Terms of Service

Last modified on Oct 12, 2015

Vent’s Terms and Conditions of Use in full detail.

Suped Pty Ltd ACN 165 010 346 (Vent, we, or us) owns and operates the application for use on mobile devices called “Vent” and related website (collectively referred to as Site). These Terms and Conditions of Use (Terms) govern your access to and use of the Site, and any information, text, graphics, photos or other materials uploaded, downloadced or appearing on the Site (collectively referred to as Content).

Your use of the Site is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (including our Privacy Policy and Community Guidelines) and the Terms are legally binding on you. You must read these Terms carefully before your use of the Site.

We reserve the right to amend these Terms at any time. You will be deemed to have accepted the terms and conditions as amended by your continued access to and use of the Site.

Any content or information you provide to us will be dealt with in accordance with our Privacy Policy, which can be found by clicking here.

Intellectual Property

All information, text, material, images, audio, video, graphics, software and advertisements on the Site (Material) are copyright © 2015 Suped Pty Ltd ACN 165 010 346, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Material except as expressly provided on the Site, or expressly authorised in writing by us.

You must not use the Site trade marks, logos or other materials for any purpose without the prior written consent of Vent.

You may, subject to specific restrictions set out in these Terms, download Material from the Site solely for your personal, non-commercial use. You must not distribute such Material in any form to any third party. You agree not to change or delete any proprietary notices from any Material downloaded from the Site.

Age

No user is to upload Works to the Site unless the user is aged 13 years or older.

Registration

 Email

For increased anonymity, you may wish to set up an email account with an email provider who does not require you to enter any Personal Information to create the account. Not linking the email account to any of your other social media will also minimize the amount of Personal Information you are providing when you register to use the Site.

Security

Your user name and password are for your use only and are not transferable. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password.

We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) in relation to your account. Vent cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Content and Uploads

All information, text, graphics, photos, comments or other materials uploaded, downloaded or appearing on the Site (Content), whether publicly posted or privately transmitted, is the sole responsibility of the person who created such Content.

Vent does not take responsibility for such Content. Any use or reliance upon any Content or materials posted on the Site or obtained by you through the Site is at your own risk.

Vent does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content posted on the Site or endorse any opinions expressed on the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

Users must not:

  • upload any information, text, data, program or comments on the Site (Works) which are false, misleading or deceptive;
  • post or upload any Works which are libellous, defamatory or which discloses private or personal matters concerning any person, or any Works which are indecent, obscene or pornographic;
  • post or transmit any Works that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
  • post or transmit any file or data which contains viruses or any other contaminating or destructive features;
  • post or transmit any Works which are harmful, threatening, abusive or hateful;
  • post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes; and/or
  • use the facilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others
  • express or imply that any statements you make are endorsed by Vent without our specific prior written consent
  • post content which solicits passwords or personal identifying information for commercial or unlawful purposes from other users

If Vent suspects that material which has been uploaded contravenes any of the above conditions, Vent reserves the rights to take down that material without notice to the user who uploaded it.

Vent will not be responsible for any consequential loss or damage caused to the user by the removal of the material.

Vent reserves the right at all times (but will not be obliged) to remove or refuse to post any Content on the Site, to suspend or terminate registered users, and to reclaim usernames without liability to any such user or third party.

Vent also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

(a) satisfy any applicable law, regulation, legal process or governmental request;

(b) enforce the Terms, including investigation of potential violations thereof;

(c) detect, prevent, or otherwise address fraud, security or technical issues,

(d) respond to user support requests; or

(e) protect the rights, property or safety of Vent, its users and the public.

Community Guidelines

The Community Guidelines establish the boundaries for the content and behaviours that we expect from our users.  Vent reserves the right at all times (but will not be obliged) to remove or refuse to post any Content on the Site, to suspend or terminate registered users, and to reclaim usernames without liability to any such user or third party where the Community Guidelines have been determined to have been breached.

Copyright Policy

Vent respects the intellectual property rights of others and expects users of the Site to do the same.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us at help@vent.co. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  1. identification of the copyright work said to have been infringed;
  2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. your contact information, including your address, telephone number and an email address;
  4. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
  5. a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to the users involved. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.

Communication

The Site may now or in the future contain communication facilities such as forums and chat rooms, which provide for real-time communication between users of the Site, for feedback to us, messaging and notice services. We reserve the right (but not the obligation) to monitor such communication facilities and the communications and Content posted from time to time. While we reserve the right to monitor such communication facilities, we do not, cannot, and are under no obligation to, review all communications and third party materials posted or uploaded to the Site and are not responsible for the content of these communications and third party materials.

Vent does reserve the right to block, edit or remove from the Site communications and third party materials which Vent in its sole discretion determines to be abusive, defamatory or obscene, fraudulent, misleading or deceptive, a breach of any third party intellectual property rights, a breach of any law or these Terms, or offensive or otherwise unacceptable to the Company.

You acknowledge and agree that Vent has no control over users of the Site, and is under no circumstances liable for the behaviour, opinions or conduct of such users, including but not limited to any information, materials or advice provided by them, any defamatory or otherwise offensive statements.

Warranty

By uploading Works to the Site, the user warrants as follows:

1. That either:

(a) the Works contain no third party content (including music or images); or

(b)the user has obtained licences to include any third party content in the Works and to upload it to the Site, and holds the necessary rights to grant the Licence; and

2. That any person appearing in the Works consented to the use of their name and/or image and/or voice in the Works, the uploading of the Worksto the Site and the granting of the Licence;

(together, the Warranties).

Indemnity

You agree to indemnify Vent and keep Vent, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms, the Warranties or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person using your registered account.

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Vent account, which you may not be able to opt-out from receiving.

License to Vent

By using and placing any Works on the Site you grant Vent and its affiliates a world-wide, perpetual, non-exclusive, royalty-free licence to use the Works in any manner and in any medium, at Vent’s sole discretion, including to reproduce, transmit, distribute, adapt, publicly perform and display the Works subject to the Privacy Policy (through all media now known or hereafter created) (Licence).

You expressly waive in favour of Vent any moral rights or similar rights you have in any jurisdiction in respect of the Works. If requested by Vent you agree to enter into any further agreements necessary to document the licence and waiver set out above, at Vent’s expense.

You further grant all users of the Site permission to view your content for their personal, non-commercial purposes. If you make suggestions to Vent on improving or adding new features to the Site, Vent shall have the right to use your suggestions without any compensation to you.

Monitoring

Each user of the Site is responsible for the content he or she uploads to the Site. We do not actively monitor content and will not censor user content, except in the limited circumstances described above and in our Privacy Policy.

You can file a report that someone is uploading abusive, objectionable or threatening content to the Site either directly within the application or by emailing your report to moderator@vent.co.

Once you have submitted your report, we will review the reported user account, including any particular Vents that have been reported. If the Vent user has violated any of our policies set out in these Terms, we will take action, ranging from removing the reported content & warning the responsible user up to permanently suspending the user account of the person responsible for uploading the content.

If someone has used the Site to threaten or intimidate you, you should report the threat to the police so they can accurately assess the legitimacy of the threat. Vent does not have the ability to investigate and assess a threat, bring charges or prosecute individuals. If the police contact Vent to investigate a threat, we can work with them to provide the required information for their investigation.

Variation and Termination

These Terms shall continue to have full force and effect until varied or terminated by Vent. Vent reserves the right to terminate this agreement and your access to the Site at any time for any reason or for no reason.  The Terms relating to intellectual property, your licences to Vent, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.

Vent reserves the right to vary these Terms at any time, including by posting new or varied Terms on the Site. You will be given the opportunity to accept such varied Terms on your first visit to the Site after such variation occurs, and if you elect not to accept the Terms as varied your permission to use the Site will terminate immediately.

General

This agreement is governed by the laws of the State of Victoria, Australia.  You irrevocably submit to the jurisdiction of the courts of that State.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceable shall not affect the remainder of the agreement which shall continue to have full force and effect.

The waiver by Vent of a breach of these Terms by you shall not be construed as a waiver of any other breach of these Terms by you and shall not in any way restrict Vent’s right to exercise its rights pursuant to this agreement in respect of any other breach of these Terms.