1. These Terms of Service (“Terms”) apply to your access to and use of Rule O’Flaw™ and The Folklore Effect™ Podcast websites, affiliated social media profiles and posts, newsletters, emails, subscriptions, merchandise and other communications (collectively, the “Site”) provided by the publishers (“we”, or “us”).
2. By accessing our Site, you agree to be bound by these Terms and any terms incorporated by reference or necessary implication. If you do not agree to all these Terms, do not use our Site, and if you must communicate with us, please advise us while doing so.
3. We reserve the right to modify these Terms from time to time. If we make changes, we will provide you with notice of such modifications, such as by posting a notice on our Site or updating the effective date at the top of these Terms.
4. Unless we specify otherwise in our notice, the amended Terms will take effect immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to all the amended Terms, you must stop using our Site.
5. If you have any questions about these Terms or our Site, please contact us at contact@ruleofflaw.com.
6. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
7. The Site and the documents, content and other materials available through this Site (the “Site Materials”) are owned by us, our licensors or other third parties, and are protected by Australian and international copyright laws.
8. Except as explicitly stated in these Terms, all rights in and to the Site and the Site Materials are reserved by us, our licensors, or relevant third parties and may be used solely as authorised in these Terms.
9. The Site and the Site Materials are provided solely for informational and entertainment purposes and may be used solely for your own personal, non-business use.
10. All materials published or available on the Site (including, but not limited to, text, photographs, images, illustrations, designs, audio clips, video clips, the audio and visual aspects of the Site’s presentation) are protected by copyright and owned or controlled by us, or the relevant third party that produced the content, whether credited or not.
11. Any use of the Site or the Site Materials other than as specifically authorised herein, without our prior written permission, is strictly prohibited, will terminate the licence granted herein and violate our intellectual property rights.
12. The Site and the Site Materials are provided on an “as is” or “as available” basis without warranty or liability of any kind. The provision of information, agreements, or templates does not constitute legal or other advice and does not create a lawyer-client relationship between us and the user. You should contact a lawyer to obtain legal advice with respect to any information or documents obtained from the Site before relying on them in a manner capable of affecting your or someone else’s rights, interests or liabilities.
13. The purchase of specific Site Materials only authorises personal access to the purchased Site Materials unconditionally or in accordance with the terms specified at the time of sale.
14. The purchaser may not use the purchased Site Materials for commercial purposes or share them with other parties without prior written authorisation from us.
15. All sales are final, and we do not provide refunds for purchased Site Materials.
16. Our Services are provided for informational and entertainment purposes only and should not be considered as a substitute for legal advice. You should consult your lawyer for advice on any issue or problem.
17. The use of and access to our Services do not create a lawyer-client relationship. Likewise, the provision of information or materials does not constitute legal or professional advice, nor does it create a lawyer-client relationship. You should contact a lawyer to obtain legal advice with respect to any information or documents obtained from the Site before relying on them in a manner capable of affecting your or someone else’s rights, interests or liabilities.
18. The opinions expressed through the Site are the opinions of the individual author and may not reflect our opinions.
19. You are solely responsible for your use of the Site, and you use it at your own risk.
20. You must not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site.
21. You may only post or otherwise share content that is non-confidential and that you have all necessary rights to disclose, including the lawful right to distribute and reproduce such content. You will not post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
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 have the lawful right to distribute and reproduce such content;
Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, advertising or solicitations;
Private or personal information of a third party without such third party’s consent;
Viruses, corrupted data, or other harmful, disruptive or destructive files or content; or
Content that, in our sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site or may expose our users or us to any harm or liability of any type.
22. You further agree that you are solely responsible for your conduct while accessing or using our Site, and you agree that you will not do any of the following in connection with our Site or its users:
Use our Site other than for its intended purposes and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use or attempt to use another user’s account without authorisation from us and that user;
Impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Engage in any stalking, intimidating, threatening, predatory, or otherwise harassing conduct or cause discomfort to other users;
Copy, download, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us, our licensors, or the third parties that own the intellectual property rights to the content in question;
Modify our Site or its content, remove any proprietary rights notices or markings, or otherwise make any derivative works based on the content on our Site;
Reverse engineer any aspect of our Site or its content or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Site;
Develop or use any applications that interact with our Site without our prior written consent;
Bypass or ignore instructions contained in our system files;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters or pyramid schemes;
Send any unsolicited commercial messages;
Use our Site for any illegal or unauthorised purpose, or engage in, encourage or promote any illegal activity that violates these Terms; or
Circumvent or attempt to circumvent any filtering, security measures or other features that we may from time to time adopt to protect our Services, our users or third parties.
23. Our Site, logo, original phrases and terms (such as those containing the words “Rule O’Law”, “Wizdom Journal”, “Wize News”, “Wize Quote”, “Wize Guy” and “The Folklore Effect” or some variation of them) as well as slogans including the text, graphics, images, photographs, videos, illustrations, information, data, software and other content and materials contained therein (and the selection, arrangement and presentation thereof), are owned by us, our licensors and third parties and are protected under both Australian and foreign laws. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site for non-commercial purposes of viewing, listening to and reading its content.
24. Any other access, use, downloading, copying, distribution, retransmission or modification of our Site, without our prior written permission, is strictly prohibited and will terminate the licence granted herein and violate our intellectual property rights.
25. 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 by us.
26. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Site (collectively, “Feedback”).
27. You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including, without limitation, to develop, copy, publish, distribute, or alter the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.
28. We may make third-party documents and other content available through the Site or provide information about third-party organisations, events, products, services, or activities (collectively, “Third-Party Content and Information”).
29. We provide Third Party Content and Information as a service to those interested in such content. Your dealings, correspondence, or interaction with third parties are solely between you and the third party, and your access to and use of any Third Party Content and Information is solely at your own risk. We do not control or endorse any Third-Party Content or Information and make no representations or warranties regarding any Such Content or Information.
30. Any Third Party Content and Information shared without an explicit agreement with the owner is shared based on its availability in the public domain and/or based on the allowance afforded by the law for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship and research.
31. Please contact us via email at contact@ruleofflaw.com if you would like to raise any issue regarding Third-Party Content and Information published on the Site.
32. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless, us and our independent contractors, service providers, consultants, related entities and each of their respective shareholders, officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to:
Your Feedback or your use of any Site Materials;
Your violation of these Terms;
Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or
Your misconduct in connection with the Site or the Site Materials.
33. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, lawyers’ fees).
34. You also agree that the Indemnified Parties will have control of the defence or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
35. Your use of our Site and Site Materials is at your sole risk. Our Site and any Site Materials contained therein are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties regarding the quality, accuracy, fitness for purpose and consistency of access to the Site Materials (“Site Attributes”).
36. Any representations made by us, or agents acting on our behalf, about the Site Attributes in any manner other than inclusion in our Terms of Service or Subscription Policy, merely express the standards that we strive to achieve and do not give rise to any enforceable rights or entitlements for parties purporting to act in reliance upon those representations.
37. Furthermore, the Site publishes satirical and parody content that may appear factually inaccurate if taken at face value without context. We expect users to exercise proper judgment in discerning fact from satire and to verify the accuracy of the information published on the Site through reliable, independent sources before taking any steps in reliance on it.
38. We cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components.
39. You assume all risk regarding the Site Attributes and the Site Materials.
40. To the fullest extent permitted by applicable law, we and our contractors, service providers, consultants, related entities and each of their respective shareholders, officers, directors, agents, partners and employees, will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or economic losses, even if such parties have been advised of the possibility of such damages.
41. Our total liability for any claim arising out of or relating to these Terms or our Site or Site Materials, regardless of the form of the action, is limited to AUD 50.00.
42. We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site or Site Materials at any time.
43. You also have the right to stop using our Site at any time.
44. We are not responsible for any loss or harm related to your inability to access or use our Site or our Site Materials.
45. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms. It does not affect the validity and enforceability of any remaining provisions.
46. Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of Victoria, Australia, without regard to conflict of laws principles that would cause the application of the laws of any other jurisdiction.
47. Any dispute between the parties will be resolved in the courts of Victoria, Australia.
48. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
49. You agree that no adverse or disadvantageous implications may arise against us, as the party producing this document, for any imprecision or defects in its terms.
50. The section titles in these Terms are for convenience only and have no legal or contractual effect.
51. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties. They are not intended to confer third-party beneficiary rights upon any other person or entity.
52. You agree that communications and transactions between us may be conducted electronically.
