Terms of Use
Acceptable Use Policy
Welcome to Praxel’s Acceptable Use Policy
- Hi, we’re Praxel and welcome to our acceptable use policy. This policy sets out what you can and cannot use our sites and products for.
- When we say ‘we’, ‘us’ or ‘Praxel’ it’s because that’s who we are and we own and run the Praxel Market, Praxel, Praxel Hosted and other Praxel products. If we say ‘policy’ we’re talking about this acceptable use policy. If we say ‘user terms’ we’re talking about the rules for using any of the Praxel products and services. Take the time to read this policy because it forms a part of the user terms for each of the Praxel products. By using any of our sites, you agree to this policy. If you do not agree to this policy we won’t take it personally, but please do not use Praxel.
So what’s not acceptable use?
- It’s NOT OKAY to use Praxel or any of our sites or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following content:
- Adult content: This includes images or videos that contain nudity or sexual activity, or any commercial activity linked to making money from adult content such as escort agencies.
- Exploitation of children: This includes images or videos depicting children in a way that encourages or promotes attraction towards children.
- Hate speech: This includes content that supports or condones violence or discrimination against individuals based on race, ethnicity, religion, disability, age, gender, nationality, sexual orientation or gender identity.
- Incitement of violence: This includes content that threatens, or that is intended to incite, violence against an individual or group of individuals.
- Harassment: This includes any form of harassment or bullying against an individual or group of individuals.
- Defamation: This includes any untruthful comments about a person that has the tendency to lower their estimation in the eyes of others.
- Copyright and third party intellectual property: Using the Praxel, products or service in violation of the copyright or other intellectual property rights of others is NOT cool, and is illegal, so please don’t do that.
- Offensive content: This includes content that would cause offence to a reasonable person, including content that is posted for ‘shock value’.
- Fraudulent, misleading or deceptive conduct: This includes making statements about your own products or services that are not accurate or impersonating others.
- It’s also NOT OKAY to use Praxel or any of our sites or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following activities:
- Supply of regulated goods and services: This includes the supply of alcohol, tobacco, pharmaceuticals, medical devices, supplements, fireworks, weapons, gambling or adult escort services.
- Illegal activities: This seems like a no brainer but using Praxel, products or services for any dangerous or illegal content or other purposes is NOT acceptable. You should always ensure you’re aware and comply with any applicable laws in Australia, USA or other jurisdictions you are located in or doing business in.
- Illegal activities which cause harm to Praxel products or services or brand or others: Unacceptable content or links which might cause harm to the Praxel products or services or brand or others is definitely NOT OKAY with us. This includes pirated software, programs or archives that provide the functionality to gain unauthorised access to other systems or networks of any kind, Warez sites, files or web pages that contain viruses, trojans, malware or other applications designed to access a user’s equipment or information with illegal intentions and/or without the knowledge of the user.
How can I report any abuse or offensive content?
- Reporting abuse: Please report suspected policy violations to us by emailing us at abuse@praxel.com.au
What Action Might We Take If A User Has Breached This Policy?
- We will try and ensure fair outcomes for any content or use we deem as NOT acceptable. If you’re not sure whether your content or intended use of our services is acceptable then please contact us to discuss.
- If you have breached this acceptable use policy then we may, in our absolute discretion and without notice:
- request that you immediately remove the content which we view is NOT acceptable;
- immediately suspend or terminate any accounts you have with any of the Praxel businesses;
- immediately stop providing you with the services, including hosting your website;
- in serious cases such as those involving the abuse of children, or other illegal activity, report you to the appropriate authorities.
How can you contact us?
- If you have any questions about this policy, please contact us at abuse@praxel.com.au
- We’re really glad you made it to the end of the acceptable use policy, because knowing this stuff is the best way to understand how you can use Praxel products and services.
Fair Use Policy
The User Terms which apply to your use of Praxel (and Items you download using the Praxel service) require you to:
- Not act in a way which does not align with the values of the community, or in a way that could cause harm to us or to others; and
- Only use an Item if you have a valid and live Praxel subscription and have registered the Item for use.
This policy, which forms part of your User Terms, is designed to keep things fair for the talented and creative community of authors who make their Items available on Praxel. It can be summed up like this:
You must only download Items when you have an intention to use them.
It is a breach of this policy and your User Terms to download Items that you do not intend to appropriately use, to use scripts or bots to mass download items, or to download Items in advance in order to use them after the subscription is over. Even worse, this behavior also prevents authors from being paid fairly for their work.
Remember, your license to use an Praxel Item only begins once the Item is registered. The Item may be registered for trial or project purposes, and you can only register Items while you have an active Praxel subscription. If you want to use an Item in multiple projects, you need to register it again for each new project.
What will happen if a customer engages in inappropriate downloading?
In addition to our rights under the User Terms, we reserve the right to restrict or terminate access to the Elements service for any subscriber whose download behavior suggests inappropriate use.
Depending on the way you use Praxel, you may have a genuine need to download high volumes of Items. We will remove any imposed download restrictions once we are satisfied that a user is not engaging in inappropriate download behavior. To establish this, we may contact users to understand more about their use of the Praxel service instead of (or as well as) restricting access. If you have a need to download high volumes of items, especially within a relatively short amount of time, we encourage you to contact us in order to show proof of legitimate Item use – this will reduce the likelihood that your download behavior will trigger action under this policy.
If we detect behavior which is suggestive of inappropriate downloading then we may take action to protect our authors and investigate potential breaches of this policy and/or our User Terms.
Single Use Policy
Welcome to Praxel’s Free Files Single Use Policy
These terms apply between Praxel Pty Ltd (we, us, our) and you. By downloading or using the free files, you’re agreeing to these terms and to our Privacy Policy.
License Terms
We grant you a limited license to make use of the free files (the files) on the terms set out below. This license includes the right to download and install the files on your personal computer.
Each file can be used to create one single end product that can be used commercially. An end product must be a customized implementation of the item in the file and must be larger in scope than the original file. If you are a freelancer, you can also use the files in a project on behalf of a client.
However, you’re not permitted to:
- use a file to make more than one end product – each file can be used once only;
- re-distribute the files ‘as is’ (even if free of charge);
- modify or make derivatives of the files (or re-distribute any modified versions of derivatives of the files) except as a final end product; or
- use the files in any tool or application allowing an end user to build a custom product as part of an ‘on demand’, ‘made to order’ or ‘build it yourself’ service.
Music items and their end products are subject to the following additional restrictions:
- broadcast use is not allowed;
- films may not be theatrically released;
- in the case of P.R.O music, public performance rights are not included with this license; and
- the original author of the music item retains ownership of the item. You can’t claim ownership of the item, even if modified in accordance with this agreement, for example through content identification systems.
Your license may be terminated immediately and we may take further action against you if you do any of these things.
Disclaimers and liability
As we are making the files available to you for free, they are provided on an as is basis and without warranties of any kind. Without limitation, we do not warrant that the files will be original or that they will not infringe the intellectual property rights, including copyright, of third parties.
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim relating to your use of the files.
To the maximum extent permitted by applicable laws, we exclude liability to you (whether in contract, tort (including negligence) or otherwise) arising from or in connection with your use of the files. If we cannot exclude liability, then our total liability to you is limited to $10 AUD.