Terms of Service

Fervr.net is hereafter referred to as “Fervr”, “we”, “us”, or “our”.

Eligibility

All users of the Fervr Site (the “Site”) must be 8 years of age or more or have parents/guardians permission. By using the Site, you represent and warrant that you are 8 years of age or older and that all registration information you have provided is truthful and accurate.

User disputes

All users are responsible for their interactions with other users of the Site. In the event of a dispute arising between users, we reserve the right to monitor the dispute. However we have no obligation to mediate the dispute.

Non-Commercial Use

The Site is to be used for personal, non-commercial purposes only. Users must not use this Site for any commercial endeavours.

Disclaimer

Fervr will not be responsible for the accuracy, reliability or legality of any content posted on this Site.

Release and Indemnity

You agree to release and indemnify Fervr, its employees and agents from and against any claim arising from or in relation to your use of or conduct on the Site, including but not limited to any liability or expense arising from any claims, liabilities, losses, damages, judgments, litigation costs of every kind and nature, except insofar as any such liability or expense is caused by the negligence or fraud of Fervr, its employees or agents.

Code of Participation

We want all visitors to the Site to be safe, nurtured, and informed by their experience of the Site. With this goal in mind, all users of the Site and the Contributions made by them must comply with this Code.

The Code applies to all users and visitors of this Site and forms part of the Site Terms. Your use of this Site means that you accept and agree to abide by this Code. Please comply with the spirit of this Code, and not merely the letter.

We may need to revise the Code in response to changes to the site. Please regularly review this page to be sure you are aware of any changes we make as they will be legally binding on you for all subsequent use. 

Your use of the Site and your Contributions must NOT:

  • include any material that does not belong to you. You may incorporate other material into your Contribution materials published on this Site but only where those materials do not prohibit redistribution. Apart from that, all material you submit must be your own original work, or be fully cleared for submission by the rights holder of the material.
  • infringe anyone else's rights, including copyright. Your Contributions must not violate, the rights of any third party including any copyright, trade mark, trade secret, privacy, publicity, personal or proprietary rights of any kind.
  • contain unlawful or objectionable content. Material that is unlawful, harassing, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable.
  • involve disruptive, offensive or abusive behaviour. Contributions must be constructive and polite. They must not be contributed with the intention of invading anyone's privacy, of being offensive, bullying, upsetting or of causing trouble, inconvenience or needless anxiety.
  • promote illegal or anti-social behaviour. Contributions must not contain violent or sexually explicit material or advocate, promote or assist any unlawful act including but not limited to terrorist acts, copyright infringement or computer misuse.
  • misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or entity or to give the impression that they emanate from the Site, where that is not the case.

If you reasonably believe that any Contribution contravenes the Code and/or any of the Terms of Use, please notify us.

We reserve the right to terminate the account of and bring legal action against any person who uses the Site with the intent of disrupting service or gaining unauthorised access to private information, including but not limited to behaviours such as launching denial-of service/DDoS attacks, unauthorised system entry, breaking encryption or penetrating firewalls in place for the protection of other users' personal details, financial information, health records, etc.

Breach of the Code

We reserve the right to determine at our sole discretion whether there has been a breach of the Code through your use of the Site. We have the right (but not any obligation) to edit, delete or refuse publication of any Contribution in whole or in part that we deem to be in breach of the Code. Where we believe you have breached the Code, we may take whatever action we feel is appropriate in the circumstances.

Failure to comply with this Code constitutes a material breach of the Site Terms, which could result in us taking any of the following actions:

  • Issuing a warning to you;
  • Immediate, temporary or permanent withdrawal of your right to use the Site, including deletion of any personal profile;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or further legal action against you; and/or
  • Disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary.

Responsive actions described in the Code are not limited, and we may take any other actions we consider appropriate in the circumstances.

Submissions

By submitting guest articles to Fervr vial email or any other method, you grant Fervr the right to edit, publish and promote your articles on Fervr.net, our social media pages, and email marketing channels in perpetuity. We will seek your permission before publishing your submissions in any publications beyond the Fervr website (e.g. printed books). You may request your submission be removed from Fervr.net at any time by contacting editor@fervr.net.

Your privacy

We consider your privacy and the privacy of others using the Site to be very important. We are required to comply with the National Privacy Principles (in the Privacy Act 1988) (NPP) in operating the Site.

We will update this privacy information periodically to address changing requirements. It will be posted here It is your responsibility as a user of the Site to visit this page to stay aware of any updates or amendments to it.

Collection

We collect several types of information from and about users of our Website, including information (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information (if voluntarily submitted by our visitors), social security number, or any other identifier by which you may be contacted online or offline (“personal information”); or (b) about your internet connection, the equipment you use to access our Website and usage details. We collect this information: (a) directly from you when you provide it to us, or (b) automatically as you navigate through the Website (which may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies); and (c) from third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include (a) information that you provide by filling in forms on our Website, including information provided at the time of registering to use our Website, reporting problems with our Website, subscribing to our service, posting material, or requesting further services; (b) records and copies of your correspondence (including e-mail addresses), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; (d) details of transactions you carry out through our Website and of the fulfillment of your orders, including financial information you may be required to provide before placing an order through our Website; and (e) your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure site activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including (a) details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website, or (b) information about your computer and internet connection, including your IP address, operating system and browser type. We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services. Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Website according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Website.

The technologies we use for this automatic data collection may include cookies, flash cookies, and/or web beacons, described below:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website, allowing us to enhance your user experience.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Emails and newsletters sent electronically, as well as Pages of our Website, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related Website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items “liked” on this site, or items on this site that you choose to share with a third-party social media site.

We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control and are not liable for the actions of any third parties who we may promote. We pride ourselves in working with quality companies, but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information (a) to present our Website and its contents to you; (b) to validate your compliance with the Terms of Use applicable to the Website; (c) for content improvement and feedback purposes; (d) to provide you with information, products or services that you request from us; (e) to reach you, when necessary, regarding your use of the Website or products; (f) to contact you about our goods and services that may be of interest to you; (g) to fulfill any other purpose for which you provide it; (h) to provide you with notices about your account/subscription, including expiration and renewal notices; (i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (j) to notify you about changes to our Website or any products or services we offer or provide though it; (k) to allow you to participate in interactive features on our Website; (l) in any other way we may describe when you provide the information; (m) for any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

By submitting your email address on the Website, you agree to receive email from the Company and its Websites. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: (a) to our subsidiaries and affiliates; (b) to contractors, service providers and other third parties we use to support our business; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred; (d) to third parties to market their products or services to you if you have not opted out of these disclosures; (e) to fulfill the purpose for which you provide it; (f) for any other purpose disclosed by us when you provide the information; or (g) with your consent. We may also disclose your personal information (a) to comply with any court order, law or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).

Except as otherwise stated herein, we will NEVER share your personally identifiable information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. However, by permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third party offers that we may send directly to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service.

Choices About How We Use and Disclose Your Information

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Use and Disclosure

All information provided by you will only be disclosed to other Users of the Site in the manner you have indicated in your profile. If you wish to stop sharing your information with a particular group, user, or class of users, it is your responsibility as a user to remove your group membership or edit your privacy settings appropriately.

Any direct marketing (that is, messages sent to contact addresses, numbers, or identifiers external to the Site itself) conducted using information provided will include an opt-out notification. You may opt-out of such messages by removing such contact details from the Site, or by ceasing membership of the group responsible for sending you these messages. A group may elect to belong to a hierarchical network of organisations (for example, a particular Christian denomination or geographical division within that denomination), and receive messages from this network accordingly. Group Leaders have discretion over their hierarchical affiliations.

We also reserve the right to disclose this information to any other third parties where we reasonably consider this to be necessary due to:

  1. A serious perceived risk to public health or public safety;
  2. A serious or imminent threat to the health, safety or life of that individual,
  3. Having a reasonable suspicion that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, or are required by law to do so, or
  4.  Any other purpose sanctioned by the Privacy Act 1988 (Cth).

Transmission

Whilst our software is used to transmit messages, we cannot be held responsible for the nature or content of any message. Where possible, all messages are logged and recorded securely for future reference should the need arise.

We may, at our discretion, omit information from or terminate the account of any individual's account where that individual intentionally provides misleading or incorrect information.

Access

You can learn more about Fervr at any time by visiting our About page.
To find out what information we hold about you, write to us at:

Fervr Project 
1B Henry Street
Five Dock NSW 2046

AUSTRALIA

In some cases we will not be able to provide you with the information that we hold about you, if this is the case we will let you know.

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