Terms and Conditions

StudyVoices.com Terms of Use Agreement

Effective - 1 June 2007


StudyVoices.com is a social networking service designed to assist students in Australia, particularly international students, to create unique personal profiles online in order to find and communicate with other students. The aim of StudyVoices is to empower students, particularly international students, and thereby help to make their Australia based education a more fulfilling and rewarding experience.

The services of StudyVoices ("StudyVoices" or "we") include the StudyVoices.com website ("the website") and any other features, content or applications offered from time to time by StudyVoices in connection with the website (collectively, the "StudyVoices services").

The StudyVoices services are hosted in Australia.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the StudyVoices services. By using the StudyVoices services you agree to be bound by this Agreement, whether you are a "visitor" (which means that you simply browse the StudyVoices website) or you are a "member" (which means that you have registered with the website).

The term "user" refers to a visitor or a member. You are only authorised to use the StudyVoices services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the website and discontinue use of the StudyVoices services immediately.

If you wish to become a member, communicate with other members and make use of the StudyVoices services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes StudyVoices' policy for acceptable use of the StudyVoices services and content posted on the website, your rights, obligations and restrictions regarding your use of the StudyVoices services and StudyVoices' privacy policy

Your welfare when using the website or any other of the StudyVoices services is of utmost importance to us. Please be aware that whenever you use the internet and voluntarily post public information to blogs, journals, message boards, forums and the like, the information can be accessed by the public. StudyVoices therefore strongly encourages all users to exercise caution and common sense when using the StudyVoices services and website. However, by agreeing to the terms in this Agreement you must acknowledge that you are wholly responsible for your own welfare in respect to your use of the StudyVoices services and website. StudyVoices is unable to take any legal responsibility whatsoever for your welfare and wellbeing in respect to your use of the StudyVoices services and website

In order to participate in certain StudyVoices services you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the StudyVoices services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this agreement by emailing us at contact@studyvoices.com.

StudyVoices may modify this Agreement from time to time and such modifications shall be effective upon posting by StudyVoices on the website. You agree to be bound by changes to this Agreement when you use the StudyVoices services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure that you remain up-to-date in regard to any changes. Please do so.

Please choose carefully the information that you post on the website and that you provide to other users. Your StudyVoices.com profile may not include the following items:

    • telephone numbers;
    • street addresses;
    • last names;
    • photographs containing nudity'
    • obscene, lewd, excessively violent, harassing, sexually explicit or otherwise
    • objectionable subject matter;
    • content that is defamatory of libellous of any person, group of persons,
    • institution or company.

Despite this prohibition, we advise that information provided by other members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and StudyVoices assumes no responsibility or liability for this material.

However, please help us. If you become aware of misuse of the StudyVoices services by any person, please immediately contact StudyVoices by emailing sitemonitor@studyvoices.com

StudyVoices reserves the right, in its sole discretion, to reject, refuse to post or to remove any posting (including private messages) by you, or to restrict, suspend or terminate your access to all or any part of the StudyVoices services at any time, for any or no reason, with or without prior notice and without liability.

StudyVoices expressly reserves the right to remove your profile and/or restrict, suspend or terminate your access to any part of the StudyVoices services if we determine, in our sole discretion, that you pose a threat to StudyVoices and/or its users and/or members of the public.

What follows are further specific terms of this agreement.

1. Eligibility:

Use of and membership in the StudyVoices services is void where prohibited.
Further, by using the StudyVoices services, you represent and warrant that:

  • (a)
    all registration details and information you submit is truthful and accurate;
  • (b)
    you will maintain the accuracy of such information;
  • (c)
    you are 15 years of age or older; and
  • (d)
    your use of the StudyVoices services does not violate any applicable law or regulation.

Please note that your profile may be deleted and your membership may be terminated without warning if we believe that you are under 15 years of age.

2. Term of this Agreement

This agreement shall remain in full force and in effect while you use the StudyVoices services or you are a member. You may terminate your membership at any time, for any reason, by following the instructions on the website. StudyVoices may also terminate your membership at any time, without warning. However, even after membership is terminated, this agreement will remain in effect.

3. Fees:

StudyVoices does not currently charge its members membership fees and we will endeavour to provide you, the user, with free StudyVoices services for as long as we possibly can. However, by using the StudyVoices services, you acknowledge that StudyVoices reserves the right to charge for StudyVoices services from time to time in its discretion. If StudyVoices terminates your membership because you have breached this agreement, you shall not be entitled to the refund of any unused portion of such fees.

4. Your Password

When you sign up to become a member of the website you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, user name, or password of another member at any time or to disclose your password to any third party.

You agree to notify sitemonitor@studyvoices.com immediately if you suspect any unauthorised use of your account or any unauthorised access to your password or profile. Please help us to ensure members' passwords and profiles are not abused.,/

However, the bottom line is that you are solely responsible for any and all use of your account and profile.

5. No Commercial Use by Members

The StudyVoices services are for the personal use of users only and may not be used in connection with any commercial endeavours, except those that are specifically endorsed or approved by StudyVoices.

Illegal and/or unauthorised use of the StudyVoices services, including collating user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, or unauthorised framing of or linking to the StudyVoices website, is prohibited.

Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges.

6. Illegal or Unauthorised Use

Appropriate legal action will be taken for any illegal or unauthorised use of the StudyVoices services.

7. Licence Over Your Content

StudyVoices does not claim any ownership rights in the text, files, images, photographs, videos, sounds, musical works, works of authorship, or any other materials (collectively, "content") that you display or publish (i.e., "post") on the website. After posting your content on the website, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose in accord with this Agreement.

By posting any content on or through the website, you hereby grant to StudyVoices a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on, for and through the StudyVoices services. Without this licence StudyVoices would be unable to provide the StudyVoices services.

The licence you grant to StudyVoices is non-exclusive (meaning you are free to licence your content to anyone else in addition to StudyVoices), fully paid and royalty free (meaning that StudyVoices is not required to pay you for the use of the content that you post), sub-licensable (so that StudyVoices is able to use the content in respect to its affiliates and sub-contractors), and worldwide (because the internet and the StudyVoices services are global in reach).

This licence will terminate at the time you remove your content from the website.

8. Your Warranties Regarding Content

You represent and warrant that:

  • (a)
    you own the content posted by you on or through the website or otherwise have the right to grant the licence set forth in this agreement, and;
  • (b)
    the posting of your content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you agree to pay for all royalties, fees, and any other monies owing to any person by reason of any content posted by you to or through the website; and,
  • (c)
    Except for content posted by you on the website, you will not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the website.

9. Our Limited Licence to You

The StudyVoices services contain website content that is protected by copyright, trademark, patent, trade secret and other laws, and StudyVoices owns and retains all rights in the website content and the StudyVoices services. StudyVoices hereby grants to you a limited, revokable, non-sub-licensable licence to re-produce and display the website content (excluding any software code) solely for your personal use in connection with viewing the website and using the StudyVoices Services.

10. Content Posted:

Please take careful note of this term.

  • (a)
    StudyVoices may delete any content that in the sole judgment of StudyVoices violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person;
  • (b)
    StudyVoices assumes no responsibility for monitoring the StudyVoices services or the website for inappropriate content or conduct. If at any time StudyVoices chooses, in its sole discretion, to monitor the StudyVoices services including the website, StudyVoices nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content;
  • (c)
    You are solely responsible for the content that you post on or through any of the StudyVoices services including the website, for any material or information that you transmit to other members, and for your interactions with other users. StudyVoices does not endorse and has no control over such content. Content is not necessarily reviewed by StudyVoices prior to posting and does not necessarily reflect the opinions or policies of StudyVoices. StudyVoices makes no warranties, express or implied, as to the content, or to the accuracy and reliability of the content, or any material or information that you transmit to other members.

11. Prohibited Content

Please take careful note of this term.

The following is a partial, non-exhaustive list of the kind of content that is illegal and/or is prohibited to post on or through the StudyVoices services and website. StudyVoices reserves the right to investigate and take appropriate legal action against anyone who, in StudyVoices' sole discretion, violates this provision including, without limitation, removing the offending communication from the StudyVoices website and terminating the membership of such violators. Prohibited and or illegal content includes, but is not limited to, content that, in the sole discretion of StudyVoices:

    • is patently offensive and promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
    • is defamatory and/or libellous against any individual, group, company, organisation or institution;
    • constitutes slander against any individual, group, company, organisation or institution;
    • harasses, or advocates or encourages harassment of another person or persons;
    • exploits people in a sexual or violent manner;
    • contains nudity, violence, or offensive subject matter;
    • contains a link to an adult website;
    • solicits personal information from anyone under 18 years of age;
    • provides any telephone numbers, street addresses, last names, URL's or email addresses;
    • promotes information that you know is false or misleading;
    • promotes illegal activities;
    • promotes conduct that is abusive, threatening, obscene, or defamatory;
    • promotes any illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them;
    • involves the transmission of "junk mail", "chain letters", unsolicited mass mailing, instant messaging, "spimming", or "spamming";
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • furthers or promotes any criminal activity or enterprise;
    • provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
    • solicits from other users passwords or personal identifying information for commercial or unlawful purposes
    • involves commercial activities and/or sales without our written consent (such as contests, sweepstakes, barter, advertising, or pyramid schemes)
    • includes a photograph of another person that you have posted without that person's consent
    • uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a profile.

StudyVoices reserves the right to investigate and take appropriate legal action against anyone who, in StudyVoices sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

12. Prohibited Activity

Please take careful note of this term.

Prohibited activity on the StudyVoices services includes, but is not limited to:

    • Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
    • Advertising to, or solicitation of, any member to buy or sell any products or services through the StudyVoices services. You may not transmit any chain letters or junk email to other members. It is also a violation of these terms to use any information obtained from the StudyVoices services in order to contact, advertise to, solicit or sell to any member without that member's prior express consent. In order to protect our members from such advertising or solicitation, StudyVoices reserves the right to restrict the number of emails which a member may send to other members within a 24 hour period to a number which StudyVoices deems appropriate in its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the StudyVoices services, you acknowledge that you have caused substantial harm to StudyVoices. As a reasonable estimation of such harm, you agree to pay StudyVoices AU$100.00 for each such unsolicited email or other unsolicited communication you send through the StudyVoices services
    • Covering or obscuring the banner advertisements on your personal profile page, or any website page via HTML/CSS or any other means
    • Any automated use of the website and of the StudyVoices services , such as using scripts to add friends or send comments or messages
    • Interfering with, disrupting, or creating an undue burden on the StudyVoices services or the networks, or on the services connected to the StudyVoices services
    • Attempting to impersonate another user or person
    • For banned and prohibited profiles, copying the code for your StudyVoices player and imbedding it into other profiles or asking other members to imbed it into their profiles
    • Using the account, user name, or password of another member at any time
    • Disclosing your password to any third party or permitting any third party to access your account
    • Selling or otherwise transferring your profile
    • Using any information obtained from the StudyVoices services in order to harass, abuse, or harm another person or persons
    • Displaying an advertisement on your profile, or accepting payment or anything of value from a third person or party in exchange for you performing any commercial activity on or through the StudyVoices services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose
    • Using the StudyVoices services in a manner inconsistent with any applicable laws or regulations

13. StudyVoices Copyright Policy

You may not:

    • Post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such copyrighted material;

StudyVoices may terminate the membership of any member who knowingly and repeatedly infringes the copyright rights of others upon receipt of proper notification to StudyVoices by the copyright owner or the copyright owner's legal representative.
If you believe that your copyrighted material has been posted or copied on the website in a way that constitutes copyright infringement, please attend to the requirements relating to "Infringement Notification" in the "Copyright" page at the bottom of the StudyVoices homepage.

14. Member Disputes

You are solely responsible for your interactions with other StudyVoices members and users. StudyVoices reserves the right, but is not obliged, to monitor disputes between members and users.

16. Privacy

Use of the StudyVoices services and website is governed by the StudyVoices Privacy Policy which is incorporated into this Agreement by this reference.

17. Disclaimers

StudyVoices is not responsible for:

    • Any incorrect or inaccurate content posted on the website by members;
    • Any incorrect or inaccurate content posted on the website or in connection with the StudyVoices services, whether caused by users of the website, or by any of the equipment or programming associated with, and utilised on, the website or StudyVoices services;
    • The content, accuracy of, or opinions expressed in, other websites which may be linked to member profiles. Such websites are in no way investigated, monitored or checked for accuracy by StudyVoices;
    • The content, accuracy of, or opinions expressed in, the websites of third parties which are linked to the StudyVoices website. Such third party websites are in no way investigated, monitored or checked for accuracy by StudyVoices. The inclusion of such links to other third party websites does not imply approval or endorsement of the third party website by StudyVoices. When you access these third party websites you do so at your own risk;
    • Advertisements from third parties which may from time to time appear on the website, or the goods and services provided by such advertisers. When you avail yourself of such goods and services you do so at your own risk;
    • The conduct, whether online or offline, of any user of the StudyVoices services and website;
    • For any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or member communication;
    • Any problems or technical malfunction of any telephone network or lines, computer online systems, service or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the StudyVoices services or combination thereof, including any injury or damage to users or members or to any person's computer related to or resulting from participation or downloading of materials in connection with the StudyVoices services;
    • Any loss or damage, including personal injury or death, resulting from use of the StudyVoices services or website, from attendance at a StudyVoices event, from any content posted on or through the StudyVoices services or website, or from the conduct of any members or uses of the StudyVoices services or website, whether offline or online.

StudyVoices services are provided "as is" and "as available" and StudyVoices expressly disclaims any warranty of fitness for a particular purpose.

18. Limitation on Liability

In no event shall StudyVoices be liable to you or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from use of the StudyVoices services, even if StudyVoices has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, StudyVoices' liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to StudyVoices during the term of your membership.

19. Australian Export Controls

Software available in connection with the StudyVoices services is further subject to Australian export controls. No software may be downloaded from the StudyVoices services or otherwise exported or re-exported in violation of Australian export laws. Downloading or using the software available in connection with the StudyVoices services is at your sole risk.

20. Disputes

Any dispute about or involving you and the StudyVoices services will be subject to the laws of the State of Victoria and the Commonwealth of Australia and must be subject to arbitration at a venue in, and using the dispute resolution services of, the State of Victoria, Australia.
Any dispute about or involving you and the StudyVoices services that does not resolve at arbitration must remain subject to the laws of the State of Victoria and the Commonwealth of Australia and must be heard in a court or tribunal of competent jurisdiction in the State of Victoria, Australia.
The aforementioned will not prevent StudyVoices from seeking injunctive relief in a court of competent jurisdiction.

21. Indemnity

You agree to indemnify and hold StudyVoices, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use and/or membership of the StudyVoices services and website in violation of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the StudyVoices website or through the StudyVoices services causes StudyVoices to be liable to another.

22. Other Terms

    • This agreement is accepted upon your use of the website or any other of the StudyVoices services and is further affirmed by you becoming a member;
    • This Agreement constitutes the entire agreement between you and StudyVoices in respect to the use of the StudyVoices services;
    • The failure of StudyVoices to exercise any right or provision of this Agreement shall not operate as a waiver of such right or provision and shall not estop or prevent StudyVoices from exercising such right or provision at a later time;
    • This Agreement operates to the fullest extent permissible by law;
    • If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the enforceability and validity of any remaining provisions.

If you have any questions regarding this Agreement please do not hesitate to contact StudyVoices at contact@studyvoices.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN IT.