Terms of Use

‘Share My Story’ website

Terms of Use

You agree that access to and use of this website shall be strictly in accordance with, and governed by these legally binding Terms of Use in their unaltered form. If you do not accept these Terms of Use you must exit this website immediately. Use of this website, or access to any of the content on this website constitutes your acceptance of these Terms of Use.

The expression these “Terms of Use” includes:

In these Terms of Use:

  • the expression “the State” means the State of Queensland (including the Department of Transport and Main Roads)
  • the expression “Department of Transport and Main Roads” means the Queensland Department of Transport and Main Roads 
  • the expression “Kaltura” means Kaltura, Inc, the State’s subcontractor for video services
  • headings are for convenience only, and do not affect the interpretation of these Terms of Use.

1    Agreement

1.1    The "Share My Story Website" [www.sharemystory.qld.gov.au] is owned by the State of Queensland and operated by the Department of Transport and Main Roads.

1.2    These Terms of Use may be revised by the Department of Transport and Main Roads from time to time. Please refer to clause 5 below.

1.3    You are not granted any rights in or to the Share My Story Website other than the limited right to use the Share My Story Website according to these Terms of Use, and any Terms of Use that the Department of Transport and Main Roads may adopt from time to time.

2    Your use of the Share My Story Website

2.1    You agree that you will use the Share My Story Website in accordance with these Terms of Use and that you will not use the Share My Story Website for any unlawful purpose.

User Account Information

2.2    You may be required to create an account (“User Account”) before you can access certain parts of the Share My Story Website, or submit User Content (defined in 2.3 below). You are only permitted to create a User Account if you are aged 18 years or over.

You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. The State reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone submitting User Content which violates any law or is the subject of investigation relating to the possible violation of any law.

Intellectual Property in your User Content, and the licence which you grant

2.3    By submitting any information, concepts or other materials, including but not limited to images, videos, stories, recordings and/or comments (collectively, the “User Content”) whilst visiting the Share My Story Website, you automatically grant to the State, its affiliates and sub-licensees a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, transferable right and licence to do any act comprised in the copyright or other intellectual property rights in the User Content and to use the User Content in any manner and in all media (whether now known or later devised) throughout the world in perpetuity, without compensation, restriction on use, attribution or liability. This includes the right to edit, adapt, modify, change, add to, detract from, reproduce, distribute, communicate to the public (online, by email, or otherwise), publish, prepare derivative works of, display and perform the User Content in public, to use the User Content for any purpose, including but not limited to commercial purposes, and to authorise any other person to do any of those things. You agree that the User Content is, and will be, treated by the State as non-confidential. You warrant that you have the full authority to grant these rights.

2.4    You accept full responsibility for obtaining legal advice to ensure that in submitting User Content, your intellectual property rights are not lost or diminished. (This is for your own protection.) The State does not warrant that any User Content you submit will be protected against loss, misuse or alteration by third parties. In particular, the State does not warrant that you will not suffer loss or diminution of any intellectual property rights you currently own or may be able to obtain in relation to any User Content that you submit.

2.5    If your User Content includes material in which the copyright is owned by another person or entity, you warrant that you have obtained all necessary permissions, authorisations, licences and consents required for the use of such materials and have made arrangements for the payment of any royalties or other fees payable in respect of the use of such material. You agree to indemnify the State, its officers, employees, contractors and agents, and Kaltura, Inc. against any loss, liability, claim, demand, damage or expense (including legal fees) asserted by yourself or any third party arising out of a breach of that warranty or of these Terms of Use.

2.6    You and the State agree that the copyright in the User Content which you yourself create and submit to the Share My Story Website will be owned by you (subject to the rights of any third party), and will not vest in the State solely as a result of the publication of that User Content on the Share My Story Website and the operation of section 177 of the Copyright Act 1968 (Cth).

Moral rights

2.7    If you have any moral rights (or similar rights) in respect of User Content that you submit, you consent to the State and all other persons using the User Content from time to time in any way it wishes or they wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution. Immediately on such moral rights beginning to exist, you waive those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Content that you submit, you must ensure that they agree to the above (in respect of their moral rights) before you submit the User Content.

Access to and publication of your User Content

2.8    User Content that you submit may be made available on the Share My Story Website or any other website whatsoever. In addition, the State may enable or allow the users of third-party websites to access or view your User Content by linking either directly or indirectly to your User Content through the Share My Story Website (or some other website), for example by way of embedded links to your User Content being made available for upload onto third-party websites. Any use of the User Content by the State (on the Share My Story Website or otherwise) will be decided by the State in its sole discretion and the State is under no obligation to use User Content submitted by you in any way.

Responsibility for your User Content

2.9    You agree that you are fully responsible for the User Content you submit.  To the full extent permitted by law, the State and Kaltura, Inc, its subcontractor for video services (“Kaltura”), exclude all responsibility and liability which may arise from the posting or transmission of any unlawful information or User Content submitted by you (even if moderated or edited by the Department of Transport and Main Roads). To the full extent permitted by law, the State and Kaltura exclude all liability (arising in any way) for such Content. You agree that you shall be solely responsible for your own User Content and the consequences of publicly posting, uploading or publishing it through the Share My Story Website (even if the content has been moderated or edited by the Department of Transport and Main Roads).

Obligations about User Content and using the website

2.10    You warrant and agree that:

a.    you accept and will comply with the Share My Story Website Community Guidelines

b.    you will not submit any User Content:

(i)    that is subject of ongoing legal investigation or ongoing legal proceedings

(ii)    that is, or that includes any language, information or other content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive

(iii)    that is, or that the Department of Transport and Main Roads may deem to be:

A.    in breach of any intellectual property rights, privacy, publicity or other rights, or that discloses the confidential information of others

B.    defamatory, libelous, indecent, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, insulting, harassing, threatening, provocative, hateful (whether towards a certain group of people or otherwise), or discriminatory

C.    inciting hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;

D.    objectionable with respect to race, religion, origin or gender

E.    not suitable for children aged under 15

F.    otherwise inappropriate or unsuitable for publication.

(iv)    that is not directly related to road trauma

(v)    that contains any commercial advertising material or links to any commercial advertising material

(vi)    that contains any links to, or internet addresses for commercial or private websites, or any email addresses other than your own

(vii)    that includes any personal information (such as names, private addresses or phone numbers) of yourself or any other person or groups. 

c.    you will obtain prior consent from any living person or entity whose image or identifying description may appear in your User Content, and you will also obtain prior written consent in relation to the any property the image of which, or identifying description of which may appear in your User Content

d.    your User Content shall not contain viruses or cause injury or harm to any person or entity

e.    in creating your User Account, submitting User Content, or using the Share My Story Website, you will not:

(i)    impersonate any other person or falsely claim to represent any other person, whether living or dead, real or fictitious

(ii)    abuse, stalk, harass, threaten or otherwise violate the legal rights of others.

f.    you will not send multiple copies or versions of your contribution to the Share My Story Website other than as reasonably necessary in the course of normal use of the website

g.    without limiting the generality of the above, you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.


Security

2.11    You warrant and agree that in using the Share My Story Website, you:

a.    will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the website

b.    will not tamper with other persons' access to the website or commit unauthorised intrusion into any part of the website, including computers, files, accounts, networks and equipment

c.    will not attempt to bypass the network firewall

d.    will not use any part of the website for which you are not authorised, or devise ways to circumvent security in order to access part of the website for which you are not authorised. This includes but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not

e.    will not attempt to misuse the website. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, intentional invasion of privacy

f.    will not data mine or conduct automated searches of the website

g.    will not frame or mirror this website

h.    will not include links to this website (other than to the home page) from any other website except where this website indicates that it is acceptable to do so.


Copyright in the website, and how you can use material, etc on the website

2.12    You acknowledge that unless otherwise indicated by the State, and with the exception of User Content, the State claims that it owns, or is licensed to reproduce all copyright in the Share My Story Website and in the information and materials contained in the Share My Story Website (including but not limited to any text, images, audio, or video, software, HTML code), together with any trade mark/s, logo/s, icons, and/or any other material in or on the website in which intellectual property right/s are capable of subsisting.

2.13    You agree that apart from any material in which you own copyright, you will not do any of the following things with the Share My Story Website or any portion thereof (whether or not including User Content), regardless of whether doing the thing would infringe copyright or not:

a.    reproduce, duplicate, copy, adapt or modify it, perform it in public or communicate it to the public (whether online, by email, or in any other way), other than providing links to stories on this website

b.    sell or otherwise exploit it for any commercial purpose

c.    include it as part of any product or service that you create or distribute

d.    copy it onto your or anyone else's World Wide Website

e.    publish it any way

f.    infringe moral rights in it

g.    authorise any person to do any of those things, without the express prior written consent of the State or other relevant copyright owner or moral rights owner (as the case may require).

2.14    You may reproduce, or provide a link to, User Content contained on the Share My Story website for personal non-commercial home use on condition that you:

a.    do not modify it

b.    do not make or sell copies of it for commercial gain

c.    do not include it as part of any product or service that you create or distribute

d.    do not copy it onto your or anyone else's World Wide Website

e.    do not publish it any way

f.    do not infringe moral rights in it.

2.15    You may access User Content submitted by other users on the Share My Story Website solely:

a.    for non-commercial personal purposes

b.    as intended through the normal functionality of the Share My Story Website.

You agree that you will not use the Share My Story Website, or use or collect any information from the website to:

(i)    to invade the personal privacy of any other person or groups

(ii)    to conduct any illegal activity or solicit the performance of any illegal activity

(iii)    for any purpose that is inconsistent with these Terms of Use, or for commercial or illegal purposes (either in connection with conduct on the website or for activities outside of the website).

Indemnity which you give

2.16    Without limiting any other terms herein, you indemnify the State, its officers, employees, contractors and agents, and Kaltura Inc., for any breach of any of the terms or warranties contained in these Terms of Use.

2.17    You also agree to indemnify the State, its officers, employees, contractors and agents, and Kaltura Inc. against any loss, liability, claim, demand, damage or expense (including legal fees) asserted by any third party directly or indirectly out of or in connection with:

a.    your use of the Share My Story Website or any linked website

b.    your use of or reliance on information contained or accessed through the Share My Story Website

c.    your breach of these Terms of Use for the Share My Story Website.

Department of Transport and Main Roads discretion

2.18    While the Department of Transport and Main Roads reserves the right to monitor transmissions to the Share My Story Website, it is under no obligation to do so (apart from any obligation which may be imposed by operation of law and which is not able to be excluded). The Department of Transport and Main Roads reserves the right, at any time, for any or no reason, in its absolute discretion:

a.    to edit, to refuse to publish, or to remove any User Content

b.    to refuse to approve, or to terminate any User Account.

3    Exclusion or warranties, liability, etc

Exclusion of warranties

3.1    The Share My Story Website is provided on an 'AS IS' and 'AS AVAILABLE' basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.

3.2    To the maximum extent permitted by law, the State and Kaltura exclude, and do not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

a.    any material and/or information on the Share My Story Website

b.    the performance of the Share My Story Website

c.    the accuracy or currency of any User Content.

3.3    You acknowledge that neither the State nor Kaltura can confirm the identity of persons contributing to the Share My Story Website and cannot prevent users or contributors acting under false pretences. You must make your own inquiries and seek independent advice before acting or relying on any information or material which appears on the website.


Your risk

3.4    You obtain access to the Share My Story Website at your own risk and the State and Kaltura, Inc. accept no responsibility for any interference, loss, damage or disruption to your own computer system which arises in connection with your use of the website or any linked website. You must take your own precautions to ensure that the process which you employ to obtain access to the web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

No endorsement

3.5    Any User Content placed on the Share My Story Website is not to be taken as implying an endorsement or approval by the State of that User Content or the activities of any organisation or entity.

Exclusion of liability

3.6    Neither the State nor Kaltura accept any liability for the accuracy or content of any material contributed to the web site by other users.

3.7    To the maximum extent permitted by law, both the State and Kaltura exclude all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

a.    the use of, reliance on, or action taken as a result of, any information or material on the Share My Story Website, for business decisions or otherwise, whether such information or material is posted by another user (including the State’s officers, employees, contractors or agents whether in the course of their employment or otherwise) or otherwise

b.    accessing and using the Share My Story Website and/or participating in any on-line activities contained therein

c.    any interruption, suspension or termination of the Share My Story Website in whole or in part (including but not limited to User Content) for whatever reason

d.    any decision to remove User Content and/or terminate any User Account.

Release from claims, etc

3.8    You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, as well as Kaltura, Inc its subcontractor for video services, in connection with, or arising out of, or incidental to, your access to or use of the Share My Story Website, including but not limited to downloading any materials in or from the website, or submitting or accessing any User Content.

3.9    You release and indemnify the State, its related bodies corporate, directors, officers, employees, contractors, agents and representatives, as well as Kaltura from and against any liability for any loss or damage, however caused (including through negligence), which you or any other person may directly or indirectly suffer arising directly or indirectly out of or in connection with:

a.     your use of the Share My Story Website or any linked web site

b.    your use of or reliance on information contained or accessed through the Share My Story Website

c.    a breach of the terms and conditions of use for the Share My Story Website by any person; or

d.    the use by any other person of the Share My Story Website or information obtained from the website.

Software viruses, etc

3.10    Without limiting the above, neither the State nor Kaltura warrant that the Share My Story Website, or the server on which the Share My Story Website is hosted, is free of software viruses or defects. Accordingly, the State and Kaltura, Inc. exclude to the maximum extent possible any liability for any loss suffered as a result of any such viruses or defects.

Exclusion of liability – scope

3.11    The Department of Transport and Main Roads' and Kaltura’s exclusion of liability applies to claims whether in contract, tort (including, without limitation, negligence) or equity and even if the Department of Transport and Main Roads or Kaltura have been notified of the possibility of such loss or damage.

Your contribution to loss

3.12    You agree that any legal liability on the part of the State or Kaltura, Inc, will be reduced by the extent, if any, to which you contributed to the loss.

Non-excludable liability (if any)

3.13    These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

4    Third party websites

4.1    From time to time, the Share My Story Website will contain links to other websites owned and operated by third parties who are not under the control of the Department of Transport and Main Roads.

4.2    The State does not approve, endorse, recommend or sponsor these linked sites, their owners or operators, or any information, graphics, materials, products or services referred to or contained on those linked web sites, unless specifically stated.

4.3    The State is not responsible for the content of these linked websites and makes no representation as to the accuracy of any material on these websites.

4.4    The State and Kaltura, to the maximum extent possible, exclude liability for any loss suffered as a result of use of these third party websites, or reliance on the information contained on these third party websites.

5    Future changes

5.1    The State may amend, delete, add to, or otherwise revise any information or materials contained on the Share My Story Website at any time without notice, as well as these Terms of Use. It is your responsibility to monitor any such changes.

5.2    All changes are effective from the date they are posted on the Share My Story Website and your continued use of the Share My Story Website will constitute your acceptance of the variation of these Terms of Use.

6    Governing law

6.1    These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.

7    Jurisdiction

7.1    You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.

8    Invalid or unenforceable provisions

8.1    If a provision of these Terms and Conditions is found by a court of law to be invalid or unenforceable:

a.    it is to be read down or severed to the extent of the invalidity or unenforceability

b.    that fact does not affect the validity or enforceability of the remaining provisions.

‘Share My Story’ website

Privacy Policy

In this Privacy Policy:

  • the expression “the State” means the State of Queensland (including the Department of Transport and Main Roads)
  • the expression “Department of Transport and Main Roads” means the Queensland Department of Transport and Main Roads.

The ‘Share My Story’ website (www.sharemystory.qld.gov.au) is owned by the State and operated by the Department of Transport and Main Roads.

The Department of Transport and Main Roads is firmly committed to protecting your privacy. We understand and appreciate that visitors and users of the ‘Share My Story’ website are concerned about their privacy and the confidentiality and security of any information that may be provided to us. We therefore aim to maintain a safe and secure system of handling your personal individual information and to ensure that your personal information is handled in strict compliance with the Information Privacy Act 2009. .

The Privacy Act contains 11 Information Privacy Principles (IPPs) and is based on the objective that personal information held by Queensland Government agencies must be responsibly and transparently collected, stored, used and disclosed in accordance with the requirements of the IPPs. It addresses community concerns about any unauthorised use of personal information stored on paper or electronic databases and aims to give people some control over their personal information.

Personal information can generally include your name, address, phone number, email address, age, gender, your employer, and your position title.  It includes all information or opinions that could enable others to identify you.

Further information on the Privacy Act and its impact on the Department of Transport and Main Roads can be found at www.transport.qld.gov.au/Home/About_us/Publications/Privacy_plan.

We collect and manage your personal information in the ways described in this privacy statement. However, we may vary this from time to time and will notify you of changes by publishing them on this site.

Collection of Personal Information on the ‘Share My Story’ website

When you visit the ‘Share My Story’ web site, we (or agencies on our behalf) and our Internet Service Provider may monitor and make a record of your visit and log the following information for statistical purposes:

  • your server address
  • your top level domain name (for example .com, .gov, .au, .uk etc)
  • the pages you accessed and any documents downloaded
  • the previous site you have visited and the site you move to
  • the type of browser you are using
  • the date and time of your visit.

For example, this information may be used to find out how our website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times, so that we may evaluate and improve our website performance.

In terms of your personal information, we only collect information about individuals that is necessary for us to carry on our business functions, or that you otherwise provide to us (for example if you include personal information in your profile on the Share My Story website).

What information we collect depends upon the nature of our dealings with you. Generally we collect your personal information when you knowingly provide it to us, for example, this may occur when you create a user account or profile; upload a story, images or videos on the ‘Share My Story’ website; or otherwise make a request or enquiry.

In some circumstances if you do not provide the information that we request on the ‘Share My Story’ website, you may not be able to use all features or services of the website.

Use and Disclosure of Personal Information

We will use your personal information for the reasons we collected it and for other reasonable business and administrative purposes in that we may database, store and process information to provide you with the service you requested, to enable us to develop our products and business, or to customise services to better meet your needs and preferences.

We may also use your personal information for the following purposes:

  • statistical purposes
  • future promotional and marketing purposes
  • any other customer support purposes
  • any other purposes which you have agreed to.

For any of the above purposes we may contact you by electronic or other means.

Your personal information may be used by sub-contractors of the Department of Transport and Main Roads for our business and administrative activities only, however your information will not be disclosed to any other third party without your consent, unless required to do so by law.

For information about how we intend to review material which you submit for publication on the Share My Story web site, including the role of our moderators, please see the Frequently Asked Questions page.

You should be aware that material which you submit for publication on the Share My Story web site may be made available to all users of the web site and all internet users.

You should also be aware that, despite the terms and conditions of use of this web site and any technological protection measures taken by the Queensland Government, the following possibilities exist:

  • Although you may request that your personal information be removed from material which you have submitted for publication on the Share My Story web site, it is possible that third parties may store or cache parts of the web site containing your personal information so that your personal information will be available after deletion from the web site.
  • Third parties may locate your personal information through internet search engines, and it is possible that third parties may collect and use your personal information for inappropriate and potentially illegal purposes.

Our moderators may reject material which you submit for publication on the Share My Story web site or remove personal information from the message prior to publishing it on the web site if the moderator believes that the publication of the personal information is inappropriate. Despite the roles provided to moderators on the web site, you and the other posters remain responsible for the submissions published on the web site, and neither the Queensland Government nor the moderators are responsible for any loss or damage resulting from any acts or omissions of the moderators.  You should read the Terms of Use and Disclaimer for more information concerning the extent to which the Queensland Government’s liability is limited.

Email correspondence and other material sent to or submitted to the ‘Share My Story’ web site may be treated as a public record and retained in line with relevant legislation.

Email correspondence and other material sent to or submitted to the ‘Share My Story’ web messages may be monitored by the Department of Transport and Main Roadss web team for system troubleshooting and maintenance purposes. Emails in which assistance is requested may be forwarded to the relevant departmental officer.

Cookies

The Department of Transport and Main Roads' ‘Share My Story’ website uses cookies to provide a customised online experience.

A cookie is a message given to a web browser by a web server. The browser stores the message in a text file called cookie.txt. The message is then sent back to the server each time the browser requests a page from the server. Cookies are placed on your personal computer (PC) for the duration of a session and are used for session management purposes and do not contain any personal details. Periodically they can safely be deleted with no effect on future sessions.

Security

We recognise there can be risks with transmitting information across the internet.

We will take steps to:

(a)    make sure that the personal information we collect, use or disclose is accurate, complete and up to date

(b)    protect the information from misuse, loss or unauthorised access, modification or disclosure both physically and through computer security methods

(c)    destroy or permanently de-identify the information if it is no longer needed for any purpose.

Links to other websites

This website may contain links to non-Queensland government websites. the Department of Transport and Main Roads is not responsible for the privacy or security practices or the content of those websites.

Access to and Correction of your Information

If you would like access to any records of personal information we have about you or if you believe any information we have about you is inaccurate or out-of-date, please contact the Privacy Officer at:  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Please note that in some cases we may need to impose a charge for providing access to personal information to reflect the cost of collating this information and providing it to you.

Enquiries

If you have any queries about our privacy and security practices, please contact This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .