Welcome to the terms and conditions for elliottbledsoe.wtf

Introduction

  • Use of the website – These terms and conditions apply to the use of the elliottbledsoe.wtf website, including the use of the information services and other services available on this website and making contributions to the website. They set out our relationship with you, what we expect from you and what you can expect from us as you interact with the website.
  • Other conditions – These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

Terminology

  • Parties – In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Agentry ABN 66 583 859 591 as the proprietor of the elliottbledsoe.wtf website. “You” is a reference to you as a user of the website (either a registered user or a member of the public viewing the website).
  • The website – “The website” or “this website” means the elliottbledsoe.wtf website unless stated otherwise.

What you can expect from us

  • Offered in good faith – We offer the website and associated information and services to you, as is, in good faith.
  • Respectful, safe and enjoyable – To the extent we can we want to create a respectful, safe and enjoyable environment for everyone. In doing so we require users comply with basic rules of user conduct (see What we expect from you below).
  • Communicating with you about the website – We may send you notifications, service announcements and other information about the website from time-to-time. These are not communications messages but relate to the operation of the platform. For more information see Privacy below.
  • Amending these terms – We reserve the right to amend these terms of use from time to time. Amendments will be effective at a time specified in the notification to users. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
  • Notification of amendments – If we make material changes to these terms of use or the privacy policy below we will provide you with reasonable advance notice and an opportunity to delete your account before the new terms come into effect.

What we expect from you

  • Engaging with other users – Many functions of the website allow users to interact with one another. We want to create a respectful, safe and enjoyable environment for everyone, which means that you must follow these basic rules of user conduct:
    • You must comply with any and all applicable laws.
    • You must respect the rights of others, including their privacy and intellectual property rights.
    • You must not engage in harmful behaviour, including:
      • Being abusive.
      • Bullying, harassing, intimidating or stalking others.
      • Inflicting harm to others or yourself.
      • Threatening harm to others or yourself.
      • Misleading others.
      • Defrauding others.
      • Defaming others.
      • Behaviour that interferes with or disrupts the website.
  • Reporting abuse – If you believe that others have not following these rules you can contact us to report abuse.
  • Use for lawful purposes only – You must only use the website for lawful purposes.
  • Suspension or removal from the website – The permission that we give you to use the website continues as long as you meet your responsibilities in these terms. If you have infringed these terms we may, at our sole discretion, suspend access to your account for a period of time or remove your access to your account permanently. Permanent removal is likely where you egregious or repeatedly breach these terms.
  • Notification before suspension or removal – Before suspending or removing your access for a breach of these terms we will notify you of this intention within a reasonable timeframe, describe the reason for our action and give you an opportunity to respond and/or address the issues related to the breach. Such notification will only not be issued where we reasonably believe that doing so would:
    • Break a law.
    • Contravene a court order.
    • Compromise a law enforcement investigation.
    • Cause harm to another user, a third party or us.
    • Compromise the operation, integrity or security of the website.

Content on the website

  • Your content & IP – Aspects of the website allow you to upload and store your content on the website. You have no obligation to provide any content to our services (other than a name and an email address). You are free to choose the content that you want to contribute. Your content remains yours. You remain the owner of all intellectual property rights in your content including (but not limited to):
    • Your profile photo.
    • Your biography.
    • Your media contributions (images, video and audio files) uploaded to your profile and/or to any Group, Event, Action or Report on the website.
    • Comments you have made on the website.
  • Notification before suspension or removal – Before suspending or removing your access for a breach of these terms we will notify you of this intention within a reasonable timeframe, describe the reason for our action and give you an opportunity to respond and/or address the issues related to the breach. Such notification will only not be issued where we reasonably believe that doing so would:
    • Content the publishing of which constitutes an infringement of another party’s copyright.
    • Defamatory content.
    • Content discriminating against and/or vilifying others on the grounds of race, religion, sexuality or gender.
    • Content inciting violence.
    • Content advocating the committing of a terrorist act.
    • Sexually explicit adult material e.g. pornography.
    • Image-based abuse (IBA) occurring through non-consensual sharing of intimate images ‘revenge porn’.
    • Online child sexual abuse material.
    • Confidential commercial or business information and trade secrets.
    • Protected government data e.g. documents exempt from the Freedom of Information Act 1982 (Cth).
    • Content the publishing of which would contravene a court order.
    • Content related to secret or sacred or sensitive First Peoples information.
    • Content that is offensive to, or is likely to offend, Aboriginal and Torres Strait Islander peoples.
    • Content that is offensive, graphic or harmful, including content:
      • Depicting violence and death.
      • Depicting suicide and self-harm.
      • Dangerous imitation.
      • That constitutes bullying e.g. mocking imitation, humiliating others or abusive or hurtful gossip, depicting stereotypes, etc.
      • That constitutes spam.
      • Soliciting sex or advertising prostitution.
      • Depicting animal cruelty.
  • Granting us a licence to your content – To display your content on the website we need your permission to do so. You provide us with that permission through this licence:
    • You grant this licence in relation to all of your content that is protected by your intellectual property rights included on the website.
    • The licence is:
      • Worldwide – Because the website can be viewed by anyone, anywhere in the world we need to be able to display your content anywhere in the world.
      • Nonexclusive – This means you are still free to use your content in any way you like within the limits of your intellectual property rights, including licensing your content to other parties.
      • Royalty-free – This means there are no fees due for granting us this licence.
    • The licence allows us to:
      • Copy or reproduce your content. This is so we can host, reproduce and use your content.
        Publish your content.
      • This is so we can display and communicate your content on the website, including making publicly viewable content visible to others.
      • Modify and create derivative works. This is so we can reformat your content if required.
    • The licence is for the following limited purposes:
      • Operating the website – We will only use your content to run the website as designed.
      • Promoting the website – We may use your content to promote the website. If we intend to use your content for such a purpose we will contact you before we use it for promotional purposes.
      • Improving the website – We may use your content to inform the design, development and creation of new features and functionalities for the website.
    • This licence lasts for as long as your content is protected by intellectual property rights, unless you remove your content from the website, in which case we will stop making that content publicly available and remove it from our server in a reasonable amount of time.
  • Third-party’s IP – If you choose to upload or share content on the website, please make sure that you have the necessary rights to do so. If you are sharing someone else’s content you must have their permission to make that content available on the website.
  • Infringements of your IP – If you believe that others have infringed your intellectual property you can contact us to copyright or IP infringement.
  • We retain IP rights in the website – Although we give you permission to use our website, we retain any intellectual property rights that we have in the website platform itself.
  • Expressed views – The views expressed in other people’s content on the website are the view of those people, and don’t necessarily reflect our views.
  • Purpose of the copyright and reuse section – This section relates to copyright and how you can use content on this website. It provides details about copyright and Creative Commons licensing of content on elliottbledsoe.wtf
  • Rationale – You can’t keep a good idea to yourself. I believe in the power of open access to knowledge and creativity and a thriving commons of shared knowledge and culture. That’s why my content on elliottbledsoe.wtf is licensed for reuse under a Creative Commons licence.

Ownership of original content on elliottbledsoe.wtf

  • Content is the copyright of Elliott Bledsoe – © Copyright 2024 Elliott Bledsoe. Some rights reserved.
    Except where otherwise indicated, the content on elliottbledsoe.wtf is the copyright of Elliott Bledsoe.
  • Text – Most of the content on elliottbledsoe.wtf is text (what copyright refers to a 'literary works').
  • Images – There is also some photographs and visual graphics (both of which copyright refers to as 'artistic works').
  • Copyright duration for text and images – The duration of copyright for literary and artistic works is the end of the calendar year 70 years from the year the creator died (commonly stated as 'life of the creator plus 70 years') ⟨  morbid and macabre, right?! ⟩ For this material, calculate the end of copyright protection from the year I die.
  • Audio and video – Sometimes I also post audio and video (what the Copyright Act calls 'sound recordings' and 'cinematographic film' respectively).
  • Copyright duration for audio and video – By publishing that material on this website it has been 'made public' for copyright's purposes, meaning that the duration of copyright protection for sound recordings and films is 70 years after the end of the calendar year in which the material was first made public (commonly stated as 'first made public plus 70 years). In such cases, where a date is associated with the material (e.g. a date is specified in the caption for the content or on a blog post) calculate the copyright duration based on the year stated. Where no date is associated with the material, use your best judgement.

Copyright licence & reusing elliottbledsoe.wtf content

  • Copyright licence – Further to the copyright licensing information displayed in the footer of this website or accompanying specific web pages:

    Except where otherwise indicated, all copyright-protected material on elliottbledsoe.wtf is licensed under the terms of a Creative Commons Attribution 4.0 International licence.
  • What the CC licence covers – For clarity, the CC licence applies to all text, visuals, audio and video (i.e literary works, artistic works, sound recordings and films) created by Elliott Bledsoe. For a summary of the licence and what uses are permitted under it, see the Deed. For the full licence terms, ⟨ for copyright tragics like me who want to read the nitty gritty! ⟩ see the full Legal Code.
  • What the licence lets you do – Under the licence you can reuse the CC-licensed content, meaning you are free to copy, share and adapt the CC-licensed content on this website, or any modified version (i.e. any derivative) you create from it, even commercially, as long as you acknowledge the original creator of it.
  • Attributing elliottbledsoe.wtf content – At a minimum I ask that you attribute me (Elliott Bledsoe) and/or any other authors identified on a particular web page as the author/s of the content you are reusing. I also request that you include a hyperlink to the URI of the particular web page you are reusing. You must also indicate the type of CC lience that applies to the content you are reusing. Where possible, I encourage you to also include the title of the particular web page you are reusing.

    For general guidance on attributing CC-licensed material, see Recommended practices for attribution on the CC Wiki.

    ⟨ With all that said, please make use of this website's CC-licensed content as you see fit! ⟩
  • Why release the content under a CC licence? – Good ideas shouldn’t be kept to yourself. I believe in the power of open access to knowledge and creativity and a thriving commons of shared knowledge and culture. That’s why elliottbledsoe.wtf is licensed for reuse under a Creative Commons licence. You can share (most of) the content on elliottbledsoe.wtf under that licence.
  • The application of copyright exceptions in relation to CC licensed content – Of course, any legitimate use of the copyright-protected material on this website under a copyright exception is permitted, and such uses do not have to comply with the terms of the CC licence.

Copyright & third-party content

Ownership of third-party content

  • Third-party content on the website – There are situations where content owned by third-parties is included on elliottbledsoe.wtf. Where third-party copyright material has been displayed on this website it has been clearly indicated. Where possible, the title, year of creation or publication and the name of the creator is included, as well as information related to the copyright status of the third-party content. Typically, the copyright status of third-party material will be either:
    • protected by copyright and permission of the copyright owner should be sought to reuse the material if a copyright exception does not apply,
    • the material is licensed for reuse under an open licence such as a Creative Commons licence, and resue can be made under the terms of the specific licence that applies to the third-party material, or
    • the material is in the public domain, in which case copyright has expired and there are no restrictions on its reuse.
  • Third-party content not available under the CC licence – Please be aware that all third-party material included on this website is excluded from the Creative Commons licence that applies to the rest of the website.

Use of third-party content

  • Using third-party copyright-protected content – Where third-party content that is protected by copyright is included on elliottbledsoe.wtf, it is used:
    • by embedding that content using embed code provided by the platforms the content originates on,
    • relying on and used within the terms of an open content licence such as Creative Commons that applies to the content, or
    • within the scope of one or more exception to copyright outlined in the Copyright Act 1968 (Cth).
  • Marking third-party content – Third-party material is typically identified in the caption below where the material is displayed, with further information about the material listed in the Credits section of the web page the material is displayed on. Typically, I will indicate where my use is made under a licence or which exception I am relying on for a specific use in relation to any copyright-protected third-party content.
  • Using content within the scope of copyright exceptions – Where an exception has been relied on, the most common applicable exceptions are:
    • in relation to the reuse of works (literary, dramatic, musical and artistic works):
      • a fair dealing for the purpose of reporting news under section 42, and/or
      • a fair dealing for the purpose of criticism or review under section 41
    • in relation to subject matter other than works (sound recordings, cinematographic films, broadcasts and published editions of works):
      • a fair dealing for the purpose of reporting news under section 103B, and/or
      • a fair dealing for the purpose of criticism or review under section 103A.
  • Are AI outputs protected by copyright? – AI-generated outputs are included on this website. Copyright matters are one of the biggest areas of issues raised by AI. What material was used to train an AI system, where it was sourced, how it was gathered and whether permission was legally required can be tricky questions to answer. Equally tricky is the copyright status of AI-generated material. Whether AI outputs are protected by copyright remains contested.
  • If copyright does exist in AI outputs – In light of that context, to the extent that copyright exists, if at all, in any AI-generated content instigated by me on this website (whether identified as being generated using AI or not), I license that material for reuse under the terms of the Creative Commons licence that applies to the copyright material I am the owner of.
  • Disclosing AI outputs – I have included information about how I disclose the use of AI-generated content on elliottbledsoe.wtf elsewhere.

Privacy

  • Personal information & privacy – Privacy relates to the handling of personal information i.e. information that identifies you. When you use the elliottbledsoe.wtf website you are trusting us with information about you. We acknowledge that we are responsible for the appropriate management and protection of that information. This Privacy Statement outlines what information we collect, why we collect it, what we can do with it and how you can update, manage or delete your information.
  • What we collect – Information and content we collect about you:
    • Your name.
    • Your email address.
  • Protecting your information – All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential.
  • Who we share your data with – No one. Simple as that. We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not crucial to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect it to be used.
  • How long we retain your data – If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time. Website administrators can also see and edit that information.
  • Removing your data – If you have an account on this site, or have left comments, you can request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Emails & SPAM

  • Where you opted in to receiving newsletters from us – Where you have opted into specific newsletters we may:
    • Send you content related to those newsletters.
  • Other email communication we may send – Even where you have not opted into any newsletters, we may:
    • Send you updates about the governance of the website e.g. updates to this Terms of use and/or Privacy statement.
    • Send you updates about other changes to the website that are not marketing messages.
    • Notify you of information related to your account e.g. password requests, changes to this Privacy policy or the Terms of use above, etc.
  • Email communication you will not receive from us – Outside the scope of newsletters you have opted into or information about the website and your account, we will not receive marketing messages of a general promotional nature.

Analytics & data

    • Collecting data about the website –
    • Use of analytics – We may use information about your use of the website to generate anonymised data for analytics and measurement to understand how elliottbledsoe.wtf is used e.g. website traffic, new and returning users, which users are accessing parts of the website, etc, and/or report that use to other parties.

Other matters

Comments

  • When you post comments – When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. We strongly encourage commentors to read the The Gravatar privacy policy. Comments may be checked through an automated spam detection service. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Cookies

  • When cookies may be used – If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
  • When you log-in to the website – If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
  • For contributors, when adding or editing content – When you edit or publish content, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
  • Cookies and specific content – The Tozan theme by fueko utilises local storage for features such as the 'Pinned area' and 'Post of the day', and session storage for the 'Back' button functionality. No personally identifying user data is transmitted. Because the data stored in local storage and session storage is used solely for technical purposes and does not identify users, it is considered necessary for the provision of the elliottbledsoe.wtf website.

Embedded content

  • Embedded third-party content – Articles on this site may include embedded content (e.g. videos, images, links to other websites, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
  • Activities by embedded third-party content – These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
  • Licensing of third-party content – Embedded content is also outside of the scope of the Creative Commons licence that applies broadly to content on elliottbledsoe.wtf.
  • Limited liability – We are not responsible for any losses incurred by using the website. These terms only limit our responsibilities as allowed by law.
  • Jurisdiction – These terms of use are governed by the laws in force in the State of Queensland, Australia. ⟨ Let's hope it never gets to it, but if we have to go to court over anything ⟩ You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
  • Users under the age of 18 – We consider it is the responsibility of parents to monitor their children’s use of our website. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

If you have any comments, questions or concerns with these Terms or the Privacy statement, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, please contact us.