Terms of Service

Creative Commons LicenseAcknowledgement. We would like to express our appreciation to the folk at Automattic and WordPress.com. Automattic play a key role in developing and supporting the incredible WordPress software (that powers Rave Websites’ sites and WordPress.com). They also created a sensible set of Terms and Conditions and published them under a Creative Commons Sharealike license, so that we can reuse them here.

Terms of Service

Rave Websites is a business that operates a community of websites including Rave Websites (the “Community”).

The following terms and conditions govern all use of the Community, including all content, services and products available at or through the websites included in the Community.

The Community is owned and operated by Rave Websites (“Rave Websites”), a project operated by Saladin Systems Pty Ltd (an Australian Company). The Community is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Rave Websites’ Privacy Policy) and procedures that may be published from time to time on this Site by Rave Websites (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Community. By accessing or using any part of the Community, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Community or use any services. If these terms and conditions are considered an offer by Rave Websites, acceptance is expressly limited to these terms.

  1. Age. To use this service, you must be 18 years or older. You must register yourself, you may not use a computer, bot or other other automated method to register.
  2. Your Rave Websites Account and Website. If you create a website (with or without a blog) within the Community, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Rave Websites may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Rave Websites liability. You must immediately notify Rave Websites of any unauthorized uses of your website, your account or any other breaches of security. Rave Websites will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  3. Reasonable Resource Usage. You may use a reasonable level of resources (including, but not limited to, web pages, posts, bandwidth, disk and memory), compared to websites for similar small to medium businesses. Rave Websites will determine reasonable usage levels, at its discretion. Getting a burst of attention from a major social network is not, by itself, an unreasonable level of resource usage.
  4. Responsibility of Contributors. If you operate a website or blog within the Community, comment on a blog or post to a blog within the Community, post links within the Community, or otherwise make (or allow any third party to make) material available by means of the Community (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, and does not contain 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);
    • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Rave Websites or otherwise.

    By submitting Content to Rave Websites for inclusion within the Community, you grant Rave Websites a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website. If you delete Content, Rave Websites will use reasonable efforts to remove it from the Community, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Rave Websites has the right (though not the obligation) to, in Rave Websites’ sole discretion (i) refuse or remove any content that, in Rave Websites’s reasonable opinion, violates any Rave Websites policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Community to any individual or entity for any reason, in Rave Websites’s sole discretion. Rave Websites will have no obligation to provide a refund of any amounts previously paid.

  5. Responsibility of Community Visitors. Rave Websites has not reviewed, and cannot review, all of the material, including computer software, posted to the Community, and cannot therefore be responsible for that material’s content, use or effects. By operating the Community, Rave Websites does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Community may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Community may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Rave Websites disclaims any responsibility for any harm resulting from the use by visitors of the Community, or from any downloading by those visitors of content there posted.
  6. Advice. Information available in the Community, either published by Rave Websites or other Community members, should not be used to make business decisions without considering whether formal advice from a qualified business advisor is required. There are many factors unknown to Rave Websites and/or Commuity members that may affect the applicability of Community material to your own circumstances. Before relying on Community material, you are responsible for ensuring, including by independent verification if necessary, its accuracy, currency or completeness. Rave Websites makes no representations – expressed or implied- about the suitability of Community material for any particular purpose.
  7. Competitors. You may not publish, or cause to be published, content (including articles, posts or comments) about competitors that is critical or negative of them.
  8. Content Hosting. Rave Websites operates as an Internet Content Host (ICH) under the Australian Broadcasting Services Amendment (Online Services) Act 1999. Other than its own websites, Rave Websites does not monitor the nature of the content published using its service. Rave Websites keeps backups from time to time for the purpose of being able to restore content should it be lost, but does not keep records of the content. You agree to monitor the content you publish using Rave Websites’ service. You agree Rave Websites may make all necessary arrangements to take down or otherwise modify your content to comply with a directive from the Australian Broadcasting Authority.
  9. Third Party Content. All rights to display third party content on Community websites are reserved by Rave Websites.
  10. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Community websites link, and that link to Community sites. Rave Websites does not have any control over those non-Rave Websites websites and webpages, and is not responsible for their contents or their use. By linking to a non-Rave Websites website or webpage, Rave Websites 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. Rave Websites disclaims any responsibility for any harm resulting from your use of non-Rave Websites websites and webpages.
  11. Copyright and Trademark Infringement. As Rave Websites 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 a Community website violates your copyright, trademark or other intellectual property, you are encouraged to notify Rave Websites. Rave Websites 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 Rave Websites or others, Rave Websites may, in its discretion, terminate or deny access to and use of the Community. In the case of such termination, Rave Websites will have no obligation to provide a refund of any amounts previously paid to Rave Websites.
  12. Domain Names and Trademarks. You may not use, or cause to be used, a domain name for a website that infringes a trademark.
  13. Intellectual Property. This Agreement does not transfer from Rave Websites to you any Rave Websites or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rave Websites or the third party. Some trademarks, service marks, graphics and logos used in connection with the Community may be the trademarks of other third parties. Your use of the Community grants you no right or license to reproduce or otherwise use any Rave Websites or third-party trademarks.
  14. Changes. Rave Websites 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Rave Websites may also, in the future, offer new services and/or features through the 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.
  15. Termination. Rave Websites may terminate your access to all or any part of the Community at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Community website or account (if you have one), you may simply discontinue using the Community. 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.
  16. Disclaimer of Warranties. The Community is provided “as is”. Rave Websites 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 Rave Websites nor its suppliers and licensors, makes any warranty that the Community 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 Community at your own discretion and risk.
  17. Limitation of Liability. In no event will Rave Websites, 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; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Rave Websites under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Rave Websites 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.
  18. Backups. Rave Websites is not responsible for loss of customer data due to server or hardware failure or any other reason. We regularly backup our systems and periodically check the outcome of the backup process, however where data of business value is being stored on an Rave Websites website it is the customer’s responsibility to maintain their own backups of their site and to have plans to continue their business without undue interruption in the event Rave Websites websites are unavailable for any reason. Rave Websites websites include a function that allows you to export your website content at a time of your choosing, and you should keep a copy of all files that you upload to your website.
  19. Security.Rave Websites takes steps to reduce the likelihood of unauthorized access to Rave Websites websites, however Rave Websites does not provide any warranty that it can stop unauthorized access from occurring.
  20. General Representation and Warranty. You represent and warrant that (i) your use of the Community will be in strict accordance with the Rave Websites 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 country in which you reside) and (ii) your use of the Community will not infringe or misappropriate the intellectual property rights of any third party.
  21. Indemnification. You agree to indemnify and hold harmless Rave Websites, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Community, including but not limited to out of your violation of this Agreement.
  22. Miscellaneous. This Agreement constitutes the entire agreement between Rave Websites and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Rave Websites, or by the posting by Rave Websites of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Community will be governed by the laws of the state of Western Australia, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Perth, Western Australia. 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 conditions; Rave Websites may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.