Terms of Use

Last updated: October 2024

Acceptance of Terms

By accessing and using the sepia-moon website and services ("Services"), you accept and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you and sepia-moon. We may modify these Terms at any time, and your continued use of the Services following any changes indicates your acceptance of the modified Terms.

Description of Services

sepia-moon operates a media network comprising various publications, websites, and digital platforms. Our Services include:

• Access to editorial content across our publications
• Newsletter subscription services
• Advertising and partnership services for businesses
• Contact and enquiry submission functionality

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

User Conduct

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Use automated systems, scripts, or bots to access our Services without permission
• Collect or harvest user information without authorisation
• Transmit viruses, malware, or other harmful code
• Engage in any activity that could damage, disable, or impair our Services

Intellectual Property

All content on our websites, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of sepia-moon or its content suppliers and is protected by Australian and international copyright laws.

You may not:

• Reproduce, distribute, or publicly display our content without permission
• Modify or create derivative works based on our content
• Use our content for commercial purposes without a licence
• Remove or alter any copyright, trademark, or other proprietary notices

Limited personal, non-commercial use is permitted, such as reading articles for personal information or sharing links through social media.

User Submissions

When you submit content to us through contact forms, enquiries, or other means, you grant sepia-moon a non-exclusive, royalty-free, perpetual, and worldwide licence to use, reproduce, modify, and distribute such content for the purpose of responding to your enquiry and improving our Services.

You represent and warrant that you own or have the necessary rights to submit such content and that the content does not violate any third-party rights.

Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by sepia-moon. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that sepia-moon shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services.

Advertising and Sponsored Content

Our Services may include advertising and sponsored content. While we strive to clearly label sponsored content, we do not endorse any products, services, or claims made by advertisers. Any transactions or interactions with advertisers are solely between you and the advertiser.

Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, sepia-moon disclaims all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content

Limitation of Liability

To the maximum extent permitted by applicable law, sepia-moon and its directors, employees, partners, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Personal injury or property damage
• Any damages arising from your use or inability to use the Services

In no event shall our total liability exceed the amount paid by you, if any, for accessing our Services during the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless sepia-moon and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit through the Services

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and sepia-moon regarding the use of our Services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms, please contact us at:

sepia-moon
Level 12, 88 Walker Street
North Sydney NSW 2060
Australia
Email: [email protected]