Lonely Planet Online Community Terms of Use

You know we have to do it, and there’s some important stuff in here you really do need to know ‑ ′cause by participating in our online community you accept these terms (whether you’re registered or just browsing).  Also, when using a particular part of the community (like Classifieds), you agree to follow any posted guidelines.  So, scroll down to find out everything you never knew you wanted to know about:

• Who can participate and how
• Copyright and use of community content
• Your personal information
• The complaints procedure
• Our intellectual property
• Disclaimers
• Things specific to different community areas of our site

Just so you know, when we say “we”, we mean us – Lonely Planet Publications Pty Ltd.  And when we say “community” we mean all of the places on lonelyplanet.com where users can contribute (like Thorn Tree, Bluelist, Classifieds and accommodation reviews).  We may change these terms of use now and then (and may or may not let you know we have), so check them regularly.

General stuff you need to know

Your use of the services:

Firstly, you are only permitted to use the services for personal, non-commercial purposes.  If you are under the age of 18 you should seek your parents' permission before accessing the services. Because users can automatically make postings, they may contain content which is not appropriate for people under 18. (Find tips on facilitating a safe internet experience for children on the Australian Broadcasting Authority's 'CyberSmart Kids' site at www.cybersmartkids.com.au/.)

If you wish to contribute "postings" (meaning any content whatsoever contributed by a user to the community), you must register. Once you register for one part of the community, you are eligible to make postings on all parts (eg if you register via Thorn Tree, you are automatically registered for Classifieds).

Although we don't monitor every single posting, we do drop in to see what's going on. We can (and sometimes do) remove postings that breach the wording or spirit of these terms of use without notice. We may also ban users who breach these terms of use, and delete their postings.

Don't make postings that:

• contain racist, sexist or homophobic comments;
• harass or 'stalk' any person;
• contain defamatory statements or personal attacks on others;
• disrupt users' enjoyment of the services (for example persistent off-topic discussion on Thorn Tree, or nonsensical Bluelist postings);
• personal details or private information about any other person (or anything contrary to our privacy policy)
• are made under another person's name or impersonating another person;
• contain commercial advertising;
• contain excessively coarse language or content which would be rated R, RC or X by the Australian Classification Board (for more information please see the Office of Film and Literature Classification web site at www.oflc.gov.au); or
• breach any intellectual property rights law or discuss how to commit illegal activity.

Respect others' intellectual property rights!

Don't post copyrighted material or trade marks without the permission of the owner or you may put yourself and Lonely Planet at risk of legal action.

You can share a useful internet resource with other Thorn Tree users by hyperlinking to the relevant resource, but first make sure you're allowed to by checking the terms of use of the site you are linking to. Many site operators don't allow people to link to pages below the front page or home page of their site.

If you own intellectual property and believe it is being infringed through a posting, please contact us as soon as possible.

The copyright in your postings is yours (generally speaking). We sometimes use postings in our publications (books, newsletters, websites, television programs and other products in any media). You give us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to reproduce, communicate, re-publish, edit, adapt or otherwise use your postings as we see fit, including the right to sublicense to others at our discretion. You also give us a licence to deal with the postings as necessary to perform technical and administrative functions in running the forums.

You may also have moral rights, so you consent to your postings being altered, edited or adapted to use them under our licence in any way we see fit. You consent to us not attributing authorship to you at all, or only attributing it to your registered 'handle'. We generally attribute authorship, but that's not always possible and we decide this on a case by case basis. If we do use your material we may attribute it to your registered 'handle', or contact you to request that your real name be used. Don't worry, we will never publish your real name without permission.

If you don't want your posting to be used in this way, don't post it. Once you have made a posting, you can't withdraw or retract your licence and consents.  Check the guidelines for each community area to see whether you can withdraw your posting for that area.

Lonely Planet's intellectual property (which includes content other than postings and the Lonely Planet, Bluelist or Thorn Tree trade marks) may not be used in any way or for any purpose without our permission.

Complaints:

We take copyright, trade mark, defamation and other laws seriously. If you think a posting is infringing these terms or anyone's legal rights, let us know immediately. We will investigate all complaints and take action if we think it's necessary, including removing the posting or banning the relevant user.

To let us know, email community@lonelyplanet.com.au, and the relevant moderator will respond.  For Bluelist and Classifieds, you can use the relevant ‘report’ action to notify us of an infringing posting and we will remove the posting from view until the relevant moderator can review it.

Removal of postings is at our discretion, except if the content is illegal. If you're not happy with the moderator's response, you can ask them to refer the matter to our Online Publisher. If you're still not happy, you can follow the formal complaints procedure below. We may also require you to follow the formal procedure for certain matters (for example, if you claim content is infringing copyright or defamatory).

To make a formal complaint, send a signed written letter of complaint to:

Lonely Planet Online Community Complaints
Lonely Planet Publications Pty Ltd
Locked Bag 1
Footscray
Victoria 3011
Australia
or fax it to: +61 3 8379 8111 (Attention: Lonely Planet Online Community Complaints).

Your complaint needs to:

• Identify the posting in issue and provide us with a copy of the posting and the location (URL, or web address) of the posting.
• Identify the intellectual property or other right which is being infringed by the posting or the law which the posting breaches. Articulate your arguments about this as thoroughly as possible.
• Provide information so that we can easily contact you (including if possible your email address, your postal address and fax number).

We will assess your complaint's merit and will take whatever action we see fit. We will get in contact with you to explain our decision.

If you're still not happy you can make a complaint to the Australian Broadcasting Authority. (For more information see www.aba.gov.au/internet/overview/complaints.shtml). We will comply with any directions given by the ABA in relation to these complaints.

Your personal information:

By registering, using the services (including submitting postings), or emailing us, you will be supplying us with "personal information". We collect this to administer and help you use the services, send you a password, contact you about postings, and keep in touch with you.

Your user name will be visible to other users, and when you register for Thorn Tree, you can chose whether your user profile and email address will be also be visible to other users. You can access and update your personal information in the 'profile' section of Thorn Tree at any time.

Sleep easy, we won't sell your contact details to marketing companies for spamming! But we may disclose information about you to our authors (some of whom work on contract to us) and to other companies in the Lonely Planet family. If you'd like to find out more, please read our privacy policy.

If you make postings which are in breach of these terms or the law, we may choose to pass your details and IP address on to an aggrieved person, or a law enforcement agency.

More serious legal bits:

Any legal issues arising will be dealt with under the laws of Melbourne, Australia, since that's where our online community is run from. Illegal activity under those laws will be a violation of these terms, but as the Lonely Planet website is accessible worldwide you may run into trouble under the laws in other jurisdictions too.

We are not responsible to you or anyone else for any loss, damage, liability, cost or expense suffered in connection with the use of the community or any of its content. We make no warranties or representations about the online community or its content and exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of the services or their content. We will never be liable for any indirect, incidental, special or consequential loss, or loss of business profits or revenue arising out of the use of the community. You indemnify us and the other companies in the Lonely Planet family against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against us or the other companies in the Lonely Planet group in connection with any breach by you of these terms of use.

Specific things about the forums (Thorn Tree &  Bluelist) and accommodation reviews

Make sure you use the right Thorn Tree branch so you get the best response to your posts and to make it easier for those looking for information. We may move or delete postings to the wrong branch.

If you're relying on information or opinions from postings, remember you do so at your own risk. Use common sense and make your own inquiries first, especially for postings like those on the Thorn Tree "Health" branch - these may not be from medical professionals (even if the user claims to be one), so you should always seek your own advice. Be aware that postings only represent the opinions and experience of users, not ours.

If you want to copy, amend or re transmit others' postings, you need permission. Permission can be obtained from the user or from us.

If you want to share postings with a friend please send them a hyperlink. Third party commercial sites are not permitted to provide digests or summaries of posts, even through hyperlinks, without our permission.

Specific things about Classifieds

Under Classifieds, you’ll find categories such as:

• general stuff for sale;
• vehicles for sale;
• jobs;
• travel companions;
• short rides.

Lonely Planet may set limits around your use of Classifieds (such as number of days that posts will appear, length of posts, attachments to posts, and how you can amend and/or delete posts).  Check the FAQs for information about these (and any other) limitations. 

When listing and selling stuff, you must be legally able to sell the item(s) you list for sale.  You must include any terms of sale in the description of that item(s).  Make sure you use the right section of Classifieds ‑ we may move or delete listings made in the wrong section.  There are some things which you’re not allowed to sell (because of laws or Lonely Planet’s policy), such as the following:

• Alcohol
• Animals and wildlife
• Artefacts
• Drugs and drug paraphernalia
• Fireworks, firearms, ammunitions, replicas, and militaria
• Food
• Offensive material
• Stolen property
• Weapons and knives

This is not an exhaustive list, and you should check your local laws in case they specify other stuff you’re not allowed to sell via Classifieds.  If you think someone is selling items in breach of these terms (including items which may infringe copyright), follow the complaint procedures set out above.

When buying stuff, it’s up to you to check out whatever you need to before transacting with sellers.  You’re also responsible for organising payment to and collection from the seller (and meeting any of the other terms of sale the seller specifies in their posting).  And if you’re not happy with what you’ve bought, it’s up to you to sort out any issues with the seller.  Remember ‑ buyer beware!

You, and you alone, are responsible for any consequences of your postings and responses to postings.  If a dispute arises between users of the community, or between users and a third party, Lonely Planet is not obliged to get involved, although we may choose to.  Lonely Planet is not responsible if anything goes wrong with your transaction.  We’ll give you the tools, how and what you decide to hammer with them is entirely up to you!

When arranging rides or finding travel companions, exercise common sense (see “Tips & Traps” for more suggestions).  We’d hate to hear of anything bad happening when people meet up, but you’ll understand that we can’t be responsible for the actions of each person in the Lonely Planet community.

When selling tickets to events (such as concerts or sporting matches), keep in mind that resale is often regulated by the issuer of the ticket (eg booking agents).  If you want to resell events tickets, it’s up to you to ensure that this doesn’t breach both your local laws and the terms on which you bought the ticket in the first place.  Generally speaking, you can’t sell events tickets for more than you paid for them.

If you’re looking for or advertising a job vacancy, make sure your advertisement is compliant with your local laws, such as human rights, equal opportunity and anti‑discrimination.

And that’s all for now!