Legal

About this site

The Cybersmart website was developed by the Australian Communications and Media Authority  (the ACMA) as a part of the Australian Government's cybersafety program. Cybersmart provides resources, educational activities and practical advice to help young kids, kids, teens and parents safely enjoy the online world. Cybersmart also offers training and resources for schools and materials for library staff.

As part of the Cybersmart program, the ACMA will post articles relating to cybersafety issues on its Cybersmart blog, inviting comment from those who register on the site. From time to time it will also conduct Cybersmart forums, enabling further discussion about cybersafety-related issues. The blogs and forums are an opportunity for people to discuss and comment on cybersafety issues in a safe and moderated online environment.

The comments and discussions may be used by the ACMA for different purposes including the following:

• to determine topics for future articles or
• conduct research into cybersafety and community attitudes to issues related to cybersafety.

The articles posted on the Cybersmart blog and the topics of the Cybersmart forums, are general in nature and do not reflect the views, opinions or regulatory policies of the ACMA, or the Commonwealth Government. Nor do they constitute legal or technical advice from the ACMA or the Commonwealth.

Definitions

You and Your means the user of www.cybersmart.gov.au, including any Cybersmart account.

Site means the Cybersmart website, the Cybersmart blogs and the Cybersmart forum.

Our, Us and We means the ACMA.

The ACMA means the Australian Communications and Media Authority including its employees, contractors and associates.

The Commonwealth means the Commonwealth of Australia represented by the Chief Executive of the ACMA.

Terms of use

The Terms of use include this page as well as the following notices on the Cybersmart website:

• Disclaimer
• Copyright
• Privacy
• Intellectual property

This site is managed by the ACMA. We consider the Terms of use to be important because they protect Your rights.

The online forums and the Cybersmart blog on the Cybersmart website are moderated in accordance with the Moderation Policy below. Participation in and contribution to the Cybersmart blogs or forums on this Site includes viewing comments, as well as making Your own comments.

We will review your comments and make sure that they comply with the Acceptable use policy before they are published.

We will remove contributions if they do not comply with the Terms of use.

In entering and using this Site, You are taken to have accepted Our Terms of use on and from the date on which you first use this Site.

Please read them carefully. If you do not want to agree to comply with the Terms of use, please do not contribute to this Site.

On this page we outline the following:

• Registration
• Moderation policy
• Acceptable use policy
• Contributions in languages other than English
• Restriction or termination of access.

Registration

In order to post comments to this Site You will need to register, by creating a user (or screen) name and password. Users will be required to provide a valid email address, which is used to confirm the validity of the registration, as well as to enable the provision of new passwords where necessary. No other personal information is collected by the Commonwealth during this process.

It is strongly recommended that you do not use your real name as your user name. This will help protect your personal privacy.
By registering and contributing to this site You give warrant that all comments You contribute are your own and you give permission for your comments to be posted on the Site

Moderation policy

We welcome your participation in this site. To ensure that your contribution meets legal requirements and the discussion stays on track, all comments posted to this site will be moderated according to the Acceptable use policy set out below before they are published on This Site.

If We decide that your contribution does not comply with the Acceptable use policy, it will not be published.

We will not edit comments that do not meet the Acceptable use policy.

Moderation and publication of comments will take place during business hours, Monday to Friday, 9am to 5pm AEST. We endeavour to moderate all posts within one working day of receipt. You may submit comments at any time, but your comments will only be processed and published during these hours.

Acceptable use policy

When contributing your views to this Site, please ensure that you:

• tell us your views and opinions openly and honestly—we want to know what you think
• respect other peoples’ views, rights and opinions
• use appropriate language
• be polite, and courteous
• protect your privacy
• make comments that are relevant (or ‘on topic’) to the issues being discussed.

If you want to make comments/submissions on other topics, please contact us by email at cybersafety@acma.gov.au or using the contact form.

Please do not:

• include any personal information about yourself or other people which someone can use to identify you or someone else. This includes names, email addresses, home addresses and phone numbers
• include any photos, drawings, pictures, videos, website addresses, or links to other websites, in your submissions
• pretend to be someone else or pass off material that other people have written as your own
• misrepresent your relationship with another person or organisation use language, make comments or engage in conduct that is illegal or violates the legal rights of others.

This means that you must not do, say or post material that:

• is abusive, harassing, insulting, threatening, offensive, obscene or hateful
• is misleading, deceptive, false, or defamatory
• discriminates against people (treats someone unfairly) on the basis of age, sex, race or religion
• infringes the intellectual property rights of others. This means that you must not include words, sentences, phrases (including parts of written material) that other people have written
• distribute any comments posted on this Site by other people without the consent of the person who wrote the comments. This includes cutting and pasting comments and sending it to other people
• make the same comments repeatedly
• promote any commercial interests in your posts.

Submissions in languages other than English

Posts submitted in languages other than English will be held by Us until translated. All posts published to the Site will be in English.

Restriction or termination of access

The ACMA reserves the right to:

• restrict, suspend or terminate your access to all or any part of this Site and
• refuse, move or remove any of your contributions

if you do not comply with the Terms of use.

Variation of Terms of use

The ACMA may change the Terms of use from time to time without notice. By entering and using this Site, you are agreeing to comply with the Terms of use (as amended from time to time) on and from the date on which you first use this Site.

The current version of the Terms of use will always be freely accessible on the Cybersmart website at www.cybersmart.gov.au

This disclaimer is intended to be read in conjunction with use of this website.

The material on this website is general in nature. It is made available on the understanding that the Commonwealth is not thereby engaged in rendering professional advice.

Before relying on the material in any important matter, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes and should obtain any appropriate professional advice relevant to their particular circumstances.

The Commonwealth monitors the quality of the information available on this web site and updates the information regularly. However, the Commonwealth does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this web site or on any linked site.

In some cases, the material may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect the considered views of the Commonwealth, or indicate a commitment to a particular course of action.

Links to other web sites are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.

Copyright notice

© Commonwealth of Australia

The materials on this website constitute Commonwealth copyright. Unless otherwise indicated, you may download, store in cache, distribute, display, print and reproduce materials on this website in unaltered form only (retaining this notice, and any headers and footers that appear with the original materials) for your personal, non-commercial use or use within your organisation. Apart from any use permitted under the Copyright Act 1968, any relevant Creative Commons licence (see below) or under this copyright notice, all other rights are reserved.

If you have questions about the use of these materials or would like to apply for permission to use materials on this website, which is beyond what is permitted under this notice please contact:

Manager, Communications and Publishing
Australian Communications and Media Authority
PO Box 13112 Law Courts
Melbourne Vic 8010

Tel: 03 9963 6800
Fax: 03 9963 6899

Email: candinfo@acma.gov.au
Website: www.cybersmart.gov.au

Creative Commons licences

Certain materials on this website are licensed using the Creative Commons copyright licences identified in column 1 of the table below. Where materials are licensed using Creative Commons this will be expressly stated and signified by one of the relevant symbols shown in column 2 of the table.

If you use materials that are licensed under Creative Commons, you are also required to retain any symbols and notices that are included in the materials. Where there are no symbols or notices present on materials you must attribute the work and include a link to the Australian Communications and Media Authority's disclaimer for the materials, using the sample notice as set out in column 3 of the table below.

Creative Commons Licence	Relevant symbols	Attribution requirements
Creative Commons Attribution No Derivatives 2.5 Licence (BY-NC-ND)		Sample notice: Source: © Commonwealth of Australia <year of original publication>. Published by the Australian Communications and Media Authority and freely available at: <link to original work>. This work is licensed under a Creative Commons Attribution No Derivatives 2.5 Australia Licence (see: http://creativecommons.org/licenses/by-nc-nd/2.5/au/legalcode). A Legal Notice applies to the use of this material, see: Legal Notice: <link to legal notice>.
Creative Commons Attribution Non-Commercial Share Alike 2.5 Australia (BY-NC-SA)		Sample notice: Based on: © Commonwealth of Australia<year of original publication>. Originally published by the Australian Communications and Media Authority and freely available at: <link to original work>. This work is licensed under a Creative Commons Attribution Non-Commercial Share Alike 2.5 Australia Licence (see: http://creativecommons.org/licenses/by-nc-sa/2.5/au/legalcode). A Legal Notice applies to the use of these materials, see: Legal Notice: <link to legal notice (http://www.cybersmart)>.

If you republish materials that are licensed using Creative Commons,you are requested to notify the ACMA by email at: candinfo@acma.gov.au, including a link to the republished work. This is to assist in tracking the use of the ACMA's works and the innovative ways in which licensees use the works.

Read more about Creative Commons

Trade marks and logos

All intellectual property rights in trademarks and logos such as the ACMA logo, Cybersmart logo, the Cybersafety Outreach logo and Commonwealth Crest are reserved by the Commonwealth of Australia.

Legal Notice for Creative Commons Attribution No Derivatives 2.5 Australia Licence

Source: © Commonwealth of Australia.

This work constitutes copyright of the Commonwealth of Australia and is licensed under a Creative Commons Attribution No Derivatives 2.5 Australia Licence.

Disclaimer: The ACMA has taken reasonable care to ensure the information in this work is correct and accurate at the time of publication. However, the ACMA makes no warranties regarding the correctness of the information at later dates, and disclaims liability for damages resulting from its use. The ACMA recommends that users exercise their own independent skill and judgment when using this work and carefully evaluate the accuracy, currency, completeness and relevance of the material for their purposes.

The ACMA requests that if you republish this work, you notify the ACMA by email at: candinfo@acma.gov.au including a link to the republished work. This is to assist us in tracking the uptake of our works and the innovative uses that our licensees are making of our works.

Legal Notice for Creative Commons Attribution Non-Commercial Share Alike 2.5 Australia Licence

This work is based on materials that constitute copyright of the Commonwealth of Australia and is licensed under a Creative Commons Attribution Non-Commercial Share Alike 2.5 Australia Licence.

Disclaimer: The ACMA has taken reasonable care to ensure the information in this work is correct and accurate at the time of publication. However, the ACMA makes no warranties regarding the correctness of the information at later dates, and disclaims liability for damages resulting from its use. The ACMA recommends that users exercise their own independent skill and judgment when using this work and carefully evaluate the accuracy, currency, completeness and relevance of the material for their purposes.

The ACMA requests that if you republish this work, you notify the ACMA by email at: candinfo@acma.gov.au including a link to the republished work. This is to assist us in tracking the uptake of our works and the innovative uses that our licensees are making of our works. 

All personal information collected by the ACMA is protected by the Privacy Act 1988. We will only record your email address if you send us a message. Your personal information will be used for the purposes for which you have provided it and your email address will not be added to a mailing list unless you ask us to do so. We will not use your personal information for any other purpose or disclose it to another person except where it is necessary for the performance of the ACMA’s functions, where otherwise authorised or required by law or with your consent.

Note: When you send the ACMA email, or submit feedback using our feedback form, the content as it is transferred across the internet may not be secure. Contact us by telephone, facsimile or post if you have concerns about the security of your message.

The staff who operate the ACMA website are subject to the Commonwealth Privacy Act 1988. This Act lays down strict privacy safeguards which Commonwealth Government departments and agencies must observe in handling personal information. More information about the Privacy Act can be obtained from the

Privacy Commissioner's website

The data we collect when you visit our website

When you look at this website, our server makes a record of your visit and logs the following information:

• the user's server address,
• the user's top level domain name (for example, .com, .gov, .au, .uk etc.),
• the date and time of visit to the site,
• the pages accessed and documents downloaded,
• the previous site visited, and
• the type of browser used.

Reasons for collecting data

The data listed above is collected for the following purposes:

• website and system administration, including monitoring to prevent security breaches;
• enhancement of the website to the user's needs; and
• research and development.

Identified data can only be re-disclosed to the user if the user provides the unique request session number. No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise its authority to inspect the Internet Service Provider's logs.

Other data collected

In other areas of the site we may request data from you in order to register you as a member of the site, in order to enable you to participate in the interactive features the site offers. Data collected in this way will be stored securely, and will only be used for the purposes for which it was provided.

Please understand that when making a contribution on this Site, you accept responsibility for ensuring that in making your contribution your intellectual property rights are not lost or diminished. This is for your own protection.

The Commonwealth does not warrant that any material or information you contribute will be protected against loss, misuse or alteration by third parties. In particular, the Commonwealth does not warrant that you will not suffer loss or diminution of any intellectual property rights you currently own or may be able to obtain in relation to any material or information that you contribute.

If your contribution includes material in which the copyright is owned by another person or entity, you warrant that you have obtained all necessary permissions, authorisations, licences and consents required for the use of such materials and have made arrangements for the payment of any royalties or other fees payable in respect of the use of such material.

You agree to indemnify the Commonwealth against any loss, liability, claim, demand, damage or expense (including legal fees) asserted by an third party (including yourself) arising out of a breach of the warranty referred to above or of these terms and conditions.

While you retain your intellectual property rights to your content, you grant the Commonwealth a royalty-free and irrevocable world-wide licence, with the right to sub-licence, to do any act comprised in the copyright (including reproducing, publishing, performing or communicating to the public) in relation to the stories, material or information you contribute.