By using this website, you agree to our Terms of Service.

Debenhamaustralia.com.au is a website dedicated to sharing information relating to the Debenham surname, for the purpose of tracing the Debenham family tree. Debenhamaustralia.com.au welcomes you to the site, and invites you to participate in the community by sharing knowledge and articles related to the Debenham surname with others interested in knowing more about the Debenham line. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the Debenhamaustralia.com.au community or otherwise access or use this site. These terms govern the use of the website www.debenhamaustralia.com.au.

1. Terms

Please read these Terms carefully before accessing or using the website. These Terms constitute an agreement between Debenhamaustralia.com.au and you and governs your permitted use of the website. By accessing or using the website in any manner, including without limitation by visiting or browsing the website or registering for an account on the Website, you affirm that you have read, understand, and agree to be bound by these Terms, as well as the Privacy Policy. Debenhamaustralia.com.au reserves the right, at its discretion, to modify these Terms at any time by posting revised Terms on the website and by providing notice via e-mail, where possible, or on the website. You shall be responsible for reviewing and becoming familiar with any such modifications. Your access to or use of the Services or website following such modification constitutes your acceptance of the terms and conditions of these Terms as modified. To reiterate, and for clarity, these Terms apply to all who access the website, including without limitation users who contribute content, information, and other materials or services, registered or otherwise. 

2. Contracts are Binding and Legally Enforceable — Please Read!

As stated above, these Terms constitute an agreement between Debenhamaustralia.com.au and you and governs your use of the website.

3. Age Eligibility

You must be at least 18 years old to access or use the website, including without limitation to complete a Debenhamaustralia.com.au account registration. By accessing or using the website, you represent and warrant that you are at least 18 years of age. If you are under 18 years old, you may not, under any circumstances or for any reason, access or use the website in any manner, and may not provide any personal information to or on the website (including, for example, a name, address, telephone number or email address).

4. Access to the Website

Any user of the website is welcome to participate in community discussions, to answer questions, and to share their knowledge with website community participants, provided that they comply with the obligations set forth in these Terms, and to the extent that use of the website does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. Debenhamaustralia.com.au reserves the right to refuse, suspend or terminate your access to the website if it determines, in its sole discretion, that you have in any way violated these Terms or are otherwise ineligible to access or use the Website or Services. If your actions are determined by us to violate these Terms, Debenhamaustralia.com.au may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in Debenhamaustralia.com.au’s sole discretion), then Debenhamaustralia.com.au may revoke your rights to the website.

5. User Obligations

• To access some of the website features you will need to register for an account as an individual and consent to these Terms. If you do not consent to these Terms, Debenhamaustralia.com.au reserves the right to refuse, suspend or terminate your access to the website.
• You are solely responsible for ensuring that your account registration is complete and remains up to date. You have the right to discontinue use of, or terminate, your account whenever you like, and subject to our Privacy Policy, control the use and sharing of your account information. Please note that any content or information you share publicly is governed by the terms described below in the section titled “Content Permissions, Restrictions, and Creative Commons Licensing,” and you should be aware that once you place content in the public sphere, you willingly give up some rights and control over such content.
• Debenhamaustralia.com.au strongly encourages you to review our Privacy Policy, which explains how we will handle, process, and use your personal data, and with whom, and how we will share this data.
• Debenhamaustralia.com.au is a community and we expect you to treat each member of the Debenhamaustralia.com.au community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another.

6. Content Permissions, Restrictions, and Creative Commons Licensing

Debenhamaustralia.com.au Content

All materials displayed on the website, including but not limited to text, graphics, logos,  photographs, images, illustrations, audio and video, and animations (collectively “Website Content”) (other than Website Content posted by individual “Subscriber Content”) are the property of Debenhamaustralia.com.au and/or third parties and are protected by Australian and international copyright laws (“Debenhamaustralia.com.au Content”).

All trademarks, service marks, and trade names are proprietary to Debenhamaustralia.com.au and/or third parties and use of the Website means you agree to abide by all copyright notices, information, and restrictions contained in any Website Content accessed through the Services.

The Website is protected by copyright as a collective work and/or compilation, pursuant to Australian copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Website Content, software, materials, or Services in whole or in part. You may download or copy the website Content, and other items displayed on the website for download or personal use provided that you maintain all copyright and other notices contained in such Public Content.

Any other downloading, copying, or storing of any website Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Debenhamaustralia.com.au or from the copyright holder identified in the copyright notice. Debenhamaustralia.com.au or third party licensors retain full and complete title to the all intellectual property rights therein.

Subscriber Content

You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, audio and video, animations (collectively, “Content”) that you provide to the website, is perpetually and irrevocably licensed to Debenhamaustralia.com.au on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC BY-SA 4.0), and you grant Debenhamaustralia.com.au the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content.

This means that you cannot revoke permission for Debenhamaustralia.com.au to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC BY-SA 4.0 license terms are explained in further detail by Creative Commons. You should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.

      7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT ALLOWED BY LAW, DEBENHAMAUSTRALIA.COM.AU DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. DEBENHAMAUSTRALIA.COM.AU PROVIDES NO GUARANTEES THAT THE SERVICES OR WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE WEBSITE, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE TERMS ON AN “AS IS” BASIS.

8. Indemnification

You will indemnify and hold Debenhamaustralia.com.au, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the website, use of Debenhamaustralia.com.au products or services made available on the website, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEBENHAMAUSTRALIA.COM.AU AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF DEBENHAMAUSTRALIA.COM.AU OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT DEBENHAMAUSTRALIA.COM.AU’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. General Provisions

a. Survival

The sections entitled “Terms”, “Contracts are Binding and Legally Enforceable – Please Read!”, “User Obligations”, “Content Permissions, Restrictions, and Creative Commons Licensing”, “Disclaimer of Warranties”, “Indemnification”, “Limitation of Liability”, “Assignment and Jurisdiction”,  “Survival”, “Merger and Severability”,  “No Waiver”, and “Headings” shall survive any termination or expiration of these Terms.

b. Modifications

Debenhamaustralia.com.au reserves the right, in its sole discretion, to modify or replace these Terms, or to change, suspend, or discontinue the website and/or any Services or Products at any time by posting a notice on the website or by sending you notice via e-mail or by another appropriate means of electronic communication.

c. Merger and Severability

The parties to these Terms are independent contractors and these Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Debenhamaustralia.com.au. These Terms represent the entire agreement between you and Debenhamaustralia.com.au and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the website or Services or Products contemplated hereunder. If any provision of these Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain and continue in full force and effect.

d. No Waiver

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

e. Headings

The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.