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Terms of Use

Introduction and Acceptance of Terms of Use

@ History (at-history.com.au) is a product sold and owned by Histoire Pty Ltd. This product (web pages) is show-cased and marketed on another site, owned by Histoire Pty Ltd, called australianhistorycurriculum.com.au. @ History offers a wide range of content designed to be used by Australian History students. By using @History (at-history.com.au) and australianhistorycurriculum.com.au, “our websites”, you are agreeing to accept and comply with the terms and conditions of use as stated below (“Terms of Use”), which Histoire Pty Ltd may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that Histoire Pty Ltd may, at its sole discretion, terminate your access to our web sites at any time without notice.

Limited Right to Use

The @History (at-history.com.au) and australianhistorycurriculum.com.au pages are owned and operated by Histoire Pty Ltd. Unless otherwise specified, all Materials on our web sites are the property of Histoire Pty Ltd and are protected by the copyright laws of Australia and, throughout the world by the applicable copyright laws. No Materials published by Histoire Pty Ltd on our web sites, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Histoire Pty Ltd. Materials published by Histoire Pty Ltd are available to an agreed number of students through their school intranet under a 1 year subscription license. The annual license is based on the number of students enrolled in ‘The Making of the Modern World from 1750 to 1918’ (ACARA title) or State Education Department or school systems’ variations of this title. The annual subscription license fee will vary from year to year according to the number of students enrolled in the above course. Teachers and students may access our websites from their home computers using the authorised username and password provided by their school. Provision of this authorised username and password to unauthorised third parties will result in a school’s access to the website being terminated. (See 4. Access to Password Protected or Secured Areas. ) Schools that wish to use our websites for additional students not enrolled in Year 9 History should contact Histoire to make alternative arrangements Apart from the agreed licence restrictions applied when purchasing the product, the use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorised use may violate copyright, trademark and other similar laws.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to our web sites will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Histoire Pty Ltd (“Feedback”) will be deemed, at the time of communication to Histoire Pty Ltd, the property of Histoire Pty Ltd, and Histoire Pty Ltd shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use our web sites to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of our web sites is restricted to authorised users only as per the terms of our end user agreement upon purchase. You will be asked to provide accurate and current information on all registration forms on our web sites. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access our web sites as well as any activity that occurs under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through our web sites.

Monitoring

Although Histoire Pty Ltd is not obligated to do so, it will have the right to review your communications on our web sites to determine whether you comply with our Terms of Use. Histoire Pty Ltd will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Histoire Pty Ltd will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

Links to Other Sites

The linked sites are not under the control of Histoire Pty Ltd and Histoire Pty Ltd is not responsible for the content of any linked site or any link contained in a linked site. Histoire Pty Ltd reserves the right to terminate any link at any time. Histoire Pty Ltd may provide links from our web sites to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. Histoire Pty Ltd. takes no responsibility for non-access to recommended video clips or other web-based content that have been filtered or blocked by third parties. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. HISTOIRE Pty Ltd DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Trademarks

The trademarks, service marks and logos of Histoire Pty Ltd, @History and Australian History Curriculum and others used in our web sites ("Trademarks") are the property of Histoire Pty Ltd and their respective owners. You have no right to use any such Trademarks, and nothing contained in our web sites or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Histoire Pty Ltd or the respective owner.

Indemnity

You agree to indemnify, defend and hold Histoire Pty Ltd harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of our websites.

Limitation of Liability

IN NO EVENT SHALL HISTOIRE PTY LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE OUR WEB SITES OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON OUR WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF HISTOIRE PTY LTD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

Histoire Pty Ltd assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on our web sites. You should not assume that the Materials on our web sites are continuously updated or otherwise contain current information. Histoire Pty Ltd is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT OUR WEB SITES ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Governing Laws

These Terms of Use and conditions will be governed by the laws of the Commonwealth of AUSTRALIA, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia and courts of appeal from them for determining any dispute concerning the Terms of Use.

General

If you have any questions regarding the Terms of Use, please contact Histoire Pty Ltd via our Contact page.

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