Privacy Policy
Terms and Conditions

Privacy Policy

Literatu and your personal information
The Literatu Privacy Policy sets out what personal information Literatu Pty Limited (Literatu, we or us) collect about you when you use the Literatu Web Cloud delivered platform and associated Apps for either free or for a fee.
Our policy identifies how we collect your personal information, how we hold it and to whom we disclose it.  Our policy lists the information we may collect from you when you use our website and applications known in the marketplace as Literatu and ACER Q. 

This Privacy Policy may be amended from time to time should our practices or any legislative requirements change.
 

Literatu Privacy Statement and Policy
What kinds of personal information do we collect and how?
The personal information we collect depends on your relationship with us – whether you are a teacher, student or parent. Base personal information we collect with your permission on registration to our website includes:
• your website registration and login information;
• your nominated email address
• your current name
• your country of domicile

Should we ever request further information to verify your account, we will only collect sensitive information from you or about you with your consent unless otherwise required or authorised by law.

When users submit information about themselves, it is assumed that the user has granted consent to our collection of that information.  When we obtain such information from a third party (such as through a school or institution at which you or your child studies), we will usually enlist that third party to obtain consent from you if that is required. Should that third party register an account in Literatu for you, it is assumed that consent was given.

What is our approach to collecting personal information about children?
We collect information about students who, for example, complete assessments at schools who use Literatu. In general, a person over 15 years will have the capacity to make his or her own privacy decisions.
For children who are under 15 years old, or who otherwise cannot make these decisions for themselves, Literatu will refer or deal with requests for access, consent and notices in relation to personal information to the parent and/or guardian or relevant school or institution to whom the user account is associated.  We will treat consent given by a teacher, parent and/or guardian as consent given on behalf of the child, and notices to the relevant school or other institution or teacher, parent and/or guardian will act as notice given to the child.

Children's on-line privacy protection
Literatu understands the importance of protecting children's privacy, especially in an on-line environment. Literatu will do everything it can to protect the privacy of minors.

When do we collect your personal information?
We may collect your personal information at any time when you contact us. In any of the following contexts (purchase or use our online product, register with us online, participate in online discussions, enter competitions, when you post to our social media pages (Twitter, LinkedIn and Facebook).

Are cookies and IP addresses used?
The Site uses cookies to identify you and your interests and to track usage of the Site. Cookies are small pieces of text stored on your computer that help us know which browser you are using and where you have been on the Site, and on Web sites to which you may link in order to use some of our features. By accepting our cookie, you will be permitted access to certain pages of the Site without having to log in each time you visit. If you prefer not to accept a cookie, you can set your web browser to warn you before accepting cookies, or you can refuse all cookies by turning them off in your web browser. A user who does not accept the cookie from the Site may not be able to access certain areas of the Site. Literatu also logs TCP/IP addresses, or the location of computers on the Internet, to help diagnose problems with our server and to administer the Site.
 

Why do we collect information - how we use and /or disclose?
We collect, hold and disclose personal information:
• when assessment data is collected from teacher initiated activities
• to inform parents of child assessment performance
• to inform teachers of student assessment information in both summary and detailed format; and
• to comply with our legal obligations.
 

How can you request not to receive direct marketing?      
You may ask us at any time to stop sending you direct marketing information or to stop being contacted by us.  You do this by sending an email to support@literatu.com. 
 

Who do we disclose your personal information to?
We may disclose personal information to the school to which students are connected and Parents of students.
 

Do we disclose your information overseas?
No. Never
 

How do we hold your personal information and keep it secure?
Literatu data is stored on servers provisioned in Amazon’s world class, highly secure AWS (Amazon Web Services) data centres. The customer’s country or region determines the storage location for that customer’s data. All data for Australian schools is located in the AWS Asia Pacific (Sydney) region.
AWS’s data centres utilize state-of-the art electronic surveillance and multi-factor access control systems. Data centres are staffed 24x7 by trained security guards, and access is authorized strictly on a least privileged basis.
Environmental systems are designed to minimize the impact of disruptions to operations. And multiple geographic regions and Availability Zones allow you to remain resilient in the face of most failure modes, including natural disasters or system failures.
 

How can you seek access to, and correction of your information?
You may request access to your personal information by writing to us or contacting us at any time at the details below.  We will promptly acknowledge receipt, and we will endeavour to deal with and respond to your request within a reasonable time (usually within one week).
If you think that any personal information we hold about you is inaccurate, incomplete, out-of-date or irrelevant, you may ask us to correct it. 
 

How can you seek further information or complain about a breach of your privacy?
If you have any questions about this Privacy Policy or consider that we have breached your privacy, you can contact us at:
The CEO
Literatu Pty Limited
103/109 Alexander Street
CROWS NEST NSW 2065 Australia
Email: team@literatu.com
Telephone: +61 2  9906 7023
We will investigate any complaint, and communicate with you as soon as practicable after it is received.

Terms and Conditions of use

IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.

Section 1 LITERATU TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY LITERATU PTY LIMITED (HEREINAFTER REFERED TO AS “LITERATU"). 
BY VISITING THE WEBSITES OR USING THE SERVICES OF LITERATU IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE ANY WEBSITES OR SERVICES. USE OF THE WEBSITES OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. FOR CLARITY, THIRD PARTY SOFTWARE MAY BE AVAILABLE VIA LITERATU WEBSITES OR SERVICES (“THIRD PARTY SOFTWARE”). SUCH THIRD PARTY SOFTWARE IS BEING PROVIDED BY SUCH THIRD PARTY AND NOT BY LITERATU, AND LITERATU HAS NO RESPONSIBILITY THEREFOR. IN ADDITION TO THE TERMS OF THIS AGREEMENT WITH RESPECT TO THIRD PARTY SOFTWARE, YOUR DOWNLOAD OR USE OF SUCH THIRD PARTY SOFTWARE SHALL BE GOVERNED BY THE TERMS OF ANY AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY.


1. ACCESS TO THE SERVICES
The LITERATU website (http://sea.literatu.com) and domain name and all other websites and domain names affiliated with LITERATU, and any other linked pages, features, content, or application services offered from time to time by LITERATU in connection therewith (collectively, the "Website") are owned or operated by LITERATU.

Subject to the terms and conditions of this Agreement, LITERATU may provide certain services through the Website (the “Services”), as described more fully on the Website. You may only use the Services for your internal, non-commercial, educational use. The term "Services" shall include, without limitation, any service LITERATU performs for you and the content offered by LITERATU on the Website. LITERATU may change, suspend or discontinue all or any part of the Services at any time. LITERATU also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. LITERATU reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the Website following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to LITERATU that:

(i) you are of legal age to form a binding contract (or, if you are a minor, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful;
(iii) you will maintain the accuracy of such information;
(iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. USE BY CHILDREN

LITERATU collects limited personal information from minor students, but only where that student's school, district, and/or teacher has contracted with LITERATU to collect personal information from students for the use and benefit of the learning environment. LITERATU requires schools, districts, and/or teachers to obtain parental consent from students' parents before collecting any such personal information. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services. In the event that we learn that we have collected personal information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Website, we will delete that information as quickly as possible. If you believe that a student may have provided us personal information beyond what is requested when signing up for the Website, or that a student's school, district, or teacher has not required parental consent prior to our collection of any personal information, please contact us at info@literatu.com


3. ADDITIONAL TERMS


For information regarding LITERATU’s treatment of personally identifiable information, please review LITERATU's current Privacy Policy available on the LITERATU web site, which is hereby incorporated into this Agreement by reference.
If you are a student, the following terms also apply to you: Remember, you must get your parent or guardian to read this Agreement before using the Website.
I. You will only register for and access the Services as a student registrant, and not as a teacher, school, district, parent, publisher, or any other category of user, whether offered by LITERATU now or in the future.
II. You will only access the Services using the User login email address given to you by your teacher.
III. If you are accessing the Services on behalf of a school or district, the following terms also apply to you:
You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13.
You must obtain advance written consent ("Consent") from all parents whose children will be accessing the Services. You are responsible for understanding how any Third Party Software that you install on behalf of yourself or other users may collect and use information of users of the LITERATU’s Services, and you must also obtain Consent from all parents whose children will be using any such Third Party Software that you install. When obtaining Consent, you must provide parents with a copy of our Privacy Policy (located at http://sea.literatu.com/terms). You must keep signed Consents on file and provide them to LITERATU upon our request. For more information on COPPA, please see www.ftc.gov/privacy.

You will only grant access to teachers and staff members who are current employees of your school, college or district. Upon termination of a teacher or other staff member's employment with you, you will require such individual to cease using all access permission he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify LITERATU immediately.

If you are accessing the Services as a teacher, the following terms also apply to you:
a) You represent and warrant that you have permission from your school, college and/or district to enter into this Agreement and to use the Services as part of your curriculum. You further represent and warrant that you are entering into this Agreement on behalf of your school and/or district, and that you have authority to bind your school and/or district to the terms of this Agreement.

b) You represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under 13. You must obtain Consent from all parents whose children will be accessing the Services. You are responsible for understanding how any Third Party Software that you install on behalf of yourself or other users may collect and use information of users of the LITERATU’s Services, and you must also obtain Consent from all parents whose children will be using any such Third Party Software that you install. When obtaining Consent, you must provide parents with a copy of our Privacy Policy (located at http://sea.literatu.com/terms). You must keep signed Consents on file and provide them to LITERATU upon our request. For more information on COPPA, please see www.ftc.gov/privacy.

c) If you are accessing the Services as a parent, the following terms also apply to you:
a. You will only use access provided to you by your child or children's teacher(s). You agree not to use any access code to access the account or information about anyone other than your child.
b. You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until after a parent has accepted this Agreement on their behalf.


4. WEBSITE CONTENT


The Website and its contents are intended solely for the personal, use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content")) are protected by copyright and other intellectual property laws.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:
(i) without the express prior written consent of the respective owners, and
(ii) in any way that violates any third party right.
The Website is protected by copyright, pursuant to Australian copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, non-commercial use is expressly prohibited without prior written permission from LITERATU or from the copyright holder identified in such Content's copyright notice. You shall not link to the Website without LITERATU's prior written consent, except in accordance with the terms of this Agreement.

In the course of using the Services, you and other users may provide information which may be used by LITERATU in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to LITERATU or in connection with the Services (collectively, "User Submissions"), LITERATU hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to utilize and exercise all rights with respect to such User Submissions (including all related intellectual property rights) in connection with the Website, the Services, and LITERATU’s (and its successors and assigns) business, including without limitation for promoting and redistributing part of all of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party website); however, LITERATU will only share your personally identifiable information in accordance with LITERATU's current privacy policy at http://sea.literatu.com/terms.

You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services (including without limitation any functions that limit other users’ ability to see the information in your LITERATU user profile) and under this Agreement. Furthermore, you understand that LITERATU retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you, subject to the terms of this Agreement. For clarity, the foregoing rights granted to LITERATU do not affect your ownership of or right to grant other non-exclusive licenses to the material in your User Submissions, unless otherwise agreed in writing.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that LITERATU will not be liable for any errors or omissions in any content. You understand that LITERATU cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, LITERATU cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. With respect to any particular Third Party Software, the licenses above in this paragraph are limited by any contrary terms of (a) the applicable Publisher Agreement entered by LITERATU and the third party publisher of such software and (b) the applicable End User License Agreement entered (via the Website) between the third party publisher of such software and the user of such Software.
Under no circumstances will LITERATU be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.


5. YOUR WARRANTY


You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable; or (iv) jeopardises the security of your account in any way, such as allowing someone else access to your account or password.
LITERATU reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if LITERATU is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not LITERATU, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to LITERATU and to grant LITERATU the rights to use such information in connection with the Services and as otherwise provided herein.


6. RESTRICTIONS
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any LITERATU user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You may not transfer your account to anyone without express prior written consent of LITERATU.


7. WARRANTY DISCLAIMER
LITERATU has no special relationship with or fiduciary duty to you. You acknowledge that LITERATU has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LITERATU from all liability for you having acquired or not acquired Content through the Services.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. LITERATU makes no representations concerning any content contained in or accessed through the Services, and LITERATU will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. LITERATU makes no representations or warranties regarding suggestions or recommendations of services or products (including Third Party Software provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided "AS IS" without any warranty of any kind from LITERATU or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" LITERATUSIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.


8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES.


9. REGISTRATION AND SECURITY
As a condition to using Services, you may be required to register with LITERATU and select a password and user name ("LITERATU User ID"), or you may be permitted to register a school “community” within the Website (“LITERATU Subdomain”). You shall provide LITERATU with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account and/or all accounts associated with your LITERATU Subdomain. You may not select or use as a LITERATU User ID a name of another person with the intent to impersonate that person or use as an LITERATU User ID a name subject to any rights of a person other than you without appropriate authorization, nor may you select or use an LITERATU Subdomain that you do not have the right and authorization to use. LITERATU reserves the right to refuse registration of or cancel an LITERATU User ID or LITERATU Subdomain in its discretion. You shall be responsible for maintaining the confidentiality of your password.


10. INDEMNITY
You will indemnify and hold LITERATU, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.


11. FEES AND PAYMENT;
Access to the LITERATU Service requires you to pay for certain special features or premium Content, including without limitation Third Party Software.


12. THIRD PARTY WEBSITES AND SERVICES
The Services may contain links or connections to third party websites or services that are not owned or controlled by LITERATU. When you access third party websites or use third party services (including, without limitation, your use of Third Party Software), you do so at your own risk. LITERATU encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
LITERATU has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, LITERATU will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Third Party Software). By using the Services, you expressly relieve and hold harmless LITERATU from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that LITERATU shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that LITERATU is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release LITERATU, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.


13. TERMINATION
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at info@literatu.com. LITERATU may suspend or terminate your access to the Services, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.


14. MISCELLANEOUS
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. LITERATU shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LITERATU's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by you except with LITERATU's prior written consent. LITERATU may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of law’s provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New South Wales, Australia, using the English language, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures commonly accepted in New South Wales. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in New South Wales, Australia. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind LITERATU in any respect whatsoever.


15. COPYRIGHT DISPUTE POLICY

It is LITERATU's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to info@literatu.com including:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that LITERATU is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received:

It is LITERATU's policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that LITERATU will terminate such content providers, member's or user's access to the Services.
C. Procedure to Supply a Counter-Notice
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to info@literatu.com including
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content providers, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content providers, member's or user's address is located, or, if the content providers, member's or user's address is located outside the United States, for any judicial district in which LITERATU is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, LITERATU may send a copy of the counter-notice to the original complaining party informing that person that LITERATU may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at LITERATU's discretion.

Please contact LITERATU's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Suite 103/109 Alexander Street
CROWS NEST SYDNEY, NSW AUSTRALIA 2065
email: info@literatu.com


16. APPLE DEVICE AND APPLICATION TERMS
Both you and LITERATU acknowledge that this Agreement is concluded between you and LITERATU only, and not with Apple, and that Apple is not responsible for the Application or the Content;
a. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable LITERATU, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
b. You will only use the Application in connection with an Apple device that you own or control;
c. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
d. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
e. You acknowledge and agree that LITERATU, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
f. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, LITERATU, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
g. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
h. Both you and LITERATU acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
i. Both you and LITERATU acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
17. CONTACT
If you have any questions, complaints, or claims with respect to the Services, you may contact us at info@literatu.com