Terms of Participation and Use.

01Dear Humanity

Dear Humanity is a participatory cultural publishing project through which individuals may be invited to contribute a Page to a collective work known as Dear Humanity: Volume I ("Volume I" or the "Book").

Volume I is intended to contain up to 1,000,000 participant Pages.

Each eligible participant may contribute one Page to Volume I, subject to these Terms.

A Page may include an image, participant-written content, standard Dear Humanity text, identifying or descriptive information associated with the participant, a Page number and other elements determined by Dear Humanity.

Dear Humanity does not guarantee that Volume I will reach 1,000,000 completed Pages, that it will be completed within any particular period, or that any proposed future publication, physical edition, product, exhibition, documentary, marketplace, archive, event or other project will be produced.

02Eligibility

You must be at least 18 years old to participate in Volume I.

By participating, you represent and warrant that:

• (a) you are at least 18 years old;
• (b) the information you provide is accurate and not materially misleading;
• (c) you are participating on your own behalf;
• (d) you have legal capacity to enter into these Terms;
• (e) your participation does not violate any law or contractual obligation applicable to you;
• (f) you have all rights, permissions, licences and consents required for anything you submit; and
• (g) you are not prohibited by applicable law from using the Service.

Dear Humanity may take reasonable measures to verify eligibility, prevent fraud, protect the integrity of Volume I, enforce these Terms and comply with applicable law.

03One Person, One Page

Volume I operates according to the principle:

One person. One Page. One Volume.

Unless expressly authorised by Dear Humanity, a person may not obtain, create or control more than one participant Page within Volume I.

Attempts to circumvent this rule through multiple accounts, identities, email addresses, telephone numbers, payment methods, devices or other means may result in suspension, cancellation, restriction or removal.

Dear Humanity may use reasonable technical, administrative and fraud-prevention measures to identify suspected duplicate, fraudulent or abusive participation.

Dear Humanity does not guarantee that every attempt at duplicate or fraudulent participation will be detected.

04Invitations

Participation in Volume I is invitation-based.

An invitation:

• (a) may be personal to its intended recipient;
• (b) may identify the person who created it;
• (c) may contain a personal message explaining why the recipient was chosen;
• (d) may expire after a specified period;
• (e) may become invalid following acceptance, decline, expiry, cancellation or another specified event;
• (f) does not itself guarantee participation; and
• (g) remains subject to eligibility and availability within Volume I.

Invitations have no monetary value and may not be sold, auctioned, traded, commercially transferred or otherwise exploited for payment.

Dear Humanity may invalidate invitations reasonably believed to have been fraudulently created, manipulated, duplicated, sold, transferred or distributed contrary to these Terms.

05Accepting an Invitation

A person may receive invitations from more than one participant.

The first eligible invitation validly accepted by that person may become their permanent invitation path into Volume I.

Dear Humanity may permanently record that relationship as part of the historical provenance, invitation structure and participant tree of Volume I.

Once established, an invitation relationship ordinarily cannot be substituted for another invitation relationship.

Accepting an invitation does not guarantee that a Page will ultimately be sealed or included in Volume I.

06Creating Your Page

Participants may be permitted to create one Page.

The Page may include:

• the standard Dear Humanity opening;
• the participant's first name;
• one image;
• a written contribution within the permitted character limit;
• participant information;
• Page identifiers;
• publication information; and
• other standard elements forming part of Volume I.

The central question for Volume I is:

"If you could tell humanity one thing, what would it be?"

Dear Humanity may establish reasonable technical, editorial, formatting and presentation requirements for Pages.

07Participant Content

For these Terms, "Participant Content" means any material you submit, upload, enter, save, provide, send, transmit or otherwise make available to Dear Humanity in connection with the Service.

Participant Content includes, without limitation:

• images;
• photographs;
• illustrations;
• artwork;
• written messages;
• Page text;
• drafts;
• captions;
• invitation messages;
• responses;
• descriptions;
• uploaded files;
• text entered into Page creation tools;
• replacement versions of submitted content; and
• any other material supplied by you.

Participant Content becomes subject to the rights granted under these Terms from the moment it is submitted, uploaded, entered, saved, transmitted or otherwise provided to Dear Humanity.

Those rights do not commence only when a Page is sealed.

If you upload an image and later replace it, the rights granted in relation to the originally submitted image are not automatically revoked merely because you replace it.

If you submit, enter or save written content and subsequently edit, remove or replace it, the rights already granted in relation to the earlier submitted version are not automatically revoked.

08Ownership of Participant Content

Except for rights owned by Dear Humanity or third parties, you retain whatever ownership rights you lawfully hold in your original Participant Content.

Your ownership of Participant Content is separate from the extensive rights you grant Dear Humanity under these Terms.

By submitting Participant Content, you grant Dear Humanity the rights described in Sections 9 to 14.

09Licence to Dear Humanity

From the moment you submit Participant Content to Dear Humanity, you grant Dear Humanity a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence to use, host, store, retain, copy, reproduce, publish, print, display, communicate, transmit, distribute, disseminate, exhibit, perform, broadcast, make available, promote, advertise, market, format, edit for technical, editorial or presentation purposes, crop, resize, translate, transcode, adapt, arrange, compile, archive, preserve, incorporate into other works, create derivative materials from and otherwise commercially or non-commercially exploit that Participant Content, in whole or in part, in any media, format, technology or method of communication, publication or distribution now known or developed in the future, to the fullest extent permitted by applicable law.

This licence is granted immediately upon submission and does not depend upon:

• your Page being sealed;
• Volume I being completed;
• Volume I being publicly released;
• your continued use of Dear Humanity;
• your account remaining active;
• your continued approval of the Participant Content;
• Dear Humanity making any further payment to you;
• you receiving any future benefit from Dear Humanity; or
• the Participant Content remaining visible within your account.

The licence granted under these Terms survives account closure, suspension, termination, replacement or deletion of Participant Content, publication of Volume I and termination of these Terms to the fullest extent permitted by law.

10Commercial Use of Participant Content

The licence granted under these Terms expressly permits Dear Humanity to use, reproduce, publish, distribute, license, commercialise and otherwise exploit Participant Content in connection with or as part of:

• Volume I;
• the digital Book;
• physical books;
• printed publications;
• individual physical Page editions;
• one-of-one editions;
• limited editions;
• collector editions;
• archival editions;
• compilations;
• extracts;
• anthologies;
• exhibitions;
• installations;
• museums;
• galleries;
• events;
• documentaries;
• films;
• television programs;
• streaming productions;
• audiovisual productions;
• podcasts;
• audio productions;
• websites;
• applications;
• digital experiences;
• interactive experiences;
• virtual experiences;
• social media;
• marketing;
• advertising;
• publicity;
• press and media;
• editorial works;
• educational materials;
• historical archives;
• research projects;
• licensed products;
• merchandise;
• commercial partnerships;
• sponsorship materials;
• promotional campaigns;
• future Dear Humanity projects;
• future Dear Humanity Volumes where appropriate;
• retrospective works concerning Dear Humanity;
• compilations or selections of Participant Content;
• technologies or formats not presently existing; and
• other lawful commercial or non-commercial activities relating to Dear Humanity, its content, its history, its brand, its publications, its products or its business.

Dear Humanity may charge members of the public, customers, licensees, partners, publishers, broadcasters, institutions or other third parties for access to, copies of, products containing, experiences incorporating, licences involving or other uses of Participant Content.

11Third-Party Licensing and Authorisation

Dear Humanity may sublicense, license, assign the benefit of, or otherwise authorise third parties to exercise some or all of the rights granted under these Terms.

Those third parties may include publishers, broadcasters, streaming platforms, production companies, distributors, museums, galleries, archives, libraries, educational institutions, commercial partners, manufacturers, service providers, sponsors and other licensees or partners.

Except where required by applicable law or separately agreed by Dear Humanity in writing, Dear Humanity is not required to obtain additional permission from you each time it exercises or sublicenses rights already granted under these Terms.

12No Royalties, Revenue Share or Compensation

You acknowledge and agree that Dear Humanity may generate revenue and profit from Volume I, Participant Content, Pages and activities associated with Dear Humanity.

Except where Dear Humanity separately agrees otherwise with you in writing, you are not entitled to receive any:

• royalty;
• licence fee;
• usage fee;
• residual;
• commission;
• referral payment;
• revenue share;
• profit share;
• dividend;
• distribution;
• appearance fee;
• endorsement fee;
• compensation;
• proceeds of sale; or
• other payment

arising merely because your Participant Content, Page, image, message, name where lawfully permitted, invitation relationship or other contribution is used, reproduced, published, sold, licensed, distributed, displayed, exhibited, promoted, advertised, commercialised or otherwise exploited in accordance with these Terms.

Dear Humanity may retain any revenue and profits generated from those activities without accounting to you for any share of that revenue or profit.

You acknowledge that Participant Content may appear in products or services that are sold or licensed for profit and that you are not entitled to compensation merely because your Participant Content is included.

Your participation does not create a partnership, joint venture, agency, employment relationship, fiduciary relationship or profit-sharing arrangement between you and Dear Humanity.

13No Ownership or Financial Interest in Dear Humanity

Participation does not give you:

• shares;
• equity;
• securities;
• voting rights;
• ownership of Dear Humanity;
• ownership of Volume I as a collective work;
• ownership of Dear Humanity's intellectual property;
• an interest in Dear Humanity's revenue;
• an interest in Dear Humanity's profits;
• rights to another participant's Page;
• rights to another participant's Participant Content;
• rights to revenue generated by another participant;
• rights to revenue generated through your invitations;
• rights to revenue generated through your Branch; or
• any other financial interest in Dear Humanity.

14Moral Rights and Consents

To the fullest extent permitted by applicable law, you consent to Dear Humanity and any person authorised by Dear Humanity doing or omitting acts in relation to Participant Content that would otherwise infringe moral rights you may hold, where those acts or omissions are reasonably connected with exercising rights granted under these Terms.

Such acts or omissions may include:

• cropping or resizing images;
• changing dimensions or aspect ratios;
• reformatting material;
• changing layouts;
• adapting content between media;
• reproducing excerpts;
• combining Participant Content with other material;
• adding design, editorial or contextual material around Participant Content;
• translating Participant Content;
• displaying Participant Content without attribution where attribution is impracticable or inappropriate to the particular use;
• using only part of Participant Content; and
• making reasonable editorial, production, technical or formatting modifications required for publication, production, preservation, promotion or distribution.

Nothing in this section permits Dear Humanity to exercise rights beyond what applicable law allows.

15Representations and Warranties About Participant Content

Each time you submit Participant Content, you represent and warrant that:

• (a) you own the Participant Content or have sufficient rights, licences, permissions and consents to submit it and grant the rights contained in these Terms;
• (b) Dear Humanity's exercise of the rights granted by you will not infringe another person's copyright, trade mark, privacy, publicity, personality, confidentiality or other legal rights;
• (c) the Participant Content was not unlawfully obtained;
• (d) where legally required, identifiable persons appearing in Participant Content have consented to its contemplated use;
• (e) the Participant Content does not breach any contractual, confidentiality or other obligation owed by you to another person;
• (f) the Participant Content does not contain material you are legally prohibited from providing;
• (g) you have authority to enter into these Terms in relation to the Participant Content; and
• (h) your submission and Dear Humanity's permitted use of it will not violate applicable law.

16Your Image

The image submitted for your Page does not have to depict you.

It may depict another person, object, place, artwork, scene or subject, provided you have all rights and permissions required to submit it and grant Dear Humanity the rights contained in these Terms.

You are responsible for determining whether you have those rights and permissions.

Dear Humanity may request evidence of rights, ownership or consent where reasonably necessary.

17Freedom of Expression

Dear Humanity is intended to preserve individual human expression.

Participant messages are not required to be positive, inspirational, polite, popular, politically neutral or consistent with the opinions of Dear Humanity.

Publication, preservation or use of Participant Content does not mean Dear Humanity agrees with, endorses, supports or verifies the views expressed.

Participants remain responsible for their own statements and Participant Content.

18Prohibited Content

You must not submit Participant Content that Dear Humanity reasonably determines:

• constitutes child sexual abuse or exploitation material;
• unlawfully depicts or sexualises minors;
• constitutes non-consensual intimate imagery;
• contains credible threats of violence;
• unlawfully promotes or facilitates serious criminal activity;
• unlawfully discloses highly sensitive personal information about another person;
• infringes intellectual property rights;
• constitutes unlawful impersonation or fraud;
• contains malware, malicious software or harmful code;
• violates a binding court, tribunal or regulatory order; or
• is otherwise unlawful to possess, host, communicate, publish or distribute.

Dear Humanity may restrict, preserve, report, disable or remove material where reasonably necessary for legal compliance, safety, security, protection of rights or enforcement of these Terms.

Dear Humanity is not required to remove Participant Content merely because another person considers it offensive, controversial, unpopular or objectionable.

19Drafts and Unsealed Content

Content submitted while creating or editing a Page may be stored before sealing.

Drafts may be stored automatically to provide functionality including autosave, recovery, moderation, security, backups and technical operation.

The content licence contained in these Terms applies to Participant Content from the time it is submitted, including submitted drafts, saved versions and replaced versions.

Dear Humanity's receipt of rights in draft or unsealed Participant Content does not mean Dear Humanity will ordinarily present unfinished draft material as your final contribution to Volume I.

Your definitive contribution to Volume I will ordinarily be the Page ultimately sealed by you.

20Sealing Your Page

Before sealing your Page, you are responsible for reviewing it carefully.

Once you seal your Page, it becomes your definitive contribution to Volume I.

Except where required by applicable law or permitted by Dear Humanity in exceptional circumstances, a Sealed Page cannot be edited, replaced, withdrawn or resubmitted merely because you:

• change your mind;
• regret what you wrote;
• prefer another image;
• change your beliefs or opinions;
• want to rewrite your contribution;
• want a different Page number;
• no longer wish to participate;
• dislike how your contribution is received after publication; or
• expected Volume I to develop differently.

Permanence is a fundamental feature of Dear Humanity.

Dear Humanity may nevertheless restrict, remove, preserve, withhold, correct or otherwise deal with Participant Content where reasonably necessary for legal compliance, safety, security, fraud prevention, infringement claims, technical integrity or enforcement of these Terms.

21Meaning of "Sealed"

Before the public opening of Volume I, Dear Humanity intends to prevent ordinary public access to sealed Pages.

"Sealed" means that a Page is not ordinarily available for public viewing through Volume I during the sealed period.

"Sealed" does not mean that Participant Content is technically inaccessible to Dear Humanity or to every third party.

Authorised personnel, contractors and service providers may access Participant Content where reasonably necessary for:

• operation of the Service;
• hosting;
• backups;
• security;
• moderation;
• legal compliance;
• complaints;
• technical support;
• fraud prevention;
• investigation;
• preservation;
• enforcement of these Terms; or
• protection of Dear Humanity, participants or third parties.

22Publication and Permanence

You understand that Dear Humanity is fundamentally a publishing project.

The intended outcome is that Sealed Pages will eventually form part of a publicly accessible work.

You should not submit anything you are unwilling to have publicly associated with your Page after publication.

Following public release, third parties may independently photograph, screenshot, copy, quote, archive, index, discuss, analyse, reproduce or redistribute publicly available material beyond Dear Humanity's control.

Dear Humanity cannot guarantee that material made public can later be removed from all third-party services, archives, search engines, databases or records.

23Page Numbers

Dear Humanity may allocate Page numbers according to its systems, procedures and availability.

Unless expressly offered otherwise, participants cannot select, purchase, exchange, transfer or demand a particular Page number.

Page numbers may remain confidential until Dear Humanity elects to reveal them.

A Page number does not confer greater ownership, status, financial rights or entitlement than another Page number.

24Contributions and Payment

Where participation requires a financial contribution (the “Contribution”), the applicable amount, taxes and payment information will be disclosed during the relevant private participation process before payment is completed.

Contributions may be processed by third-party payment providers.

You authorise the applicable payment provider to process payment information supplied by you in accordance with its applicable terms and policies.

Your Contribution may be made before your Page is sealed. Making your Contribution does not itself seal your Page.

After making your Contribution, you will be given a specified period of time, displayed through the Service, to make any final changes and seal your Page. You are responsible for completing the sealing process before that period expires.

If you do not seal your Page before the displayed sealing period expires, your opportunity to seal that Page will expire and your place in Volume I may be released.

Dear Humanity does not guarantee that every attempted payment will be approved.

25Refunds

Please choose carefully before making your Contribution.

Your Contribution supports your participation in Dear Humanity and the creation, operation, preservation and delivery of Volume I. It is not conditional upon you ultimately completing the sealing of your Page.

Making your Contribution does not itself seal your Page. After payment, you remain responsible for reviewing and sealing your Page within the sealing period displayed to you through the Service.

Except where a refund or other remedy is required by applicable law, your Contribution is final and non-refundable if you do not seal your Page before the applicable sealing period expires.

This includes where you:

• abandon or leave the sealing process;
• choose not to seal your Page;
• change your mind after making your Contribution;
• fail to return and seal your Page before the displayed sealing period expires;
• allow your sealing period, invitation or eligibility to expire;
• regret participating;
• want another image or message;
• no longer wish to participate;
• do not wish to wait for Volume I to be completed;
• expected Volume I to complete sooner;
• dislike your Page number;
• decide not to create invitations;
• are unsuccessful in having invited people participate; or
• otherwise reconsider your decision.

Expiry of your sealing period does not, by itself, create an entitlement to a refund.

If you successfully seal your Page, your Contribution is also final and non-refundable for change of mind, except where a refund or other remedy is required by applicable law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified.

26Legal Operator

For the purposes of these Terms, the Service is operated by Oakley Equity Holdings Pty Ltd, ABN 39 691 699 11, trading and operating the Service under the Dear Humanity brand.

References in these Terms to "Dear Humanity", "we", "us" or "our" refer to the operator of the Service in that capacity.

27Completion of Volume I

Dear Humanity's objective is for Volume I to contain 1,000,000 completed participant Pages.

Dear Humanity does not guarantee:

• that 1,000,000 participants will join;
• that Volume I will be completed;
• when Volume I will be completed;
• that it will be completed within your lifetime;
• any particular rate of participation;
• any particular reveal or publication date;
• any particular level of public interest;
• any particular commercial success; or
• that every proposed future feature will be developed.

Your participation is not conditional upon Volume I reaching completion by any particular date.

28Your 10

After sealing a Page, eligible ordinary participants may be permitted to choose up to 10 people to follow them into Volume I.

Inviting other people does not create any financial entitlement.

A participant does not receive commissions, royalties, rebates, ownership rights, compensation or other financial benefits merely because another person accepts an invitation or participates.

Dear Humanity may establish rules concerning invitation expiry, invitation capacity, acceptance, declined invitations, replacement invitations and successful participation.

29Your Branch

Dear Humanity may permanently record how participation travelled from one participant to another.

A participant's "Branch" may include every participant who ultimately joins Volume I downstream from that participant's choices, through any number of generations.

There is no predetermined generation limit.

Branch relationships may be preserved as part of the historical provenance of Volume I.

A Branch:

• is not property;
• has no guaranteed monetary value;
• does not constitute ownership of another participant;
• does not entitle you to another participant's Participant Content;
• creates no entitlement to revenue;
• creates no entitlement to royalties;
• creates no entitlement to commissions;
• creates no equity interest;
• is not an investment;
• creates no partnership;
• creates no employment relationship;
• creates no fiduciary relationship; and
• does not give you control over any downstream participant.

Dear Humanity may display, visualise, archive, publish, analyse, commercialise or otherwise use invitation relationships and Branch information subject to applicable privacy and other laws.

30Invitation Provenance

Dear Humanity may retain historical records relating to invitations, including accepted, declined, expired, cancelled, superseded and unsuccessful invitations where lawful.

The permanent participant relationship used for the Volume I invitation tree is determined according to Dear Humanity's invitation rules.

Participants cannot demand alteration of historical provenance merely because they later prefer to be associated with another inviter.

31Future Products and Experiences

Dear Humanity may develop products, services or experiences associated with Volume I, Participant Content or the Dear Humanity project.

These may include:

• individual physical Pages;
• one-of-one editions;
• physical books;
• collector editions;
• archival editions;
• exhibitions;
• documentaries;
• films;
• television productions;
• streaming productions;
• digital experiences;
• interactive archives;
• installations;
• licensed products;
• merchandise;
• commercial collaborations;
• publications;
• events; and
• other products, services or experiences.

Participation does not automatically entitle you to receive any future physical or digital product.

Future products and experiences may be subject to separate pricing, availability, eligibility, terms, shipping costs, taxes and other requirements.

32No Collectible, Investment or Financial Guarantee

Dear Humanity does not represent or guarantee that:

• your Page has monetary value;
• any physical Page has monetary value;
• any edition or collectible will appreciate in value;
• a secondary market will exist;
• another person will purchase an item associated with your Page;
• participation is an investment;
• participation will create a financial return; or
• involvement in a Branch has monetary value.

33Account Security

You are responsible for maintaining the confidentiality and security of your account credentials.

You are responsible for activity occurring through your account to the extent permitted by law.

You must notify Dear Humanity promptly if you reasonably believe your account has been compromised.

You must not sell, transfer or provide another person with control of your participant account without Dear Humanity's authorisation.

34Suspension, Restriction and Termination

Dear Humanity may reasonably suspend, restrict or investigate accounts or access where necessary for:

• fraud prevention;
• security;
• legal compliance;
• suspected infringement;
• abuse;
• suspected duplicate participation;
• investigation of complaints;
• protection of participants;
• enforcement of these Terms; or
• preservation of the integrity of Volume I.

Suspension, restriction or termination does not automatically terminate rights previously granted in Participant Content.

35Content Removal and Preservation

Dear Humanity may restrict, remove, preserve, withhold, disable or otherwise deal with Participant Content where reasonably necessary for:

• applicable law;
• court orders;
• regulatory requirements;
• infringement claims;
• privacy;
• safety;
• fraud;
• security;
• technical integrity;
• protection of legal rights; or
• enforcement of these Terms.

Removal from public display does not necessarily require deletion from backups, archives, evidentiary records, fraud-prevention systems, security records or other records that Dear Humanity is legally entitled or required to retain.

36Survival of Participant Content Rights

To the fullest extent permitted by applicable law, the rights granted to Dear Humanity in Participant Content survive:

• editing Participant Content;
• replacing Participant Content;
• removing Participant Content from your active Page;
• sealing your Page;
• publication;
• completion of Volume I;
• account closure;
• account suspension;
• account termination;
• cessation of participation;
• discontinuation of the Service; and
• termination of these Terms.

Closing or deleting an account does not, by itself, revoke rights already granted to Dear Humanity.

37Privacy

Personal information will be handled in accordance with the Dear Humanity Privacy Policy and applicable law.

The content rights and licences granted under these Terms do not override rights or obligations that cannot lawfully be excluded under applicable privacy law.

Dear Humanity may collect and process information reasonably necessary for operation, security, administration, preservation and development of the Service, including participant details, account information, Page information, invitation relationships, technical information, transaction information and other information described in the Privacy Policy.

38Information About Invitees

When you create an invitation for another person, you may provide information about that person, including their name and a personal message.

You represent that you are authorised to provide that information for the purpose of creating and sending the invitation and that you will not use the invitation system to harass, threaten, impersonate or unlawfully disclose information about another person.

Dear Humanity may retain and process invitation information in accordance with its Privacy Policy and applicable law.

39Dear Humanity Intellectual Property

Except for Participant Content and third-party material, all intellectual property rights in Dear Humanity, including its branding, names, trade marks, design, software, code, databases, compilation, editorial arrangement, graphics, interfaces, invitation structures, Book architecture and original materials are owned by or licensed to Dear Humanity.

Nothing in these Terms transfers those rights to participants.

40Scraping and Automated Access

Unless expressly authorised by Dear Humanity or permitted by applicable law, you must not systematically scrape, crawl, harvest, reproduce, index, download or extract:

• Pages;
• Participant Content;
• participant information;
• invitation relationships;
• Branch data;
• Book content;
• databases; or
• other Service data.

Dear Humanity may implement technical controls intended to prevent unauthorised automated access.

41Security and Misuse

You must not:

• gain or attempt to gain unauthorised access;
• circumvent security or access controls;
• interfere with operation of the Service;
• manipulate Page allocation;
• manipulate invitations;
• manipulate Branch relationships;
• impersonate another participant;
• introduce malicious software;
• probe or exploit vulnerabilities;
• overload infrastructure;
• interfere with another participant's use of the Service; or
• otherwise intentionally misuse the Service.

42Third-Party Services

Dear Humanity may rely upon third parties for services including:

• payments;
• hosting;
• cloud infrastructure;
• authentication;
• communications;
• storage;
• analytics;
• security;
• content delivery; and
• other operational services.

Use of those services may be subject to additional third-party terms and privacy practices.

To the extent permitted by law, Dear Humanity is not responsible for independent acts or failures of third-party providers outside Dear Humanity's reasonable control.

43Service Availability

Dear Humanity does not guarantee uninterrupted, continuously available or error-free operation.

The Service may be affected by maintenance, technical failures, cyber incidents, communications failures, third-party service interruptions, infrastructure failures or other circumstances.

Dear Humanity may take reasonable measures intended to preserve Participant Content, Pages and historical project records, but does not guarantee that loss or corruption can never occur.

44Participant Opinions

Statements and opinions expressed in Participant Content belong to the participants who submit them.

Dear Humanity's publication, preservation, display, licensing or commercial use of Participant Content does not constitute endorsement, verification or adoption of those statements or opinions.

45Disclaimer

To the maximum extent permitted by law, Dear Humanity does not guarantee any particular:

• cultural outcome;
• historical significance;
• publicity;
• recognition;
• readership;
• audience;
• social outcome;
• emotional outcome;
• commercial value;
• collectible value; or
• financial outcome

arising from participation.

Nothing in these Terms excludes rights, guarantees or remedies that cannot lawfully be excluded.

46Limitation of Liability

To the maximum extent permitted by applicable law, Dear Humanity excludes liability for indirect, incidental, special or consequential loss arising from participation in or use of the Service where that liability may lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, statutory right or remedy where doing so would be unlawful.

Where liability may lawfully be limited, it will be limited only to the extent permitted by applicable law.

47Participant Responsibility and Indemnity

To the extent permitted by applicable law, you are responsible for loss, damage, liability, claims and reasonable costs suffered or incurred by Dear Humanity arising directly from:

• Participant Content you submit that infringes another person's rights;
• your fraudulent conduct;
• your unlawful conduct;
• your material breach of representations or warranties concerning rights or permissions in Participant Content; or
• your intentional misuse of the Service.

This section does not require you to indemnify Dear Humanity for liability that cannot lawfully be transferred to you.

48Changes to the Service

Dear Humanity may develop, modify, improve, replace or discontinue features, functionality, interfaces, presentation methods and other aspects of the Service over time.

Dear Humanity may also develop new ways of presenting, publishing, preserving and commercialising Volume I and Participant Content.

Nothing in this section permits Dear Humanity to exclude or avoid obligations imposed by applicable law.

49Changes to These Terms

Dear Humanity may update these Terms where reasonably necessary to reflect:

• changes in law;
• changes in Service functionality;
• security requirements;
• technology;
• new products;
• new publication formats;
• new commercial uses;
• changes to Dear Humanity's operations; or
• other legitimate business requirements.

Changes will not retrospectively remove statutory rights that have already accrued.

Where required by applicable law, Dear Humanity will provide appropriate notice of material changes.

50Force Majeure

To the extent permitted by law, Dear Humanity is not responsible for delay or failure caused by circumstances outside its reasonable control, including natural disasters, fires, floods, pandemics, war, civil disturbance, government action, major telecommunications failures, major infrastructure failures or similar events.

51Governing Law

These Terms are governed by the laws of Western Australia, Australia.

Subject to any mandatory rights a consumer has under applicable law, you and Dear Humanity submit to the jurisdiction of courts having jurisdiction in Western Australia.

52Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be interpreted, limited or severed to the minimum extent necessary, and the remaining provisions will continue to operate to the fullest extent permitted by law.

53No Waiver

A failure or delay by Dear Humanity in exercising a right or remedy does not constitute a waiver of that right or remedy.

A waiver is effective only to the extent expressly given.

54Entire Agreement

These Terms, together with the Privacy Policy and any additional terms, notices or policies expressly incorporated into them, constitute the agreement governing your participation in Dear Humanity and use of the Service, subject to statutory rights that cannot lawfully be excluded.

55Survival

Any provisions which by their nature are intended to continue after termination or cessation of participation survive, including provisions relating to:

• Participant Content;
• licences;
• commercialisation rights;
• moral rights consents;
• intellectual property;
• warranties;
• historical provenance;
• invitation relationships;
• Branch information;
• no-compensation provisions;
• limitations of liability;
• indemnities; and
• accrued rights and obligations.

56Contact

Questions concerning these Terms or the Service may be directed to:

contact@dearhumanity.co