Terms of Use

 Acceptable Use

The Administrator reserves the right to remove material if  in the Administrator's view it is contrary these guidelines. Comments/messages should not:

  • interfere with the privacy of others
  • defame any person or breach any other law
  • contain material that may offend, insult, humiliate or intimidate.

The Administrator also reserves the right to block/cancel accounts from the Site if, in the Administrator's view, they have been used contrary to these guidelines

The comments on this site represent a wide range of views and interests of the participating individuals and organisations. The views expressed on this site do not necessarily reflect those of the Australian Human Rights Commission, the Institute for Cultural Diversity or Energetica, or other funding bodies.

The Institute for Cultural Diversity has been developed with the view to increasing the body of knowledge about cultural diversity issues in Australia by creating tools for sharing and collecting information and resources and generating discussion. The material below discusses the sites Terms & Conditions and acceptable content policy, references to 'Institute for Cultural Diversity' encompass appropriate management, staff and site administrators.

The information stored in the Institute for Cultural Diversity will cover all areas of interest and expertise with relation to cultural diversity in Australia and internationally. The Institute for Cultural Diversity invites and encourages participation from all organizations, academics and individuals with an interest in cultural diversity and the issues highlighted on the site to share information, professional practice and ideas.

The site has been designed and developed to allow and encourage debate on issues, programs, policy and resources relating to cultural diversity. Content may be moderated by an Institute for Cultural Diversity Moderator before it is posted on the website. The approach of the management of the Institute for Cultural Diversity to site moderation is one that balances freedom of participation and control of content; passion and professionalism; argument and debate. Reasons for refusing publication may include (but are not limited to) incidences of: flaming, profanity, advertising, spam, illegal and inappropriate material (e.g. inflammatory, offensive etc), defamation, disclosure of private, confidential or copyright information or intellectual property, or trolling.

User Names

The Institute for Cultural Diversity supports and encourages the use of a pen name or pseudonym or handle as a login name for users. Applicants must not intentionally use the name of another living person.Full name and contact details will be required at registration.

The Institute for Cultural Diversity may refuse or request name changes to registration applications when suggested login names are considered inappropriate, or the same login name already exists. Grounds for refusal may include: offensive or abusive content; obscenity; defamatory content; contempt; incitement; copyright infringement;  brand names or registered trademarks; company or organisation names; names of high-profile or public figures; or names promoting political, religious, social or economic issues.

The Institute for Cultural Diversity reserves the right to refuse suggested login names at its discretion.

The Institute for Cultural Diversity will not accept any registration that it suspects is being made by or on behalf of a registered user who has been suspended for violation of these conditions of use.

Appropriate Site Content Submissions

The Institute for Cultural Diversity intends to create a positive space where people are able to publicly contribute their views to this site without fear of abuse, harassment or exposure to offensive or inappropriate content.

When contributing your views to this blog, please ensure that you:

  • post material that is relevant to this site;
  • provide appropriate references and credit relevant authors and organisations;
  • protect your personal privacy and that of others by not including personal information about yourself or about others in your posts, (such as names, email addresses, private addresses, phone numbers or other identifying information); and
  • represent your own views and not impersonate or falsely represent any other person;

Please do not abuse, harass or threaten others and do not post or submit anything which:

  • racially or religiously vilifies others,
  • incites, induces, aids, assists, promotes, causes, instructs or permits violence, discrimination, harassment, victimisation or hatred towards others,
  • is likely to offend, insult, humiliate or intimidate others, particularly on the basis of their sex, gender identity, race, colour, descent, national origin, nationality, religion, ethnicity, gender, age, sexuality or any disability;

In addition:

  • do not make defamatory or libelous comments;
  • do not use insulting, provocative, hateful, obscene or offensive language;
  • do not add material that will provoke or cause disruption by being deliberately inflammatory or controversial (also known as trolling or flaming);
  • do not post material  that infringes the intellectual property rights of others;
  • do not post multiple versions of the same view to the blog; and
  • do not promote commercial interests in your posts.

Any breaches to appropriate site content submissions will be considered a breach of the sites Terms & Conditions.

Institute for Cultural Diversity Management Response to T&C Breaches

The Institute for Cultural Diversity has three key methods for responding to issues arising and action taken will be at the discretion of the Institute for Cultural Diversity

  1. Edit, refuse or remove a post or submitted content;
  2. Contact the Registered User directly; and/or
  3. Restrict or remove user access.

Users breaching the terms and conditions may only be given one warning before user access is restricted or removed. Where a user is suspected of being a spammer they can have their access removed and restricted immediately.

The restriction or removal of user access will be at the sole discretion of the Institute for Cultural Diversity in accordance with the Terms and Conditions and policies of the site. Management of issues may be reviewed by a panel overseeing Institute for Cultural Diversity operations and their decision on matters arising is final.

Any gross violation of site Terms and Conditions or any other Institute for Cultural Diversity policy may result in the banning of source IP numbers. This is at the discretion of site administrator/s.

Breaches of Terms & Conditions

The Institute for Cultural Diversity website is a resource accessible to any person with an interest cultural diversity and its related issues. All users have a right to feel safe and comfortable using this website. The website has a set of content and user standards to produce a dynamic, interactive and usable website. Where the standards or site Terms and Conditions are breached User Registration will be deactivated.

People who object to or have concerns about content, posts or information on the site can freely contact the Institute for Cultural Diversity. All information and discussions will be confidential.

User Response to T&C Breaches

There are two key ways for a user to report misuse or inappropriate postings on the Institute of Cultural Diversity site.

  1. Report the post – click on report post link – the post information will be sent directly to a moderator; or
  2. Contact the Institute of Cultural Diversity directly with your concerns.

Practices such as flaming and trolling are deliberate attempts by the perpetrator to provoke a reaction and this practice should be ignored and reported. This is not an appropriate forum to engage in hostility and being drawn into an argument or a reaction may see both sides breaching the sites Terms and Conditions.

Where a user suspects or identifies a disclosure of private, confidential or copyright information or intellectual property they must contact the Institute for Cultural Diversity immediately. It is often difficult for moderators to ascertain if material is protected and we receive material from people who have agreed to upholding the site Terms and Conditions in good faith.

Acceptance of Terms

The Institute for Cultural Diversity (“the Institute” or “CulturalDiversity”) provide this website (the "Site") and any services available on the Site (each, a "Service") to you subject to the following terms and conditions ("Terms"). These Terms constitute a binding legal agreement between you and the Institute regarding your access and use of the Site and any Service. Please read this Agreement carefully. By accessing or using the Site or a Service, you accept these Terms and any modifications that may be made to the Terms from time to time. If you do not agree to any provision of these Terms, you should not use the Site or any Service.

Description of Services


Through its Site the Institute provides you with access to a rich variety of resources, including tools, download areas, documents, communication forums and event information (collectively, "Services").

The Institute reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that The Institute shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

1. Privacy Policy


We believe strongly in providing you notice of how we collect and use data, including personally identifiable information, from the Site. Therefore, we have adopted a Privacy Policy, linked from the bottom of each page of this Site, to which you should refer to fully understand how we collect and use information. You understand that through your use of this Site or the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

2. Proprietary Rights; Limited License


Unless otherwise indicated, all Site materials, including, without limitation, The Institute's logos, and all text, designs, graphics and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of The Institute or its contributors or licensors. Subject to these Terms, The Institute grants you a limited license to make personal, informational, non-commercial use of this Site. You may view and electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for personal, informational, non-commercial use only. Any other use of this Site or the materials contained herein without the prior written permission of The Institute is strictly prohibited, including, without limitation: (a) any resale or commercial use of this Site or its content or Services; (b) the retransmission, rebroadcasting or other distribution, display or publication of any information contained in this Site or the Services; (c) making derivative uses of this Site and its contents, including the Services; (d) use of any data mining, robots or similar data-gathering or data-extraction methods; (e) downloading (other than the page caching) of any portion of this Site or any information contained on this Site, except as expressly permitted on this Site; or (f) any use of this Site or Services other than for their intended purpose.

Content described in this Site may also be subject to other intellectual property protection as well, and all rights therein are reserved by The Institute or its licensors. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark or other proprietary right of The Institute or any third party. All information provided by The Institute on this Site is the sole and exclusive property of The Institute or its contributors or licensors.

3. Notice Regarding Documents Available on this Site; Permission Notice

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this Site is granted, provided that (1) the below Copyright Notice (see last section of these terms and conditions) appears in all copies and that both the Copyright Notice and this Permission Notice (this entire section) appear; (2) use of such Documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media without permission of the copyright holder; and (3) no modifications of any Documents are made without permission of the copyright holder. Elements of the Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Site may be copied or retransmitted unless expressly permitted by The Institute.

THE INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE INSTITUTE, AND/OR ITS RESPECTIVE SUPPLIERS, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, TORT (WHETHER NEGLIGENCE OR OTHER TORTIOUS ACTION) OR OF ANY OTHER NATURE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ITEMS(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

4. Account, Password and Security for Registered Users


For certain of the Services, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Institute of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Institute cannot and will not be liable for any loss or damage arising from your failure to comply with this section or relating to passwords or account designations generally.

5 . Claims of Copyright Infringement


The Institute respects the intellectual property of others, and we ask our users to do the same. The Institute may, in appropriate circumstances and in its sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact the Institute.

6. User Content; Forums and Interactive Areas


This Site includes discussion forums or other interactive areas, including chat rooms, blogs, bulletin boards, or areas where you may post materials for other users to see ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Area, you agree not to post, upload, input, provide, submit, transmit, distribute or otherwise publish through this Site any of the following:

  • Any message, data, information, text, graphics or other material ("Content") that is false, misleading, unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, racially or ethnically offensive, or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you own all necessary rights, or have permission from the rightful owner(s) of the Content, to grant The Institute all of the license rights granted in these Terms;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam, without the express written permission of The Institute;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, personal access numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • Content that, in the sole judgment of The Institute, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or that may expose The Institute or its users to any harm or liability of any type.


The Institute takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or (without limitation) for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. Information posted in any Interactive Area should not be considered authoritative and cannot be guaranteed as to accuracy. As a provider of interactive services, The Institute is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page or other Interactive Area.

You understand that during your use of any Site or Service you may be exposed to content that is offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against The Institute arising out of your use of any Site or Service. Although The Institute has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, The Institute reserves the right, and has absolute and sole discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Any use of the Interactive Areas or the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas and/or the Site.

7. Feedback

If you provide feedback to us regarding the Site or a Service you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you waive any "moral rights" in the feedback and you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

8. No Unlawful or Prohibited Use


As a condition of your use of this Site, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any The Institute server, or the network(s) connected to any The Institute server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any The Institute server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

9. Hyperlinks

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray The Institute or any of its Services, products or other services in a false, misleading, derogatory or otherwise defamatory or objectionable manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any The Institute trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without The Institute's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of The Institute or any third party.

The Institute makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Sites accessible by hyperlink from this Site, or web sites linking to this Site. The linked sites are not under the control of The Institute and The Institute is not responsible for the content or privacy policy of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Institute is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by The Institute of the site or any information contained therein.

10. Third Party Content & Services

The Institute may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. The Institute does not monitor nor does it have any control over any Third Party Content or third party Sites. The Institute does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Institute does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

11. Disclaimer


THIS SITE AND THE SERVICES, AND THE MATERIALS IN THIS SITE OR IN THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, CURRENT, OR ERROR-FREE, OR THAT THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. THE INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Institute reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, Services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Institute.

12. Limitation of Liability

IN NO EVENT SHALL THE INSTITUTE, OR ITS OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE INSTITUTE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE INSTITUTE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INSTITUTE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE INSTITUTE FOR ACCESS TO OR USE OF THIS SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

13. Indemnification


You agree to defend, indemnify and hold harmless The Institute, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of your use of the Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against The Institute and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.

14. Applicable Law and Venue; Statute of Limitations


Any claim or cause of action arising out of or related to use of the Site, the Services or the Terms will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Sydney NSW Australia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Services or the Terms must be made within one (1) year after such claim or cause of action arose or be forever barred.

15. Modification & Amendments


The Institute reserves the right to amend at any time any policies governing this Site, including these Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on this Site. If you do not agree with any amended term, you must cease using this Site and all Services.

16. Termination


Notwithstanding any of these Terms, The Institute reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site. These Terms may not be otherwise amended except in a written document signed by The Institute.

17. Waiver; Severability; No Third Party Beneficiaries


No waiver by The Institute, whether express or implied, of any provision of these Terms shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms; nor shall The Institute be estopped from enforcing any provision of these Terms, except by written instrument executed by The Institute. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that, except as may otherwise be expressly provided herein, there shall be no third party beneficiaries to these Terms.

18. Copyright Notice


These terms and conditions have been created through rigorous research and combine the best practice of a number of organisations. The Institute makes no claim to copyright in these terms and conditions. Copyright held in individual materials uploaded to the Site by registered users, and other materials for which copyright holders exist, including amendments to public use software such as Joomla! applied to the site, remain the property of the original copyright holders.

 

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