1. Introduction

1.1 This Site is operated by My Learning Space. We are a provider of web-based education services, this includes hosting, support and training for K-12 schools in Australia.
1.2 This Site is offered free of charge to you and your use of it is subject to these terms and conditions. Only those who accept these Terms are allowed to use this Site.
1.3 To use this Site and the materials it contains you must read and accept these Terms. Upon registering you accept that you are legally bound by these Terms. If you do not agree to be bound then please do not complete your registration.
1.4 You can gain different levels of access to this Site. You can simply browse this Site and view its contents however to experience its full potential (e.g. to interact with other users, develop materials through My Learning Space and submit content for publication) you must become a registered user. You will need to provide us with some personal details about yourself in order to become a registered user. Further information is set out in our Privacy Statement. You should read our Privacy Statement before registering located here .
1.5 We may update these Terms (including our Privacy Statement) from time to time. Changes will have immediate effect from the date of posting on this Site and you should therefore review these Terms regularly. Your continued use of this Site after changes have been made will be taken to indicate that you accept that you are bound by the updated Terms.
1.6 The information and content provided on this Site has been provided in English, which is the home language of the Site.

2. Conditions of Use of the Site and its Materials

2.1 A registered user will be able to:
    2.1.1 access and use this Site, and
    2.1.2 use the materials available via this Site upon the terms of the Creative Commons licence accessed through the following link http://creativecommons.org/licenses/by-nc-sa/2.1/au/ . In short, this allows you to use the My Learning Space Materials throughout the world without payment but for non-commercial purposes only. Please read the Creative Commons Licence in full before downloading or otherwise making use of the Materials. You must however read these rights subject to any restrictions on use applying to any Materials or part of them such as video and photographic images. If you do not agree to be bound by the Creative Commons Licence or any Special Restriction then you must not use this Site and its Materials.
2.2 We may bring any rights granted to you to an end at any time without necessarily providing notice to you.
2.3 When using Materials you must attribute us and any identified author in accordance with the terms of the Creative Commons Licence.

3. Conditions of Use - Submission of Material

3.1 As a registered user, you will be able to submit materials for publication from the My Learning Space Site.
3.2 By posting or submitting any material for inclusion on My Learning Space you confirm that it is:
    3.2.1 not defamatory or obscene;
    3.2.2 not in any way illegal or infringing any law or any persons rights;
    3.2.3 your own work and it can lawfully be published from this Site; and
    3.2.4 not as far as you are aware the subject of any dispute or court proceedings. You will allow us and all users of this Site to use all such materials on the terms of the Creative Commons Licence.
    3.3 We cannot promise nor guarantee that any or all of the materials you submit to My Learning Space will be posted onto or otherwise published via this Site. We may also delete materials from or modify materials appearing on this Site at any time and at our discretion.
3.4 You understand and accept that Submitted Materials that are published will appear on this Site for others to see and use.
3.5 In submitting material to this Site and in your general use of the Site you must not:
    3.5.1 do anything which may cause (whether on purpose or not) the introduction or spread of a virus;
    3.5.2 post any inappropriate messages (including outside the scope of any relevant discussion topic or course content). You may not for example post advertisements or chain letters or repeat irrelevant or identical messages or content or make any statement that is untrue or misleading;     
    3.5.3 impersonate another person;
    3.5.4 infringe our rights or the rights of any other user or third party; and
    3.5.5 use this Site unlawfully at any time. As such, you must ensure that you have the prior consent of all third parties whose work you have used in creating the Submitted Materials so that these can be used by others in accordance with the terms of the Creative Commons Licence.
3.6 Unauthorised use of My Learning Space or any part of this Site, or breach of these Terms (including the Creative Commons Licence) may give rise to a claim for damages and/or be a criminal offence.
3.7 You recognise and acknowledge that we and other users of this Site will be permitted to use in accordance with the Creative Commons Licence any materials created by you either as an original work or as a derivative of materials already submitted to this Site and which you have modified or altered in any way.

4. Rules of Use

4.1 Please be aware that a range of users will be accessing and using this Site. Any material you post must be thoughtful and considerate to others.
4.2 Please do not post any material which is misleading, untrue or false or which does not comply with applicable law.
4.3 If you are aware of any material posted on this Site by anyone which does not comply with these Terms then please Contact Us to report this. Include 'Misuse' in the Message Subject of the feedback form. Give us clear directions to where the misuse exists - including the web address and title of page.

5. Our and Third Party Proprietary Materials

5.1 This Site also contains proprietary materials which are owned by or licensed to us and which are not subject to the Creative Commons Licence.

These materials which will be identified include our logo and business names, certain photographic and video images, sound recordings and the design, layout and appearance of and graphics contained within this Site. These proprietary materials are protected by intellectual property rights. Unauthorised use of these materials may constitute intellectual property infringement.

6. Accuracy of Content and Information

6.1 Some of the information and content used in this Site, is provided by other users, members of the public and other third party organisations. Although we reserve the right to monitor information and content submitted and may take some steps to check that the same complies with the Rules of Use set out in Section 4 above, we cannot confirm that any posted information is accurate or up to date and you acknowledge that information and services offered via this Site may include inaccuracies or typographical errors.
6.2 We are further not able to guarantee that information contained on or available via this Site will continue to be accurate during the time of systems failure. You confirm that you have not relied on any such information and any arrangements made between you and any other person, using or named on this Site is entirely at your sole risk and responsibility.
6.3 Information contained in or accessible via this Site changes on a regular basis. We may make improvements or alterations to this Site at any time and without notice.
6.4 If any links to other websites appear on this Site we accept no responsibility or liability for the content of that website (whether under our control or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.
6.5 Should we link to other websites we will try to make it as clear as possible that you are leaving this Site. It is your responsibility to check the terms and conditions and privacy policy on any other website that you visit.
6.6 You may not through any submitted content create a hypertext link to a third party's website (home page, web page or documents contained within) without the prior consent in writing of us and the third party in question.

7. Liability

7.1 We do not guarantee that:
    7.1.1 use of this Site will be compatible with all hardware and software,
    7.1.2 use of this Site will be uninterrupted or error or virus free,
    7.1.3 use of this Site will deliver any specific outcome for its users, or
    7.1.4 defects will be corrected. You must take appropriate steps to ensure that you regularly check for viruses when using this Site on any device.
7.2 Inclusion on this Site of material submitted by users of it or other third parties does not constitute or imply any endorsement, authorisation or recommendation by us in relation to that material or of any opinions or other statements made within it. We can neither monitor nor enforce compliance of third party content with all applicable laws and regulations.
7.3 We make no statement about the suitability of the Materials, information and services contained on, or accessed via, this Site. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law. For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by third parties.
7.4 We further exclude to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any third party and arising out of or in any way connected with the use of this Site or the Materials, whether based on contract, tort, strict liability or otherwise.
7.5 You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms (including the Creative Commons Licence).

8. Complete Agreement

8.1 These Terms (including the Creative Commons Licence) and our privacy statement contain all the terms applicable to your use of this Site. Nothing contained on this Site is intended to be nor should be construed as an offer by us to enter into a contractual relationship with you or anyone else, except on these Terms.

9. Jurisdiction and acceptance of these Terms

9.1 These Terms and any dispute in relation to the materials available from this Site will be governed by Australian law. The Australian courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of this Site.
9.2 Your continued use of this Site indicates your acceptance of these Terms.