websites (URLs). We are not liable or otherwise responsible for any content on a third party site or resource. If there are links to other sites or resources provided by third parties on this Gallery, they are provided solely for your information and you access them at your own risk.
  7. How we may use your Content

    We may publish, review, modify or remove all or part of your Content at our sole discretion. We are not obligated to do any of the aforementioned things, and we may refrain from doing so at our sole discretion.

    Some examples of what this Section allows us to do are listed below.

    • We may publish your Content, in whole or in part, for as long as we decide makes sense. However, in the event you change your mind and ask us to remove all or select portions of your Content, we will promptly comply with your request.
    • We may remove your Content at any time, either in whole or in part, even if you have not violated these Terms.
    • We may only use your Content, either in whole or in part, to promote our products or services in our advertisements or other publications after we have received your explicit permission.
    • We may edit your Content as we deem appropriate.
    • Please note that despite our best efforts, we may not monitor, review, moderate or see all content to this Gallery before it appears on this Gallery; therefore, some of our actions may be corrective in nature.

  8. Reporting non-compliance with the Guidelines

    We want to ensure that you have an enjoyable experience each time you visit this Gallery. If during a visit you notice Content that you believe violates the letter or spirit of the Guidelines, please notify us at web.team@ergon.com.au
  9. Content removal

    Removal by Us
    You acknowledge that we may remove Content from this Gallery at any time for any or no reason, without notice. Additionally, if your Content violates the Terms we may remove it (or, if assessed in advance, not publish it in the first place). If we remove Content, we will generally remove it in its entirety. Therefore, even if only one element is objectionable, the entire piece of Content will typically be removed (or not published). We may also remove an entire thread of Content or a profile, even if only one piece is inappropriate.

    If your Content happens to be removed, we hope you understand that we may have done so for any number of reasons. As discussed above, we will usually remove Content that breaks these Terms. We may also remove items that are the subject of an abuse report. Sometimes Content may be removed even if it does not violate the Terms if it is connected to another piece of Content that is being removed. If we are properly notified of a complaint, we may have to remove Content to comply with various applicable laws.

    Although we may not do so in every instance, we may email you to let you know that we have removed your Content. We may also notify you in the event your use of this Gallery has been suspended or if you are prohibited from uploading any additional Content.

    As discouraging as it may be to have your Content removed, you must not deliberately repost Content we have previously removed.

    Removal by You
    We respect your right to privacy. Therefore, if you wish to have your Content removed from the Gallery, please send your email address to web.team@ergon.com.au . By submitting this information, you certify that you are the owner of the Content you are requesting to be removed from this Gallery. Please allow 3-4 business days for your Content to be removed.
  10. Personal information

    By uploading Content to this Gallery, you acknowledge and agree that we may collect, store, use and publicly disclose the personal information that you include in the Content, if any. We will use any personal information you submit in connection with your use of this site in accordance with Ergon Energy’s Privacy and Security Statement, which forms part of these Terms. By using this site, you confirm that you have read and agree to that privacy policy.
  11. Limitation of liability

    Ergon Energy’s liability is limited as outlined below.
    1. The information contained on this Gallery, or otherwise on this site, does not constitute advice. You should perform your own research on any information contained on this Gallery, or otherwise on this site, and use your own best judgement before acting or refraining from acting on the basis of what you observe.
    2. Except for liability for fraudulent misrepresentation or deliberate breach of these Terms by us, we are not liable for:
      1. any action you may take as a result of relying on any information provided on this Gallery, or otherwise on this site, or for any loss or damage suffered by you as a result of you taking such action.
      2. any dealings you have with third parties that occur using or are facilitated by this Gallery, or otherwise by this site, (including, without limitation, other users, advertisers or businesses).
      3. any liability for losses that are not foreseeable or a likely consequence of (1) your use of this site; or (2) a breach by us of these Terms.
    3. We are not liable or otherwise responsible for your inability to access this site properly, or at all, due to any event outside of our control (including, without limitation, the performance of your or our ISP, your browser or the Internet).
    4. This site must use software in order to function. Software has bugs occasionally. Although we will monitor this site and try to promptly fix any such bugs, we cannot and do not guarantee that this site or any individual feature of this site, including without limitation the Gallery, will be error free, provided without interruption, and/or free from viruses.
  12. Validity of these Guidelines

    If any part of these Guidelines is found to be unlawful or unenforceable, the unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Guidelines shall remain in full force and effect.
  13. Amendment of Guidelines

    We may update these Guidelines from time to time so please be sure to come back and read through them each time you visit this site. Any updates to these Guidelines will take effect as of the time of posting to this site, or such later date as may be specified in the updated Guidelines, and will apply to your use of this site from that point forward. You may wish to print a copy of these Guidelines for future reference.
  14. Terminology

    The terms "Ergon Energy", "we", "our", and any related terms are used for convenience to refer to Ergon Energy Corporation Limited and/or one or more of its affiliates or subsidiaries.
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