The Mooney Journal Terms and Conditions ("Terms", "Terms and Conditions")

Last updated: (19-10-2019)

1. Welcome to The Mooney Journal (https://themooneyjournal.com) (the "Service") and thank you for your interest in our content and use of our products and services.

 

2. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using The Mooney Journal (https://themooneyjournal.com) (the "Service", "us", "we", or "our"), operated by The Mooney Journal, Peter Mooney ABN 50 181 247 291 ("us", "we", or "our").

i. Children under 18 yrs old should not use The Mooney Journal (https://themooneyjournal.com) (the "Service", "us", "we", or "our") unless they are under the direct supervision of an Adult (18 yrs and over).

ii. These Terms & Conditions ("Terms", "Terms and Conditions") apply whenever you access this Site, regardless of how you access this Site.

 

3. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. If you disagree with any part of the Terms and Conditions, then you may not access or use The Mooney Journal (https://themooneyjournal.com) (the "Service") in any way, shape or form.

i. By accessing or using The Mooney Journal (https://themooneyjournal.com) (the "Service") you are acknowledging, accepting and agreeing to abide by and be bound by these Terms and Conditions.

ii. You agree that you will use this website - The Mooney Journal (https://themooneyjournal.com) (the "Service") in accordance with all applicable local, state, national and international laws, rules and regulations.

iii. You agree that you will not use, nor will you allow or authorise any third party to use this Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or in any other inappropriate way or in a way which conflicts with the Website or the Services.

iv. If you contribute to our forum (if any) or make any public comments on this Website - The Mooney Journal (https://themooneyjournal.com) (the "Service") which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

v. We reserve the right to refuse or terminate access to The Mooney Journal (https://themooneyjournal.com) (the "Service") to anyone at any time without notice or reason.

 

4. Your access if you live outside of Australia. We do not represent or warrant that this website - The Mooney Journal (https://themooneyjournal.com) (the "Service") or content contained herein, complies with the laws of any country outside of Australia.

i. If you reside outside of Australia and access and use this website, you do so at your own risk.

 

5. Provision of Service. The Mooney Journal (https://themooneyjournal.com) (the "Service") does not agree to provide this service forever and at its sole discretion, at any time and for any or no reason, we may limit, deny, modify or discontinue the service with or without notice to you.

i. The Mooney Journal (https://themooneyjournal.com) (the "Service") reserves the right, at its sole discretion, to deny further or continuing access to the Service to any visitor, including, without limitation, any user that The Mooney Journal (https://themooneyjournal.com) (the "Service") determines has violated any aspect of these Terms and Conditions.

ii. The Mooney Journal (https://themooneyjournal.com) (the "Service") reserves the right, at its sole discretion, to seek and obtain any other remedies available to it, pursuant to any applicable laws and regulations or at equity, as a result of your breach of these Terms and Conditions of use, or any other act or omission by you that gives rise to a claim by The Mooney Journal (https://themooneyjournal.com) (the "Service").

 

6. Other Services. The Mooney Journal (https://themooneyjournal.com) (the "Service") may also offer other services that are governed by different Terms and Conditions. In such cases the other Terms and Conditions will be posted on the relevant service to which they apply.

 

7. Using our Service. The Mooney Journal (https://themooneyjournal.com) (the "Service") does not give you ownership of any intellectual property rights in our Service or the content you access. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. These Terms and Conditions do not grant you the right to use any branding or logos used in The Mooney Journal (https://themooneyjournal.com) (the "Service"). Please do not remove, obscure, or alter any legal notices displayed in or along with our Service.

 

8. Our Service may display some content that is not The Mooney Journal’s (https://themooneyjournal.com) (the "Service"). This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

 

9. Communication with you. In connection with your use of The Mooney Journal (https://themooneyjournal.com) (the "Service"), we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.

 

10. Mobile Devices. The Mooney Journal (https://themooneyjournal.com) (the "Service") is able to be viewed on mobile devices. It is your responsibility to not use the Service in a way that distracts you and prevents you from obeying traffic, machinery or any other safety laws. Please do not take such safety risks that endanger yourself or others.

 

11. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "off-line readers," that accesses The Mooney Journal (https://themooneyjournal.com) (the "Service") in a manner that sends more request messages to the The Mooney Journal’s (https://themooneyjournal.com) (the "Service") servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

 

12. You agree not to collect or harvest any personally identifiable information, including account names, from The Mooney Journal (https://themooneyjournal.com) (the "Service"), nor to use the communication systems provided by The Mooney Journal (https://themooneyjournal.com) (the "Service") (e.g. comments, email) for any commercial solicitation purposes.

 

13. Change without notice. The information and data (content) on The Mooney Journal (https://themooneyjournal.com) (the "Service") is subject to change without notice.

 

14. Language translation services. If you use automatic language translation services in connection with The Mooney Journal (https://themooneyjournal.com) (the "Service") you do so at your own risk.

 

15. Downloaded Material. You expressly understand and agree that any material downloaded or otherwise obtained by you, through the use of The Mooney Journal (https://themooneyjournal.com) (the "Service") is accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material by you.

 

16. Changes to Terms and Conditions.

i. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. 

ii. Your continued use of the Service following the publishing of updated Terms and Conditions means that you accept and agree to the changes.

 

17. Business uses of our Services.

If you are using The Mooney Journal (https://themooneyjournal.com) (the "Service") on behalf of a business, that business accepts these terms and agrees to indemnify us and our affiliates, officers, agents and employees and hold us and our affiliates, officers, agents and employees harmless from any claim, suit or action arising from or related to the use of the The Mooney Journal (https://themooneyjournal.com) (the "Service") or violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs, solicitors fees and legal fees of every kind and nature incurred by you or any third parties through you.

 

18. Purchases.

i. Unless otherwise stated, all prices are quoted in Australian Dollars (AUD) and where applicable, are inclusive of Goods and Services Tax (GST) for all sales within Australia. We endeavour to ensure that all prices on our website are current. We reserve the right to amend our prices at any time.

ii. If you wish to purchase any product or service made available through The Mooney Journal (https://themooneyjournal.com) (the "Service") (“Purchase”), you may be asked to supply certain minimal information necessary to your Purchase, including without limitation, your name and email address, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

iii. You represent and warrant that:

1. You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and;

2. That the information you supply to us is correct and complete.

 

19. Third party services. The Mooney Journal (https://themooneyjournal.com) (the "Service") may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

20. Orders.

i. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:

1. Product or service availability.
2. Errors in the description or price of the product or service.
3. Error in your order or other reasons.

ii. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

21. Subscriptions.

Currently, there are no subscriptions available from The Mooney Journal (https://themooneyjournal.com) (the "Service").

 

22. Your Account.

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

23. Content.

i. You understand that by using The Mooney Journal (https://themooneyjournal.com) (the "Service") you may be exposed to Website Content that you may find offensive, indecent or objectionable and with regards to this, you use The Mooney Journal (https://themooneyjournal.com) (the "Service"), including obtaining and using any information, products and services, at your own risk. As a matter or courtesy and respect, please accept our apologies in advance for any discomfort you may feel – it is not our intention to offend anyone. We are only human.

ii. Content on The Mooney Journal (https://themooneyjournal.com) (the "Service") is not intended to be legal advice, nor form a Lawyer - Client relationship between the users (“you”) and The Mooney Journal (https://themooneyjournal.com) (the "Service"). Use of The Mooney Journal (https://themooneyjournal.com) (the "Service") should never be understood to be replacing use of qualified legal advice. The Mooney Journal’s (https://themooneyjournal.com) (the "Service") relationship to all content, documents and transactions completed using the Service is that of a trusted, disinterested third party.

 

24. Content errors, accuracy and corrections.

i. You acknowledge that the Content you access by using The Mooney Journal (https://themooneyjournal.com) (the "Service"), may contain typographical errors and other inadvertent errors or inaccuracies. We reserve the right to make changes to Content, including but not limited to changes to document names and Content, descriptions or specifications of the Services, or other information without obligation to issue any notice of such changes.

ii. We reserve the right to remove Content from the Services or replace such Content with a different offering if we no longer offer such Content.

 

25. Your Rights.

i. You retain your rights to any Content you submit, post or display on or through the Service. What’s yours is yours - you own your Content (your photos and videos are part of the Content).

ii. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

iii. This license authorises us to make your Content available to the rest of the world. You agree that this license includes the right for The Mooney Journal (https://themooneyjournal.com) (the "Service") to provide, promote and improve the Service and to make Content submitted to or through the Service available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

iv. Such additional uses by The Mooney Journal (https://themooneyjournal.com) (the "Service"), or other companies, organisations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

v. The Mooney Journal (https://themooneyjournal.com) (the "Service") has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

 

26. Registration.

i. In order to access some features of The Mooney Journal (https://themooneyjournal.com) (the "Service"), you will have to create a registered account.

ii. You may never use another person's account without permission.

iii. When creating your account, you must provide accurate, honest and complete information.

iv. You agree not to use a false email address or addresses, or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such information/content at any time without notice.

 

27. Passwords and logins.

i. You are solely responsible for maintaining the confidentiality and security of your passwords and login details and for all activities carried out on your account and under your password and login.

ii. You must notify The Mooney Journal (https://themooneyjournal.com) (the "Service") immediately of any breach of security or unauthorised use of your account.

iii. Although The Mooney Journal (https://themooneyjournal.com) (the "Service") will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of The Mooney Journal (https://themooneyjournal.com) (the "Service") or others due to such unauthorised use.

 

28. Links To Other Web Sites.

i. The Mooney Journal (https://themooneyjournal.com) (the "Service") may contain links to third-party web sites or services that are not owned or controlled by The Mooney Journal (https://themooneyjournal.com) (the "Service").

ii. The linked websites will have their own Terms and Conditions and you should read these yourself and become familiar with them.

iii. The Mooney Journal (https://themooneyjournal.com) (the "Service") has not reviewed the linked websites and has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

iv. You further acknowledge and agree that The Mooney Journal (https://themooneyjournal.com) (the "Service") shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

v. We make no warranties that the linked information and data is free of infection by computer viruses or other forms of contamination.

vi. Connecting by you to linked sites and/or downloading any information from linked sites is done entirely at your own risk.

 

29. All linked websites are linked "as is" and The Mooney Journal (https://themooneyjournal.com) (the "Service"),

i. Does not sponsor, endorse or necessarily approve of any material on websites linked from or to The Mooney Journal (https://themooneyjournal.com) (the "Service"),

ii. Does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to The Mooney Journal (https://themooneyjournal.com) (the "Service"),

iii. Does not make any warranties or representations that material on other websites to which The Mooney Journal (https://themooneyjournal.com) (the "Service") is linked, does not infringe the intellectual property rights of any person anywhere in the world and;

iv. Does not authorise the infringement of any intellectual property rights contained in material in other websites by linking The Mooney Journal (https://themooneyjournal.com) (the "Service") to those other websites.

 

30. Disclaimer of Warranties, Limitations of Liability and Indemnification.

i. Other than as expressly set out in these Terms and Conditions or additional Terms and Conditions, neither The Mooney Journal (https://themooneyjournal.com) (the "Service") nor its suppliers or distributors make any specific promises about the services used by you.

ii. For example, we don’t make any commitments about the content within The Mooney Journal (https://themooneyjournal.com) (the "Service"), the specific functions of the Service, or the reliability, availability, or ability to meet your needs.

iii. Every effort is made to ensure that the information provided on this Website - The Mooney Journal (https://themooneyjournal.com) (the "Service") is accurate and up to date, but no legal responsibility is accepted for any errors, omissions or misleading statements.

iv. Your use of The Mooney Journal (https://themooneyjournal.com) (the "Service") is at your sole risk.

v. The Service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

vi. We are not liable for damages, direct or consequential, resulting from your use of The Mooney Journal (https://themooneyjournal.com) (the "Service") and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of any third-party's rights.

vii. To the extent permitted by law, we exclude all warranties. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the The Mooney Journal (https://themooneyjournal.com) (the "Service") for personal use.

viii. Because The Mooney Journal (https://themooneyjournal.com) (the "Service") is not error or bug free, you agree that you will use the Service carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.

ix. We can't guarantee that the Service will be up and running 24hrs a day, each and every day. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the The Mooney Journal (https://themooneyjournal.com) (the "Service") is unavailable at any time or for any period, nor for any data loss.

x. The Mooney Journal (https://themooneyjournal.com) (the "Service") makes no warranty or representations, express or implied and disclaims all responsibility and liability for:

1. The completeness, accuracy, suitability of the information and data contained on this Service for any particular purpose, availability, timeliness, security or reliability of the Service or any Content.

2. Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content.

3. The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service and;

4. Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

xi. No advice or information, whether oral or written, obtained from The Mooney Journal (https://themooneyjournal.com) (the "Service") or through the Service, will create any warranty or representation not expressly made herein.

xii. The Mooney Journal (https://themooneyjournal.com) (the "Service"):

1. Makes no representations, express or implied, as to the accuracy or usefulness of any translation of the information on this Service;

2. Accepts no liability for any use of the said information and data or reliance placed on it (including translated information and data);

3. Accepts no liability for defamatory, illegal, or offensive User Submissions on the Site;

4. Makes no warranties that the said information and data is free of infection by computer viruses or other forms of contamination;

5. Makes no representations or warranties that the Site will be available at any future point in time, at any location in the world;

6. Does not represent or warrant that applications or payments initiated through this site will in fact be received or made to the intended recipient. Users are advised to confirm the application or payment by other means;

7. Does not make any warranties or representations that material on this Site does not infringe the intellectual property rights of any person anywhere in the world; and

8. Does not authorise the infringement of any intellectual property rights contained in material in this Site.

xiii. When permitted by law, The Mooney Journal (https://themooneyjournal.com) (the "Service") and The Mooney Journal’s (https://themooneyjournal.com) (the "Service") suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

xiv. The Mooney Journal (https://themooneyjournal.com) (the "Service") does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.

 

31. Copyright Intellectual Property Rights and Use Guidelines.

i. The Mooney Journal (https://themooneyjournal.com) (the "Service") and all of its original Content, features including the text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features and functionality, are owned by Peter Mooney - The Mooney Journal (https://themooneyjournal.com) (the "Service") and are protected by Australian and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

ii. These copyright laws impose substantial penalties for infringement and violators will be prosecuted to the full extent of the law.

iii. Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part of The Mooney Journal (https://themooneyjournal.com) (the "Service") (other than User Submissions) may be reproduced or reused for any other purposes whatsoever, without written permission from us, The Mooney Journal (https://themooneyjournal.com) (the "Service").

iv. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish (including on Internet Web Sites including third party web pages by any means, including “hot-linking”) any of our copyrighted material, except to the extent permitted by Peter Mooney’s - The Mooney Journal’s (https://themooneyjournal.com) (the "Service") Copyright Intellectual Property Rights and Use Guidelines. All artistic and moral rights of the author are hereby asserted. If you have doubts about whether and how to use of material on the Website, please address your concerns to us: themooneyjournal@gmail.com

v. For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of these Terms and Conditions, “Content” also includes all User Content (as defined below).

vi. All Content added, created, uploaded, submitted, distributed, or posted to The Mooney Journal (https://themooneyjournal.com) (the "Service") by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

vii. You acknowledge that all Content, including User Content, accessed by you using The Mooney Journal (https://themooneyjournal.com) (the "Service") is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting there from. We do not guarantee that any Content you access on or through the Service is or will continue to be accurate.

viii. By submitting public User Content through the The Mooney Journal (https://themooneyjournal.com) (the "Service"), you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Service and our successors’ and assigns’ businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds).

ix. For clarity, the foregoing license grants to The Mooney Journal (https://themooneyjournal.com) (the "Service"), do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing.

x. You represent and warrant that you have all rights to grant such licenses to us, The Mooney Journal (https://themooneyjournal.com) (the "Service") without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

xi. We do not guarantee that any Content will be made available on The Mooney Journal (https://themooneyjournal.com) (the "Service"). We reserve the right to, but do not have any obligation to:

1. Remove, edit or modify any Content in our sole discretion, at any time, without notice to you and 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 we are concerned that you may have violated these Terms and Conditions), or for no reason at all and;

2. To remove or block any Content from the The Mooney Journal (https://themooneyjournal.com) (the "Service").

xii. You are permitted to use the Service for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms and Conditions. Prohibited uses include violation of laws and regulations, hacking the Service in any manner, or violating the Content Standards set below.

xiii. No right, title or interest in or to The Mooney Journal (https://themooneyjournal.com) (the "Service") or any content on the Service is transferred to you and all rights not expressly granted are reserved. Any use of the Service not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and can lead to account termination.

xiv. The The Mooney Journal (https://themooneyjournal.com) (the "Service") may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the The Mooney Journal (https://themooneyjournal.com) (the "Service").

 

32. Law and Copyright Infringement.

i. We do not undertake to review all material before it is posted on The Mooney Journal (https://themooneyjournal.com) (the "Service") and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

ii. In the unlikely event we receive a disclosure request from an authorised party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order.

iii. You waive and hold harmless The Mooney Journal (https://themooneyjournal.com) (the "Service") (“us”) from any claims resulting from any action taken by The Mooney Journal (https://themooneyjournal.com) (the "Service") during or as a result of its investigations and from any actions taken as a consequence of investigations by either The Mooney Journal (https://themooneyjournal.com) (the "Service") or law enforcement authorities.

 

33. Geographic Restrictions.

i. We make no claims that The Mooney Journal (https://themooneyjournal.com) (the "Service") or any of its content is accessible, appropriate or legal outside of Australia. If you access The Mooney Journal (https://themooneyjournal.com) (the "Service") from outside of Australia, you do so on your own initiative and are responsible for compliance with local laws.

 

34. Governing Law and Jurisdiction.

i. These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New South Wales of Australia without giving effect to any choice or conflict of law provision or rule.

ii. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the The Mooney Journal (https://themooneyjournal.com) (the "Service") shall be instituted exclusively in the Courts of Australia.

iii. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

iv. These terms control the relationship between The Mooney Journal (https://themooneyjournal.com) (the "Service") (“us”) and you. They do not create any third party beneficiary rights.

v. If you do not comply with these terms and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

vi. If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

35. Waiver and Severability.

i. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and The Mooney Journal (https://themooneyjournal.com) (the "Service") (“us”) and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of the The Mooney Journal (https://themooneyjournal.com) (the "Service").

ii. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

36. Privacy Policy.

i. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

 

37. Return and Refund Policy for Digital Products.

See our Refund, Return and Repairs Policy for Digital Products

 

38. Self Defence and Debate.

In the event that you, or another person or persons directly or indirectly by and/or from and/or through you, choose not to participate in rational debate and instead, choose to maliciously attack The Mooney Journal and/or its writers, by any means, you and/or the other person/persons unequivocally agree, to:

1. Being singled out and named and shamed publicly online and;

2. Having the details of the attacker/s and attack/s being rigorously reported online as a matter of public interest.