Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, (‘terms’) do not use this website.
All materials included on https://www.thepod.org.au, including copy, graphics and customised code are the intellectual property of the Pod, unless otherwise noted or attributed. Text excerpts, diagrams, logos or other information may be quoted within the content of this site, and the respective copyright holders retain their rights to this material. You may download, view, email, copy and print documents and graphics incorporated in the documents from this web site subject to the following: (1) the documents may be used solely for personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this web site in whole or in part without the prior written permission of the Pod. The Pod reserves the right to make changes or updates to this web site or the products or programs described in this web site at any time without notice. If applicable, any use of software and accompanying documentation from this web site is subject to the terms of a software license agreement between you and the Pod. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this website may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. The Pod may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Please note that any information or material sent to the Pod will be deemed not to be proprietary or confidential. By sending the Pod any information or material, you grant the Pod an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that the Pod is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Information the Pod publishes on the World Wide Web may contain references or cross references to the Pod’s products, programs and services that are not announced or available in your geographical location. Such references do not imply that the Pod intends to announce such products, programs or services in your geographical location. Consult your local Pod contact for information regarding the products, programs and services which may be available to you. Neither the Pod, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information. Information on this web site is provided ‘as is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event will the Pod be liable to any party for any direct, indirect, special, consequential, incidental or punitive damages for any use of this website, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
At the Pod, we intend to give you as much control as possible over your personal information. You can visit the Pod on the Internet without telling us who you are or revealing any information about yourself. There are times, however, when we may need information from you, such as your name, company and email address. It is our intent to let you know before we collect personal information from you on the Internet. If you choose to give us personal information via the Internet that we or our business partners may need – to correspond with you, process an information request or provide you with a download, for example – it is our intent to let you know how we will use such information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes. We will not pass on your details to any other party, for any reason, at any time, without your specific consent to do so.
Links To Other Websites
The Pod site contains links to other websites for news and other information. The Pod is not responsible for the privacy practices or the content of such websites.
Here’s the good news!
- You can interact without fear of abuse, insults or personal attacks.
- And we don’t take kindly to defamatory comments.
- We don’t like trolls and will try to remove all trolling posts.
- Our site is free of foul language, as well as inappropriate and illegal material.
- We don’t let random businesses advertise or spam you.
- And we avoid getting bogged down in “religious” debates that can’t be won because this is just not the forum to be debating philosophical stuff!
But please remember
- There’s a process for moderator complaints, and it’s the only way to get your grievance heard by the Pod moderators. Simply email email@example.com and let us know your needs.
The following general guidelines are adapted for The Pod from Netiquette
Remember your audience — present and future!
Be aware that a large audience might see your post, and your words may come back to haunt you. That audience might potentially include past, present and future employers; staff at your place of study; friends; family; etc. And unlike the spoken word, your written posts will exist on Whirlpool for a long time.
Challenge arguments, not people! What is Defamation?
Do not attack other people, attack their argument — and this does not mean changing “you are an idiot” into “your comments are idiotic”. If you take issue with someone else’s position, try to explain why you disagree with them in a polite and professional manner, providing suitable supporting evidence as required.
Defamation is a communication (written or spoken words, pictures, graphics, gestures, etc) from one person to another that lowers or harms the reputation of an identifiable third person where the communicator (the publisher) has no lawful defence. The law of defamation aims to balance free speech with the right of an individual to enjoy a reputation free from an indefensible attack. It can have legal ramifications.
The key issue in a defamation action is damage to a person’s reputation. The test of whether a communication is defamatory is: ‘Does the communication lower/harm the plaintiff’s reputation, hold the plaintiff up to ridicule, or lead others to shun and avoid the plaintiff?’ This is judged from the viewpoint of ‘ordinary reasonable people in the community in general’ and in light of contemporary standards.
The meaning that is argued over (the ‘imputation’) might not be what the communicator meant to convey. The court will look at what it considers the ordinary reader or viewer could have understood the communication to mean. This may differ from what both the plaintiff and the defendant think.
Even if something is, at first glance, defamatory, there are several important defences under the law of defamation. In the main, these defences include (but aren’t limited to):
- Honest opinion (previously known as fair comment)
- Fair reporting
- Innocent dissemination
Before you Post
- Consider the context of what you are saying. What meanings arise? Might they be defamatory? Try to put yourself in the position of potential plaintiffs.
- Check who is identified. Just because you refer to someone by their Pod user name doesn’t mean there aren’t people who know the real identity behind the user name.
- What defences might be relevant? If it is meant to be comment, ensure that it is clearly identified as such (for example by adding “In my opinion …” and that the facts on which it is based are stated or obvious). Try to focus on issues rather than personalities.
Intolerance and Vilification
The Pod forum is open to everyone as a paying member.
As such intolerance or vilification of other people’s race, culture, beliefs, height, weight, hair colour, IQ, gender, physical or mental conditions, shoe size, sexual preference / orientation, religion, age, etc is unacceptable.
Breaching this rule will attract a Zero Tolerance response from The Pod Moderators.