Pool Profile Spring 2024

Explore Industries - Terms and Conditions for Photo/Video Upload and Display
1. General
This is a legally enforceable agreement between you and Explore Industries Australia Pty Ltd atf Explore Industries Australia Unit Trust, (“EXPLORE”) governing the uploading or sharing of Digital Imagery (defined below) for possible display and use by EXPLORE and retention and use of any such Digital Imagery. EXPLORE is providing you the opportunity to upload your Digital Imagery for possible display by EXPLORE. Uploading any Digital Imagery for possible display is entirely voluntary. You will not be compensated for uploading any Digital Imagery. Uploaded Digital Imagery selected for display may be publicly viewable by any and all users and/or recipients of EXPLORE's media. By uploading any Digital Imagery for possible display by EXPLORE, you agree to and are bound by all the terms and conditions of this Agreement and your permission to upload any Digital Imagery is conditioned on your agreement to these Terms and Conditions.

2. Definitions
• "Agreement" means these Terms and Conditions in their entirety.
• "Digital Imagery" means the uploading of digital images, photos, videos or the sharing of links to online videos or the provision of any information of any kind to EXPLORE.
• "Display" means to publish, distribute, broadcast, transmit, reproduce, or otherwise make viewable or available on or in any media.
• "Media" includes, but is not limited to, electronic media such as an Internet website, blog, message board, social networking environment (including but not limited to Facebook, X, and Instagram), social communications, email, and other electronic communication functionality, and hard copy media, such as brochures, reports, mailings, and any other printed or published material.
• "Upload" means to transfer a digital or digitised photo file from a computer being used by you to a computer server designated by EXPLORE to receive uploaded photos or the sharing of links to online video content.

3. Capacity and Age
By uploading any digital imagery for possible display by EXPLORE, you warrant that you are at least 18 years of age and otherwise able to enter into a binding contract under your Local, State or Country law. If you are under 18 years of age, you may not upload any digital imagery for possible display by EXPLORE. Your parent or guardian may upload photos on your behalf, provided they personally agree to these Terms and Conditions.

4. Ownership
By uploading any digital imagery for possible display by EXPLORE, you warrant that you own the copyright to such digital imagery and/or have acquired, have been assigned, or otherwise possess the right, license, and/or authorisation to use and/or display any such digital imagery. You further warrant that you are legally permitted and authorised to grant to EXPLORE the licenses and permissions outlined in this Agreement as to any such uploaded digital imagery and any individual(s) displayed in such digital imagery. You furthermore warrant that you are the parent or legal guardian or have obtained permission from the parent or legal guardian of any minors identifiable in the photograph.

5. Licence and Permission to Alter
(a) By uploading any digital imagery for possible display by EXPLORE, you grant permission and licence to EXPLORE to display such digital imagery (including any information you supply regarding your name, suburb and city) without any cost to EXPLORE or compensation paid to you by EXPLORE or any other party. You acknowledge that EXPLORE may display such Digital Imagery for marketing or communication purposes on media owned, controlled, or created by EXPLORE or at EXPLORE's direction. You grant EXPLORE permission and licence to modify and/or alter any such Digital Imagery as EXPLORE deems necessary and appropriate, at its sole discretion, and to display any such Digital Imagery as modified and/or altered by EXPLORE. Modification and/or alteration could include but is not limited to, cropping, resizing, and retouching. You waive the right to view or otherwise inspect and/or approve any version of any Digital Imagery uploaded before the display of any such Digital Imagery. The permissions granted in this paragraph are non-exclusive and non-transferable but are unrestricted, unconditional, unlimited, worldwide, irrevocable, and perpetual.
(b) By uploading any Digital Imagery for possible display by EXPLORE, you grant EXPLORE permission and license to use and display photographic image(s) of you, if you appear in any such photo. Further, you warrant that you have acquired, have been assigned, or otherwise possess the right, permission, and authority to grant EXPLORE permission and licence to use and display the Digital Imagery of all other individuals displayed in any such Digital Imagery on behalf of such individual(s) and you grant such permission and licence to EXPLORE on behalf of all such individuals. You further warrant that any such Digital Imagery does not depict subject matter that violates any laws or individual rights, or that the uploading of such Digital Imagery is not done with intent to harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to any individual or entity.

6. Authority to Display
(a) By uploading any Digital Imagery for possible display by EXPLORE, you acknowledge that EXPLORE has the right and authority to, at its sole discretion, decide whether, when, and for what duration, to display any uploaded Digital Imagery and that you have no rights or recourse concerning such decisions by EXPLORE. You further acknowledge that EXPLORE has the right to retain any Digital Imagery uploaded by you for whatever duration EXPLORE, at its sole discretion, deems necessary and appropriate and that EXPLORE may, at its sole discretion, dispose of or destroy any such Digital Imagery at any time and without any advance notice to you.

(b) By uploading any Digital Imagery for possible display by EXPLORE, you acknowledge that EXPLORE may agree to remove any Digital Imagery from the Gallery upon your request, but that EXPLORE has no responsibility to do so and is in no way liable to you for its failure to do so.

7. Crediting of Owner
By uploading any Digital Imagery for possible display by EXPLORE, you acknowledge that EXPLORE is not required to credit you as the original owner of the Digital Imagery. However, at EXPLORE’S discretion it may credit you as the original owner and if it does EXPLORE will make reasonable attempts to correctly attribute any uploaded Digital Imagery to you when displayed, but EXPLORE has no responsibility to correctly attribute any uploaded Digital Imagery to you and is in no way liable for its failure to attribute any Digital Imagery to you or for its incorrect attribution concerning any uploaded Digital Imagery.

8. Viruses
By uploading any Digital Imagery for possible display by EXPLORE, you warrant that the digital file(s) uploaded does not contain any computer virus, worm, or any disabling or damaging mechanism that could damage and/or disable EXPLORE's software or hardware or its services or facilities.

9. Privacy
By uploading any Digital Imagery for possible display by EXPLORE, you acknowledge that you have no privacy interest in any uploaded Digital Imagery and further acknowledge that you gave your full consent for EXPLORE to display the Digital Imagery as it sees fit.

10. Technical Difficulties
By uploading any Digital Imagery for possible display by EXPLORE, or attempting such upload, you acknowledge that EXPLORE is not responsible for the failure of any Digital Imagery to properly upload, or the loss of any Digital Imagery or other data in the upload process, whether as a result of technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or delayed uploads, whether caused by you or hardware and/or software in your ownership or control or by EXPLORE, or its agents or contractors, or hardware and/or software in the control or ownership of EXPLORE, or its agents or contractors.

11. Disputes
By uploading any Digital Imagery for possible display by EXPLORE, you agree that any dispute related to this agreement will be heard and decided in the State of Queensland, Australia.

12. Waiver of Claims
By uploading any Digital Imagery for possible display by EXPLORE, you waive all claims against EXPLORE and any of its related entities, and any current, former, or future employee or agent of EXPLORE and its related entities related to the upload, display, retention, and/or disposal of any uploaded Digital Imagery, including, but not limited to, claims related to the loss or destruction of any uploaded Digital Imagery or for copyright infringement, invasion of privacy, defamation, or unlawful appropriation of any individual's image or likeness. You acknowledge that EXPLORE is not responsible for the acts of third parties related to any Digital Imagery uploaded by you, including the re-display of any such Digital Imagery on or in any media and in any form.

13. Indemnification
By uploading any Digital Imagery for possible display by EXPLORE, you agree to indemnify and hold harmless EXPLORE, its related entities, and any current, former, or future employee, agent, or contractor of EXPLORE and its related entities for any actions, claims, liabilities, damage, costs, or expenses resulting from your breach any provision of this Agreement.

14. Waiver and severability
Any failure to insist upon or enforce any provision of the Agreement shall not be construed as a waiver of any provision of this Agreement. If any term or provision of this agreement is unenforceable for any reason, that portion is deemed severed, and the remainder of the agreement shall remain in full force and effect.

15. Entire Agreement
This Agreement represents the entire agreement between you and EXPLORE and contains all the agreed terms and conditions. No other agreements or understandings, oral or written, regarding the subject matter of this Agreement will be deemed to exist to bind you and/or EXPLORE.

End