Revision: 1
Date: 5 October 2010

In this Acceptable Use Policy "Embark", "We", "Us" or "Our" refers to Embark and “You” and “Your” refers to You.

This Acceptable Use Policy (AUP) describes uses of the Embark Wiki which are not acceptable and how to contact Embark if You have identified any issues with content on the Embark Wiki.

Acceptable use

You must not use the Embark Wiki:

  • to advertise for products or services which is not clearly marked as such;
  • to breach the law;
  • to cause (directly or indirectly) damage to any persons property;
  • in connection with prohibited or potentially prohibited content (as defined under the law);
  • in connection with restricted content (as defined under the law);
  • in connection with discrimination;
  • in connection with obscene, defamatory, offensive, abusive or illegal purposes;
  • impedes or makes more difficult the achievement of Embark’s objectives;
  • in connection with an infringement or third party rights; or
  • in connection with spam, SEO, back-linking, referral, hacking or other similar activities.

In any of the above circumstances, or any other circumstances which We reasonably believe brings Embark into disrepute or impacts negatively on Embark’s reputation or standing in the community (including repeated infringement of this Acceptable Use Policy), We may immediately delete Your account and remove Your access to the Embark Wiki without further notice.

Reporting AUP infringements

If a potential infringement of this Acceptable Use Policy comes to Your attention, You can report such matters to aup@embark.com.au

Takedown requests

If You believe that content on the Embark Wiki infringes Your rights and would like it removed, You make request that We contact the user who provided the material. To do so, please send Us the following information (using the numbering format below) by regular mail:

  1. Identify in sufficient detail the copyrighted work that You believe has been infringed upon, including if possible the URL at which it may be accessed.
  2. Identify the material that You claim is infringing the copyrighted work, including the URL on the Embark Wiki at which it may be accessed.
  3. Provide Your contact information, including Your email address if You have one.
  4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent, or the law."
  5. Include the following statement - "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. Sign the paper.
  7. Send the written communication to the following address:
    Embark Australia
    74 Moor St
    Fitzroy, Victoria 3065

Counter notification

The relevant user for a copyright work described above may make a counter notification in relation to the takedown request. When We receive such a counter notification, We may reinstate the material in question.

To file a counter notification please send Us the following information (using the numbering format below) by regular mail:

  1. Identify the material on the Embark Wiki which has been removed, including the URL when it could be accessed.
  2. Provide Your name, address, telephone number, email address, and
    If the complaint is made by a person within the United States, a statement that You consent to the jurisdiction of Federal District Court of the United States for the United States judicial district in which Your address is located (or Santa Clara County, California if Your address is outside of the United States), and that You will accept service of process from the person who provided the original takedown request described above (or an agent of such person)
    or
    If the complaint is made by a person outside the United States, a statement that You consent to the jurisdiction of the courts operating in that country), and that You will accept service of process from the person who provided the original takedown request described above (or an agent of such person).
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  4. Sign the paper.
  5. Send the written communication to the following address:
    Embark Australia
    74 Moor St
    Fitzroy, Victoria 3065