Privacy policy | Slowman AU

Slowman Design Terms of Use

Last Modified: 24 January 2023

Welcome to the Slowman Design website and online services (collectively referred to as “Slowman Design Services”, "Slowman Design", "our", “us,” or “we”). These Terms of Use, along with our Privacy Policy, Video and Social Networking Policy (collectively “Terms”) govern your use of the websites, applications, and other products and services, including legacy services which are discontinued or supported by affiliated third party providers, offered by Slowman Design or its affiliates that include an authorized link to these Terms (collectively, the “Services”).

Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.

Certain Services are provided to you free-of-charge, while most other Services, including legacy services, require payment before you can access them. If you choose to subscribe to Slowman Design Services, please review the provisions of Section 8, in addition to all of the other provisions of these Terms. If you are not a subscriber of Slowman Design Services, then Section 8 does not apply to you.

The effective date of these Terms of Use is 24 January 2023. 

Related Documents:

Slowman Design Privacy Policy
> Video & Social Networking Policy
Online Advertising
Managing Cookies

1. Changes

These Terms are effective as of the Effective Date above. If you have not reviewed the Terms of Use applicable to a Service since the Effective Date, please review these updated Terms carefully before using any Service.

We may change these Terms in the future, so we encourage you to review periodically the Terms of Use applicable to each Service you use. The most current version of the applicable Terms of Use (along with its effective date) will be linked from each of the Services. If you do not agree with any changes to these Terms, your sole remedy is not to use the Services. If you continue to use the Services after we change these Terms, you accept all changes.

2. Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.

Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.

3. Registration and Access Controls

If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. In no case are persons under the age of thirteen permitted to use the Services.

You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

4. Intellectual Property; License

The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws in Australia, the European Union, the U.K., the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Slowman Design, Slowman Design will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 4(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

Without limiting the foregoing, you may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Slowman Design Services and Content; any the underlying technology utilized by the Services and Content; or any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Services or Content. This restriction includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Services and Content in any manner that enables users to view Content without: (i) visibly displaying both the Services and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Services are located; and (ii) having full access to all functionality of the Services and Content, including, without limitation, all video and image quality, display functionality and all interactive, elective or click-through advertising functionality.

a. Viral Distribution

We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. When expressly authorized by us in writing, you may share, refer to, link to and embed Content using the Services, provided you do not distribute, share, link to or embed the Services on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). You may not distribute, share, link to or embed the Services or Content into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.

Some Services may include “Edit Tools” that allow you to manipulate Content or combine User Submissions (as defined in Section 6) with Content to create “Custom Content” The following terms apply to your use of Edit Tools, except as specifically provided in other terms accompanying the Edit Tools:

  • You may only use designated Content with the Edit Tools, and we may revoke permission to use the designated Content at any time;
  • You may manipulate or combine the designated Content using the Edit Tools only as authorized and only for personal, non-commercial purposes;
  • As between you and us, we own all compilation rights in the Custom Content and may make perpetual and unrestricted use of the Custom Content;
  • You will only retain whatever prior rights you had in your User Submissions (in line with user generated content ownership rights); and
  • With our permission, other users of the Services may make subsequent Custom Content using your Custom Content.

In addition to the above list, you must include any required or existing trademark, copyright or other legal notices in the Custom Content and you must comply with any other usage or attribution guidelines we provide. If we expressly allow you to do so, you may distribute Custom Content under the Viral Distribution guidelines above in Section 4(a) of these Terms.

b. Commercial Licenses

You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.

5. Legal Complaints

Slowman Design respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints (links to other legal claims section)

6. User Submissions

Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Slowman Design and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. In the event that you delete a User Submission from the Services or user generated content from the Content, then the following list of points should be noted:

  • The User Submission may still exist in our backup copies, which are not publicly available;
  • If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make; and
  • We retain the license specified above.

Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to Slowman Design the license above and that your User Submissions do not violate Section 11.

7. Third-Party Content

We may provide third party content (including advertisements) or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services. In certain instances, you may be able to connect and/or link your account to certain third party social media sites ("Social Media Sites"), including, without limitation, LinkedIn, Facebook and YouTube. By connecting or linking your account to any social media site, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to the social media site (in accordance with your privacy settings on such social media site). If you do not want information about you to be shared in this manner, do not connect or link your account to any social media site. Please see our Video Services and Social Networking Policy for additional information.

8. Slowman Design Services and Products Subscriptions or Billing

This Section 8 contains additional provisions that apply if you subscribe to Slowman Design Services, Content and online store or third party products.

8.1 Slowman Design Services and Products Account Information. You can access and edit specific details regarding your subscription to Slowman Design services and products, including information concerning your credit card or other available payment method (“Payment Method”), on the website at any time by clicking on your name, which appears at the top of each page of the site when you are logged in, and then following the link to your Slowman Design services and products account.

8.2 Age Limitations. Individuals under the age of 18 may utilize Slowman Design services and products only with the involvement of a parent or legal guardian. You acknowledge that by using Slowman Design services and products, you may be exposed to Content that you find objectionable, and it is your sole responsibility to determine whether the Content in Slowman Design services and products is suitable for you. Some Content may not be suitable for people under the age of 18.

8.3 Device Requirements. To see if Slowman Design services and products is available for your device click here.

8.4 Payment. By providing Payment Method information for your Slowman Design services and products subscription, you are agreeing to pay a monthly subscription fee and any applicable taxes and service fees (“Fees”) in connection with your use of Slowman Design services and products. The Fees will be charged to your Payment Method automatically at the beginning of your subscription (or, as described in Section 8.9, at the end of your Trial Period, where applicable), and at the beginning of each monthly renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or Slowman Design services and products is suspended or terminated pursuant to these Terms. If your subscription begins after the 28th day of a month, then in any subsequent month in which that day does not occur, Slowman Design will charge your Payment Method on approximately the last day of such month. For example, if you started your subscription on January 31st, your next payment date will be approximately February 28th. The Fees charged to your Payment Method may vary from month to month due to changes in your subscription plan or applicable taxes, and you authorize Slowman Design to charge your Payment Method for these amounts. Slowman Design reserves the right to change the pricing of Slowman Design services and products at any time. In the event of a price change, Slowman Design will post the new pricing in Slowman Design services and products and] attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your Slowman Design services and products subscription as described in Section 8.6. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Slowman Design within 60 days after they first appear on an account statement. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.

8.5a No Services Fees Refunds. All fees are non-refundable unless otherwise specifically agreed to in writing. As described further in Section 8.6, even if you cancel Slowman Design services and products during a monthly subscription period, you will not receive a refund for any portion of the Fees for the remainder of that subscription period. In rare circumstances, we may provide a credit, refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

8.5b Refundable Products and Services. Slowman Design offers one-time (single use) and non-subscription based services and products in addition to those outlined in section 8.5a, which may be eligible for full or part refund pending review of terms and conditions related to the service or product. Such services and products may, at times, be promoted or sold as Slowman Design services and products. In the case where a service or product may be eligible for full or part refund, our criteria and process of review of acceptable circumstances as outlined in the terms and conditions specific to that service or product, will be made available for review at the time of purchase or upon receipt of quotation, or formalised sales order, or both.

8.5c Annual subscriptions. All annual basis subscription fees are non-refundable. Subscriptions to Slowman Design services and products which are billed for, and or due for renewal on an annual cycle are non-refundable. In some cases, annual subscriptions may include options for monthly, quarterly or semi-annual payment processing which automatically or maually schedule invoicing on a regular basis at set intervals throught the annual subscription period. Such cases are considered annual subscriptions and non-refundable.

8.6 Cancellation. You can cancel your subscription to Slowman Design services and products at any time by contacting our sales administration team (includes executive and or senior management personnel or commercial representatives with pre-approved sales administration rights), Monday to Fri 8.30 am to 4pm Australian Western Standard Time. Or by logging into your account on the Slowman Design website and clicking "cancel subscription." If you cancel your subscription, the cancellation will go into effect at the end of the then-current monthly subscription period. You will have continued access to Slowman Design services and products for the remainder of your paid monthly subscription period, but You will not receive a refund of any fees paid. You must cancel your subscription before it renews for the next month to avoid paying the Fees for the next month. In the case of annual subscriptions, you must cancel your subscription no less than 7 days prior to the deadline date of renewal (a day period being 24 hours, as outlined in Section 8.9). After cancellation of your subscription, you will continue to owe any accrued amounts due under these Terms and not yet paid. You acknowledge and agree that cancellation of your subscription is your sole recourse if you have any dissatisfaction, issue or concern related to Slowman Design services and products, its Content or features or these Terms, including Fees, applicable taxes, or billing methods; the selection of Content available to you through Slowman Design services and products; these Terms, including the Slowman Design Privacy Policy, or any changes thereto; or any other Slowman Design services and products policies or practices.

8.7 Unpaid Amounts. If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such amounts, as well as any costs that Slowman Design incurs in collecting any amounts you fail to pay in connection with Slowman Design services and products, including attorney and collections fees; (2) you authorize Slowman Design to continue charging your Payment Method, as your Payment Method information may be updated as described in Section 8.1; and (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your monthly subscription renewal.

8.8 Promo Codes. From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, subject to certain restrictions as determined by Slowman Design in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

8.9. Trial Period. Slowman Design may provide a limited free trial period (“Trial Period”) to new users and certain former subscribers at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. Slowman Design reserves the right, in its absolute discretion, to determine your eligibility for a Trial Period. The specific terms of the Trial Period will be stated in the marketing material describing the particular Trial Period. If Slowman Design provides you with a Trial Period, you must provide valid Payment Method information to Slowman Design in order to use Slowman Design services and products during the Trial Period. Slowman Design will not charge you in connection with the Trial Period. If you do not cancel Slowman Design services and products by the last “day” of your Trial Period, you authorize Slowman Design to begin your paying subscription and automatically charge your Payment Method for your first paying monthly subscription period at the end of your Trial Period. Slowman Design will not send you notice that your trial period has ended or that your paying subscription has begun. If you wish to avoid charges to your payment method, you must cancel the trial period prior to the last “day” of your trial period. A “day” for purposes of these Terms begins at the time you start your subscription (i.e., complete the sign-up process), and ends 24 hours later. For example, if you complete your registration at 3pm on a Monday in your time zone, and your Trial Period is 2 days, you have until 3pm on Wednesday in your time zone to cancel your subscription before your paying subscription will begin. You may only have one Trial Period before you must begin paying for Slowman Design services and products. If you exceed this limit, Slowman Design may charge your Payment Method for any Trial Period after the first, or suspend your use of Slowman Design services and products, in its sole discretion.

8.10 Maximum Streams. You may only use a maximum of two simultaneous streams (measured across all Content available on Slowman Design services and products) at any time regardless of the number of devices that Slowman Design permits you to use with Slowman Design services and products. Slowman Design may change the maximum number of simultaneous streams of Slowman Design services and products that you may use at any time in its sole discretion.

8.11 Quality of Service. The quality of the display of the streaming Content may vary from device to device, and may be affected by a variety of factors, including your location and the speed of your Internet connection. The time it takes to begin watching Content will also vary based on a number of factors, including your location, available bandwidth at the time and the configuration of your device. Slowman Design makes no representations or warranties about the quality of your watching experience on your device.

8.12 Updates and Testing. Slowman Design reserves the right to update and change Slowman Design services and products, including its features and the selection of Content available in Slowman Design services and products, at any time. In addition, Slowman Design reserves the right to test various aspects of Slowman Design services and products. Slowman Design reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice.

8.13 Slowman Design services and products-specific Emails. As part of Slowman Design services and products, Slowman Design may send you emails regarding the Content or Slowman Design services and products from time to time. You agree that Slowman Design may send you these types of emails to the email address that you provide. Because these emails are necessary for you to receive Slowman Design services and products, you agree that you will receive these emails even if you have opted out of receiving other email from Slowman Design. If you do not want to receive these types of emails, you may cancel Slowman Design services and products at any time as provided in Section 8.6.

9. Other Fee-Based Services

If you accept fee-based Services other than Slowman Design services and products, you agree to the additional terms governing all such purchases as provided to you or posted on the Services to which they apply, including all requirements to pay applicable fees and taxes. Except as otherwise provided in such additional terms, the provisions of this Section 9 apply to such fee-based Services.

Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.

Slowman Design reserves the right to change the pricing of all Services at any time. In the event of a price change, Slowman Design will post the new pricing on the relevant Service and attempt to notify you by sending an email to the address you have registered. Billing for all mobile subscription services will be governed by the Mobile Features section of these Terms (Section 10) unless the terms of the subscription say otherwise.

We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.

10. Mobile Features

In addition to the general terms applicable to the Services, the following terms apply to Services designed for wireless devices (“Mobile Features”), which we offer to users who are 18 years of age or older. These Mobile Featres are made available for use on an international basis and are not designated for use in specfic regions or limited to use in specified countries.

Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Features billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.

You may not transfer or copy any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.

To cancel a Mobile Feature that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Feature; otherwise, you will continue to incur subscription charges. If you stop a subscription-based Mobile Feature in the middle of a billing cycle, you will not receive a refund for that billing cycle.

11. Acceptable Use

Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:

  • Access the Services using any interface other than ours;
  • Maintain any link to the Services that we ask you to remove, in our sole discretion;
  • Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Slowman Design or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  • Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • Transmit files that contain malicious software or applications including viruses, spyware, adware, or other harmful code;
  • Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
  • Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
  • Interfere with others using the Services or otherwise disrupt the Services;
  • Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
  • Transmit, collect, or access personally identifiable information about other users without the consent of those users and Slowman Design;
  • Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
  • Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

If you violate this Section 11, Slowman Design may immediately terminate your access to the Services and take any other actions or seek any remedies permitted by law.

12. Access to Services and Accounts

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

  • Change or discontinue the Services;
  • Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
  • Remove Content from the Services;
  • Restrict, suspend or terminate your access to one or more Services or features thereof; and
  • Deactivate your accounts and delete all related information and files in your accounts.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If Slowman Design terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to Slowman Design services and products or another paid Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If Slowman Design terminates your access to Slowman Design Services, Content and Products or another paid Service because you breached these Terms, you will not be entitled to any refund.

13. Unsolicited Submissions.

Slowman Design does not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, suggestions, ideas or concepts. It is Slowman Design’s policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any Slowman Design creative work would be purely coincidental.

14. Indemnification

You will defend, indemnify and hold harmless Slowman Design, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Slowman Design Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). Slowman Design retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 14 without Slowman Design’s prior written approval.

15. Disclaimers; Limitation of Liability

Slowman design does not warrant: (1) that the services, any of the services’ functions or any content will be uninterrupted or free of errors or omissions; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. Slowman Design shall have no liability for any such issues. Slowman Design disclaim any express or implied warranties, including, without limitation, noninfringement, merchantability, fitness for a particular purpose, title, and as to quality, availability and subject matter of content. The Services, including all content and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.”

Your access to and use of the services (including their functions and content) is at your risk. If you are dissatisfied with the services, your sole and exclusive remedy is to discontinue accessing and using the services.

Slowman Design will not be liable for any failure or delay in their performance due to any cause beyond their reasonable control, including acts of war, acts of god, acts of third party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the internet or computer equipment.

Slowman Design will not be liable to you or anyone else for any special, indirect, incidental, exemplary, punitive or consequential damages in connection with the services (including their functions and content), your use of the services (including their functions and content), these terms or your user submissions, even if foreseeable or even if one or more of Slowman Design has been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct). In no event will Slowman Design’s liability for other damages exceed the amount paid by you to Slowman Design for access to the relevant service in the three months preceding the claim.

You acknowledge and agree that if you incur any damages that arise out of Slowman Design's acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting operation of the services or any other service, property, product, program, television show, motion picture, or other content owned or controlled by Slowman Design.

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.

16. Governing Law, Venue, and Jurisdiction

These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of State of Western Australia and the Commonwealth of Australia respectively. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Perth, Western Australia. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

17. Disputes; Arbitration

If you have any dispute with or claim against us or any of our affiliates (a “Claim”) arising out of or relating to the Services or these Terms, and the claim is not resolved by contacting our customer service administrator (including Slowman Design's executive or senior management personnel), you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the Australian International Arbitration Act 1974 governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 12 shall survive termination of this Agreement or any subscription that you may have to receive Content.

Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to Slowman Design a written notice of your claim (“Notice”). The Notice must (1) be sent by certified or registered mail; (2) be addressed to: Legal Department, Slowman Design, 6 Heidelberg Street, Aubin Grove WA 6170, Australia; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.

18. Miscellaneous

We may be required by law under the State of Western Australia or the Commonwealth of Australia respectively, to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy .

If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. If you are an Slowman Design services and products subscriber, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.

Sections 6 and 11-18 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

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Last Modified: 24 January 2023

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