ACCEPTABLE USE POLICY

 

Effective Date: 23 March 2023

All Products, services, and technologies (collectively referred to as the “Products”) including accessing any type of material or content made available through those Services (“Content“) owned and operated by GUESTPIX PTY LTD ACN 668 087 723 trading as Guestpix (referred to in this Policy as “Guestpix”, “we”, “us”, and “our”) are governed by this Acceptable Use Policy (Policy).

 

This Policy, together with our Guest & Host Terms and Conditions and Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”).

 

OBJECTIVE

 

This Policy is constructed to protect us, our users, and the general Internet community from unethical, irresponsible, and illegal activity by outlining a non-exhaustive list of usage, activities, omissions and/or intent we deem unacceptable or incompatible with our brand and the intended use of our Products.

 

Users found engaging in any activities prohibited by this Policy may be liable for service suspension and account termination.

 

In extreme cases, we may be legally obliged to report offending users to the relevant authorities. 

 

LEGAL CAPACITY

 

By using, accessing or purchasing any products or services, you warrant that you:

 

           are over the age of Majority in your jurisdiction;

           have the legal capacity to enter into a legally binding contract, or as an individual or on behalf of a corporation; and

           have read, accepted and agree to comply with this Policy.

 

CHANGES TO THIS POLICY

 

We reserve the right to change or modify this Policy at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective from the earlier of:

 

         the date the customer uses our Products after we publish the revised version on our website; or 

         30 days after we publish the revised version on our website. 

 

We will always ensure that the current date of this Policy also known as the “Effective Date” is prominently displayed at the very top of this page, so you know it’s the latest version.

 

It is your responsibility to review this Policy prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept this Policy, you should not use our Products.

 

Your continued use of our Site is deemed acceptance of any modifications or amendment of this Policy. You may also accept this Policy where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about this Policy or anything else on our Site, please don’t hesitate to contact us at: [email protected] before proceeding with any purchase or engaging further with our Services.

 

USER OBLIGATIONS

 

Individual users are responsible for both their own actions in relation to the Products and the actions of any third party accessing their account including where:

         they authorise another party to access our Product via the individual user’s account; or

         they fail to prevent unauthorised access to our Product

 

Any complaints regarding an account or any prohibited use detected on an account will be the responsibility of the account owner. We reserve the right to immediately suspend, terminate or take remedial account against any account at our discretion or while an investigation takes place into the prohibited use on the account.

 

To the extent permitted by law, no refunds or credit notes will be available for the interruption, suspension or termination of services due to activity on an account which is in violation of this Policy.

 

Reporting misuse by others

 

As we cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. To promote the safe, respectful enjoyment of our Products and Content by all users, we encourage you to report any content that violates this Policy by contacting mailto:[email protected]?subject=Misuse Report.

 

Excessive Bandwidth

 

Users are required to engage with our products in accordance with the offer schedule or package they have purchased including not exceeding the number of ‘users’ or ‘uploads’ prescribed by a certain package.

 

You agree that if your use (or your guest’s use) is deemed excessive or grossly above the prescribed limited, additional fees may be charged, or capacity may be restricted. 

 

Deceptive Content

 

Users are expressly prohibited from:

          impersonating or representing that they have any business relationship or ownership of any Guestpix property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust;

         using the Products or services to distribute and/or promote content which has been manipulated or uses synthetic media in ways that pose the risk of harm; and/or

         using the Products or services to attempt to manipulate or interfere with election-related processes

 

Dangerous Content

 

Users are expressly prohibited from publishing any content which depicts, advocates, glorifies or incites:

         violence in any form including serious physical harm towards an individual or group;

         terrorism or extremist ideologies;

         targeting an individual or group for harassment or abuse;

         violence or hatred towards a person or group of people based on race, religion, gender identity or expression, sex, ethnicity, nationality, sexual orientation, veteran status, age, disability or other characteristics associated with systemic discrimination or marginalization; or

         The spread of false or dangerous deceptive medical information that may cause offline harm or poses a direct threat to public health.

 

Illegal Content

 

Users are expressly prohibited from publishing any content which violates applicable laws and regulations, including but not limited to:

 

         Depicting, advocating or promoting the sale of regulated or illegal goods such as:

o   illegal firearms or firearm parts;

o   illegal or regulated drugs; and

o   endangered species or products derived from endangered species.

         Depicting, advocating or in any way soliciting child sexual abuse or exploitation;

         Depicting, advocating or in any way facilitating animal abuse;

         Depicting or disseminating pornography or sexually explicit materials;

         Depicting or disseminating defamatory materials;

         Depicting or disseminating any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization;

         removing or altering any copyright, trademark, or other intellectual property notices;

         disseminating malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Products.

 

Our products are not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to criminal activity, child sexual abuse or exploitation; animal abuse; illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; intellectual property violations, and in each case including any affiliation with others whatsoever who support the above such activities or causes. 

 

SPAM and unauthorized message activity 

 

Users are expressly prohibited from using our Products to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”).

 

This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers. 

 

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”).

 

This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list. 

 

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products. 

 

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products. 

 

Unethical, exploitative, and malicious activity 

 

Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers.

 

This includes but isn’t limited to:

         facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks;

         Publishing your own account passwords or other user’s passwords;

         Exposing confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;

         Disseminating links to to, referencing, or otherwise promoting commercial products or services;

         intentionally or recklessly introducing viruses or malicious code into our Products and systems;

         Obtaining (or attempting to obtain) services from us with the intent to avoid payment; 

         Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;

         The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;

         Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals; and

         Any act or omission in violation of consumer protection laws and regulations.