The “Victorian. And Proud of it.” website (the ‘site’) is a Victorian Government online platform provided by the State of Victoria through the Department of Premier and Cabinet. It provides a platform for Victorians to share their stories and experiences of why they are Victorian, and proud of it. The site also promotes the Victorian Government’s multicultural policy approach and initiatives.
Who Are We?
By accessing and/or using this site, you:
Using this site
Who can use this site?
Moderation Policy and sharing your stories on the site
You can upload stories, including text, images, videos and audio recordings on the site. The site uses pre-moderation where all content must first be approved by our moderators before appearing on the site.
Moderation of these stories aims to create and maintain a productive and safe online environment for users so that they can participate in sharing their stories and make comments without feeling intimidated.
Think positively about your participation on the site. Posting to the site is an opportunity for you to input your ideas and contribute to the projects or topics in which you have an interest in a way that is respectful and of value to others.
When contributing content you must:
Contribute constructive comments while respecting the views of other people;
Only post content that is suitable for anyone (including young children) to view; and
Ensure you have received permission to post any videos, images, audio or intellectual property of third parties.
When will we edit and remove content from the site?
Personal attacks on other participants or staff
Personal information about any of the other participants or staff
Offensive language including profanity
Comments that are discriminatory of people’s gender, race, religion, culture, sexual preference, appearance or background
Links to any advertising or illegal material
Spamming of comments
Rude and dismissive comments
Confidentiality and privacy
In using the site, you must ensure that you:
Protect your personal privacy and that of others by not including personal contact information about yourself or others in your comments, (such as email addresses, private addresses or phone numbers);
Do not impersonate or falsely represent any other person, including by creating additional accounts on the service; and
Do not post material that infringes the intellectual property rights of others.
In posting content on the site, you must ensure that you:
Post material that is relevant to the topics and issues being discussed;
Do not post identical or near identical versions of content that has already been posted;
Do not post overtly political comments (e.g. reference to candidates, fundraisers, support for political parties);
Do not post anything that contains or links to commercial activities; and
Do not post or repost anything that could be considered spam.
Inaccurate, discriminatory, offensive and inappropriate content
When using or posting content on the site, you must:
Not abuse, harass or threaten others;
Be mindful when posting descriptions or personal stories that they are not gratuitously graphic, or could be deemed as deliberately upsetting for other users; and
Not post anything which:
vilifies others on the basis of their race or religion;
incites, induces or aids violence, discrimination, harassment, victimisation or hatred towards others;
may offend, insult or humiliate others, particularly on the basis of their race, colour, descent, national origin, religion, ethnicity, gender, age, sexual orientation or any disability;
makes defamatory or libellous comments;
uses insulting, obscene, provocative or hateful language; or
encourages conduct that may constitute a criminal or civil offence or otherwise violate Australian federal or Victorian law.
What if you don’t like the content on the site?
All reports will be evaluated, and if your objection is upheld the content will be hidden from public view. Please note that we reserve the exclusive right to make the final determination of what is inaccurate, inappropriate or offensive. If we do not uphold your objection, we will communicate to you why your objection was not upheld provided that we have your valid contact information.
In using the site, you confirm that you own or have the right to use any copyright material included in your content, and that you are not infringing any person’s rights by submitting the content to the site.
You acknowledge and agree that all intellectual property in the content of the site, including without limitation the text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features (but excluding content submitted by you and other users, including other third party copyright), are owned by or licensed to us and are protected by law (including but not limited to the Copyright Act 1968 (Cth)). The site may also contain third party material that is protected by law.
Moral Rights Consent
To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any content, to any act or omission that would otherwise infringe any moral rights in any content which is transmitted by you onto the site, whether occurring before or after a consent is given.
You agree that you must not institute, maintain or support any claim or proceeding against us for infringement of any of your moral rights (or the moral rights of any third person) arising from the transmission of content through use of the site.
You agree that you must sign documents and do all acts and things reasonably required by us for the purpose of giving effect to our rights in relation to your moral rights consent.
Backup of content
Please ensure that you keep your own copies of your content, as the site may not archive, store or back-up your content to make your content accessible online.
Viruses and Security
In accessing, using and posting content of the site, you must not:
knowingly post any content containing a software virus, malware or any other software or content designed to interfere with the proper function of any of our software, hardware or equipment or that of any site users;
attempt to bypass any security measures protecting the site;
attempt to damage or gain unauthorised access to any system, data, password, or other information which belongs to us or to another person;
attempt to access the site’s source code, underlying ideas, algorithms or similar components;
take any action that imposes an unreasonable load on our software, hardware or equipment or on that of our third-party providers; or
use any kind of manual or automated software or device to “crawl” or “spider” any part of the site.
What we are not responsible for
Although we moderate stories posted to the site, we do not assume responsibility for third-party content posted on the service.
We do not make any warranties, express or implied, as to the timeliness, integrity, accuracy, appropriateness, legality, reliability or quality of the content posted on the site.
All of the content that an individual posts to the site is their sole responsibility. We are not responsible for any of the content that is posted by users to the service. We do not endorse the views or material contained in the contributions of members of the public or third party sites and are not responsible for the content, availability or performance of external sites linked to or hosting the service. The content posted by agencies, by the public and by other stakeholders to the site does not necessarily reflect the position, policies or views of the Victorian Government.
The site, including information and data on the site, is provided to you on an “as is” basis and we make no statements, representations (express or implied) or warranties about the timeliness, accuracy, currency, authenticity, completeness, usefulness or reliability of any part of the service. If you want to use or rely upon content posted on the site, it is your responsibility to independently evaluate the content and you bear all risks associated with your use or reliance on this content. You are responsible for ensuring by independent verification its accuracy, currency or completeness. If you use the site and rely on any information contained on this site it is at your own risk.
We are not responsible for the availability or content of any website linked to or from the site that is not owned or controlled by us.
Other uses of the site
If you use automatic language translation services in connection with the site, you do so at your own risk.
We will not become involved in disputes between you and other users of the site or between you and third parties.
We accept no liability whatsoever arising from, or in connection with, use of the site or content posted on the site.
We are not liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties or malfunction in equipment or software. If you have difficulties accessing the site please Contact Us.
We accept no liability for any interference with or damage to your (or any other user’s) computer, software or data occurring in connection with or relating to the site or its use or relating to any website linked to the site that is not owned or controlled by us. In addition, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communication made through the site.
Without limiting the above, to the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to damages resulting from your access to, use of, or inability to access or use the site, for any lost profits, data loss, or cost of procurement or substitute goods and services or for any conduct or content of any third party on the site.
Indemnification and Release
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnity clause. If we do so, you agree that you will cooperate and help us to assert any defences.
You agree to release and discharge us, to the full extent permitted by law, from all actions, proceedings, claims or demands for costs and damages howsoever arising which you may have at any time against us arising out of or related to your use of the site.
What if the site isn’t working?
Access to the site relies on internet and network technologies outside of our control. We do not guarantee that you will be able to continually access the service without interruption.
Links to other websites
The site may contain links to websites which are not controlled or owned by us. Those websites have their own terms and conditions of use and you should familiarise yourself with them.
All websites linked to or from the site are linked “as is” and we do not:
sponsor, endorse or necessarily approve of any content on those websites;
make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any content on those websites;
make any warranties or representations that content on those websites does not infringe the intellectual property rights of any person anywhere in the world;
authorise the infringement of any intellectual property rights contained in material on those websites;
make representations, express or implied, as to the accuracy or usefulness of any translation of the information on the site or any linked website into another language;
make any warranties or representations regarding how other websites might retain or use your information if you provide your information to them directly or via cookies placed on your computer by them; or
make any warranties or representations regarding whether other websites are free from viruses or malware and do not accept any responsibility for damage or loss caused by any such virus or malware.
We do not agree to any conduct associated with a linked site which may be unlawful or an infringement of rights.
Suspension or Termination of Access
We can suspend or terminate your access to the site service at our sole discretion at any time with or without providing you with notice and we can do so for any reason.
If you access the site from a location outside of Victoria, you do so on your own initiative and are responsible for compliance with applicable local laws and Victorian laws.
We may modify or discontinue any information or features that form part of the site any time, with or without notice to you, and without liability.
You may not assign any of your rights to use the site to anyone. If we find that you have done so, we reserve the right to suspend and/or delete your contribution and/or account with the site and take further action if warranted.
If you have any additional questions about the site please email us at Contact Us.