Licence Terms and Conditions

Scope of the licence

Plastic Free Foundation (PFF) publishes certain materials on the Plastic Free July website, available at https://www.plasticfreejuly.org/resources (PFF Materials).

These Licence Terms set out the terms and conditions which govern your use of the PFF Materials. By using the PFF Materials, you agree to be bound by these Licence Terms and the Plastic Free July Licencing Guide available at https://www.plasticfreejuly.org/licensing.

1. 1. Grant of licence

      1. Subject to your compliance with clause 2, and for the period specified in the Plastic Free July Licencing Guide, PFF grants to you a licence to use the PFF Materials solely in accordance with the rights specified in the Plastic Free July Licencing Guide for the applicable Licence Tier and these Licence Terms.
      2. Notwithstanding anything else, the parties expressly acknowledge and agree that nothing in these Licence Terms transfers ownership to you of any Copyright or other Intellectual Property Rights in or related to any PFF Materials.
      3. You acknowledge that you have no right, title or interest in any PFF Materials except the licence set out in this clause 1.

   2. Payment

      1. In order to use the PFF Materials, you must pay the fee specified in the Plastic Free July Licensing Guide for the Licence Tier that applies to you by completing the registration process at https://www.plasticfreejuly.org/licensing.
      2. You agree that you will pay any fees, duties, taxes, levies or other liabilities imposed by any government agency in connection with these Licence Terms.

   3. Your use of the PFF Materials

      1. You must not, in connection with any use of the PFF Materials:
         1. use obscene, offensive, insulting or hateful language;
         2. abuse, bully, harass or threaten any other person;
         3. post anything which is likely to offend, insult or humiliate others;
         4. post anything which vilifies others on the basis of their race or religion;
         5. post anything which incites or induces violence, discrimination, harassment, victimisation or hatred towards others;
         6. make any defamatory, libellous or otherwise unlawful comments; or
         7. incite or encourage conduct that may constitute a criminal or civil offence or otherwise violate any law.
      2. You must not use the PFF Materials for any purpose that is unlawful or prohibited by these Licence Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of PFF or any other person.
      3. PFF reserves the right to at any time, and without notice, to require the removal of any PFF Materials where we consider that your use of those PFF Materials is not appropriate or otherwise violates these Licence Terms.

   4. Termination and suspension

      1. PFF reserves the right to terminate or suspend your right to use the PFF Materials at any time if you:
         1. breach these Licence Terms or the Plastic Free July Licensing Guide; or
         2. breach any law or do any thing which in PFF’s opinion would adversely affect its reputation.
      2. If PFF terminates these Licence Terms under clause 4(a)(1), PFF is not required to refund any portion of the fees paid by you in accordance with clause 3.

   5. Intellectual Property

      1. All Intellectual Property Rights in the PFF Materials are owned by PFF.
      2. “Plastic Free July” and all associated trade marks are owned by PFF.
      3. You must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or otherwise contained in the PFF Materials.
      4. You must not, and must not permit any of your employees, contractors or agents to:
         1. use any PFF trade marks, whether within the PFF Materials or not;
         2. make any representation to a third party that may imply a commercial relationship between you and PFF or that you are in any way involved in operating PFF’s business;
         3. deal with or encumber the PFF Materials for any purpose;
         4. licence, disclose or otherwise make the PFF Materials available to any third party for any purpose, other than in accordance with these Licence Terms and the Plastic Free July Licencing Guide;
         5. apply for a design, trade mark or other registration relating to the PFF Materials, whether in Australia or any other country;
         6. challenge or oppose, or assist a person to challenge or oppose, any application by PFF for a design, trade mark or other registration relating to the PFF Materials in any country;
         7. apply to remove or assist a person’s application to remove from the Register of Trade Marks a trade mark registration granted to PFF relating to the PFF Materials; or
         8. take any other action to invalidate, put in dispute or impair in any way PFF’s interest in, or use or exploitation of, the PFF Materials in any country.

   6. No reliance

      1. PFF does not provide any warranties, express or implied, in respect of the PFF Materials and is not required by these Licence Terms to perform any act in respect of the PFF Materials including maintaining or updating them or registering or maintaining any registration in respect of them.
      2. You acknowledge and agree that:
         1. the PFF Materials are provided on an “as is” basis and that any use of the PFF Materials is at your sole risk; and
         2. you do not rely on any warranty or representation of PFF, or any person actually or ostensibly acting on behalf of PFF, in respect of the PFF Materials.

   7. Liability and indemnity

      1. You indemnify PFF against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment arising out of or in connection with:
         1. your use of the PFF Materials; and
         2. any other act or omission by you in connection with these Licence Terms.
      2. To the full extent permitted by law, PFF will not be liable to you for any act or omission in connection with these Licence Terms or the PFF Materials and you release PFF from liability in respect of any claims arising out of or in connection with these Licence Terms or the PFF Materials.

   8. General

      1. These Licence Terms are governed by the laws of Western Australia and each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.
      2. These Licence Terms are the entire agreement between the parties in respect of its subject matter, and supersedes any prior agreements, negotiations or discussions.
      3. Any variation of these Licence Terms must be in a written document which is signed by the parties.
      4. Any waiver in relation to this deed must be given in writing and signed by the party granting the waiver.
      5. These Licence Terms are not intended to create any employment, agency, partnership or other similar relationship between PFF and you.

   9. Definitions

      Copyright in relation to the PFF Materials means the copyright subsisting in the PFF Materials and all other rights or forms of protection of a similar nature which may subsist in the Licenced Materials anywhere in the world.
      Intellectual Property Rights includes any patents, designs, copyright, trade marks and any right to use, or to grant the use of, or to be the registered owner or user of, any of them.
      Licence Terms means this document as updated from time to time at [insert].
      Licence Tier means the relevant licence tier set out in the Plastic Free July Licensing Guide.
      PFF Materials has the meaning given to it in clause 1 of these Licence Terms.
      Plastic Free July Licencing Guide means the licencing guide available at https://www.plasticfreejuly.org/licencing, as updated from time to time.
      you or your means the person or organisation who accepts these Terms, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities officers, employees, members and agents.