LEGAL PAGE

Remember that I don't accept friends easily online.

Confucius say; Person who upset Phil need good lawyer

VERSION 11.0: COPYRIGHT (C) 2007-2015 TO THE OWNER OF THIS WEBSITE.
SEE LEGAL PAGE FOR FULL DETAILS.

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This page may be added to or changed at some stages. Check the back for the latest updates (Latest Update: April 27, 2016)

1. About
(1) Philís World is a website that forms the primary Internet presence of Philip/Phil 'Timelord' Gluyas of Ballarat, Victoria, Australia, hereafter referred to as the "website owner". Anyone who enters this website and either views it or participates by commenting anywhere within the structure enters a world that represents the views, opinions and interpretations of the website owner. Respect for this world is expected, whether it is agreed with or not.
(2) The mission of this website is to educate the world about the website owner, and about the subject matter covered in the website with particular emphasis on the Autism section - and to provide the website owner with a safe place to engage other parties on the Internet.
(3) The coverage of this website shall include locations that are the responsibility of the owner of this website but are hosted by third parties. This includes the accounts held at Pro Boards, Word Press, Facebook, Twitter, Archive.org and Tinychat - subject to individual variations and to the Terms of Service of the third party providers.
(4) This page is know as the "Phil's World Legal Page" and from hereon shall be referred to as the "PWLP"

2. Access
(1) The core site and all third party sites are considered to be on the public domain, with the following exceptions;
(a) The Phil's World forum is strictly for members only and whilst applications for membership will be considered, it is not on the public domain.
(b) For those who have been banned from this website by IP deny, this website shall not be considered to be in the public domain for the purposes of viewing it.
(c) Password protected articles are not considered to be on the public domain.
(d) All Facebook activity and it's access status is at the discretion of the website owner but is primarily considered to not be on the public domain in similar terms to Section 2 (1)(a) of the PWLP.
(2) If you are blocked or banned for whatever the reason and you continue to try and access the site, participate, or disrupt the operation of this website, your ISP may be informed of your conduct. Most of the Terms of Service (also known as Acceptable Use Policy) agreements with Internet Service Providers include provisions against deliberate interference with websites, and some also prohibit certain forms of behaviour. The website owner has a copy of the current TOS/AUP agreements of most of the major Australian based ISPís as well as a few from overseas.
(3) The use of proxies to view this website is strictly prohibited. All providers found to be hosting proxies will be IP denied permanently.
(4) Persistent use of proxies to access the site in spite of being banned under Section 2 (2) of the PWLP also amounts to internet stalking under Section 21A of the Crimes Act 1958, and also amounts to trespass (taking into account Section 2 (1)(b) of the PWLP) under Section 9(1)(a) of the Summary Offences Act 1966. Similar laws in other jurisdictions shall also be applied on a needs and availability basis.

3. Privacy
(1) The IP details of all users will be recorded to permit the owner to use this information to protect this website and inform the Internet Service Provider of the conduct consistent with the rules of this website and with the ISPís terms of service if required, should users be banned or otherwise interfere. This information is not used for any other purpose.
(2) Any person accessing the articles that are password protected without proper authorisation shall be considered interfering with the proper operation of this website and will be prosecuted to the fullest extent of Australian law for hacking. Any legal instruction to reveal any article in this area will be ignored, and any attempt to order same through the courts will be shut down as a violation of the Vexatious Proceedings Act 2014.

4. Copyright
(1) All articles and original content are copyright to the website owner, and the writer of the article as the case may be. It is not to be reproduced anywhere else without the written permission of the website owner. Any violations will be prosecuted with the fullest application of the law as a copyright violation. Such violations of the above contravene Section 36 of the Copyright Act 1968;
"Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright."
(a) Note that any Act done outside Australia is deemed to have occurred within Australia should the violation be viewed on the Internet in Australia. In the High Court of Australia in the decision of Dow Jones v Joseph Gutnick on December 10, 2002, it was ruled that the publication of Internet content occurs when the site and content is viewed and not when it is created. Any contravention that is viewed by the website owner is viewed in Australia under this precedent.
(b) Note that "literary" work includes original thought that constitutes non fiction.
(2) Recognition is given to Section 41 of the Copyright Act 1968;
"A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgement of the work is made."
However;
(a) Note that "criticism or review" does not include abuse or any similar activity for the purposes of defining "fair use".
(b) Note that this website does not recognise any provisions relating to "parody and satire" unless the content is substantively altered away from the original.
(c) Note that parties who are banned from this website and IP denied, and copy part of this site that they would not be able to access normally, have no access to any provision of fair use under Section 2 (1)(b) of the PWLP.
(3) The following statement is made regarding the following content;
(a) John Best Junior - This website does not recognise the copyright claims of Hating Autism on the grounds of fair use for review and criticism under Section 41 of the Copyright Act 1968 and under Title 17 Chapter 1 ß107 of the United States Code
(4) (C) Copyright Phil Gluyas 2007-2016 [Legal recognised copyright first used on this web presence on April 16, 2007]

5. Membership
(1) Applications for membership can be done through the Phil's World forum. This is the only part of the website to which membership formally applies, except as it relates to password protected content, or other content not on the public domain. The membership levels are as follows;
(a) 'A' Members - These members are well known to the website owner and are trusted friends. If an 'A' Member speaks up in support of the website owner they should be listened to. This group has the most freedom to criticise the website owner, and can freely access password protected articles on request.
(b) 'B' Members - These members are known to the website owner, but not as well as the 'A' Members. They are however trusted enough to freely access password protected articles on request and should also be heeded when they speak up in support of the website owner.
(c) 'C' Members - These members are known to the website owner but not trusted enough yet to be 'B' members. These users are watched but not as closely as the 'D' members. Even so these members do not have access to the password protected articles.
(d) 'D' Members - This is the lowest formal level of membership, and consists of people whose trust level is yet to be truly determined by the website owner although they do not present an immediate threat. These users are closely watched and for this reason do not have access access to the password protected articles.
(e) 'Provisional' Members - This is not a membership level as such, and is used for all applicants who are completely unknown to the website owner. This is to check to see if the new applicant presents a potential threat to the site. These people are only retained for a certain period of time. If they do not log in after three months of inactivity they will be deleted (not banned). If they do log in but fail to leave a message on the Introduction board within six months they will also be deleted (not banned).
(2) A list of members can be found on this website. There is an invite list for people who would be welcome to join if they wish to, and a list of those people who are already banned and the reasons why.
(3) In order to progress in the membership, this is a decision that is made on a merit basis by the website owner, and the requirements vary depending on interests, conduct and real life and private internet contact.
(4) This website welcomes contributions to the subjects covered in the form of articles whether it be news or commentary, particularly in support of nominations of awards if desired, but the following should be noted;
(a) This website operates under Australian English no matter what the subject.
(b) Be aware of the suspendable offences under Section 5 (5) of the PWLP.
(c) Donít put everything in one paragraph. It looks ugly and gives the website owner extra work. Break it up into smaller paragraphs.
(5) Any new articles created on the following subjects will not be added and they shall be deleted;
(a) Any political party - past or present - whose party platform is based on a specific and proven human rights abuse (examples Ė One Nation, Christian Democrats AKA Call to Australia, Family First, Australians Against Further Immigration)
(b) Any wrestling promotion - past or present - that is not supported by Philís World (examples Ė any promotion listed under Banned Feds on the page in the wrestling section of this website, and any backyard promotion).
(c) Any article designed to embarrass, mock or otherwise degrade this website, the website owner or his views, any other established member or their views, or any Autistic Spectrum condition especially Aspergerís Syndrome.
(6) When clicking on the link to go to the forum, members will be required to log in - and then find the appropriate board to make your comment. These comments may be later moved to the website proper (if they are not in violation of the rules) at some future point in time.
(7) Please, no fighting or abusing each other. Flaming wrecks websites. Try not to respond to abuse if you can - or explain that you found the comment offensive and why. That will place the onus back on the abuser to put up or shut up. Persistent flaming without just cause shall be punished.
(8) Obscene language is not permitted, and any such language is automatically censored on the forum, and manually censored at the Blog.com and Word Press blogs.
(9) The object of the forums is to talk about the subject matter of the board concerned. Any comments off topic shall be moved to the correct area of the forum.
(10) Please note that the forum is also subject to the Terms of Service of Pro Boards. Any violation of this is also not permitted.

6. Right to Act
(1) The website owner also reserves the right to act in protection of this website in any way he sees fit. This includes parties who have behaved in an unacceptable manner elsewhere on the Internet and choose to carry on their behaviour here - or the website owner prefers not to take the risk. This includes arbitrary banning where under normal circumstances a warning would suffice. This is consistent with the mission of this website per Section 1 (2) of the PWLP.

7. Lying about the website owner
(1) Any commentary about website owner by the following people must be ignored as they are biased against him because he exposed the truth about them, they believed others listed here or they are just plain unreliable. The ones highlighted in light green have been found guilty of defaming the website owner. Action is in progress against those highlighted in yellow and a restraining order is effective against those highlighted in grey; JOHN BEST JUNIOR 2HAP, PARIS TENANA, OLIVER CANBY 3HAA, SUZANNE OLSEN, KIM GILBERT/OAKLEY HAP, ELYSE BRUCE HAP, BEN BUCHANAN, BILLY CRESP, JONATHAN MITCHELL 2HAA, CAMERON READ, KENT ADAMS HAA, CAMERON WATTS, RANEEM ABBOUCHI, DIANE DAVIS HAP, DANIEL FAIELLA HAP, LLOYD PURSER, ROSS LUMBUS HAA, RICK NEUBRANDER, SUSAN LORD HAA, JOE SKIPSEY HAA, GARETH NELSON HAA, BRAD LOGAN, CORY LOCKWOOD, RHIANNON LOCKWOOD, GRAHAM POUND, ALAN JACKSON, NATALIE TEAKLE, BJORN PETERS, PERRY CALE, AMBER CODY, SEAN GLADMAN.
(2) Anyone else who lies about the website owner will be added to this list - if your real name is known. If you want your name off this list you will need to publish a full and unreserved apology with no excuses or disclaimers on your own website and on the public domain.

8. Disclaimer
(1) All articles credited to the website owner contain the opinions and views of the website owner and the facts as he sees them. For these reasons any claim to slander, defamation and the like is rejected on the grounds that the basis of such charges is an accusation of deliberate fabrication, which said articles do not contain. This particularly applies to the articles contained in the Autistic Enemies sub site. The website owner claims fair comment in all respects.
(2) If any article offends any party for whatever reason, you are welcome to express that offence on the contact section of the forum (unless you are banned). Any message containing obscene language and/or is intimidating in nature or otherwise objectionable will be removed and ignored, and will likely result in a banning from this website. This includes any threats of legal action.
(3) The policies of the Action Party form a part of what amounts to a mythical political presence. As stated on each policy, it does not form a party platform, and the Action Party is not a formal and registered political party.
(4) The website owner has no accounts whatsoever with any Google related service, including Blogger and You Tube - and has not done so since August 25, 2010.
(5) The website owner is not a homosexual as confirmed by the matter Gluyas v Canby [2015] VSC 11 (27 January 2015), nor is he a racist, and has not stalked anyone.
(6) The website owner did not try to shut down "Aspies for Freedom". He tried to have material removed and nothing more than that.
(7) The website owner has not molested any children, as confirmed by the matter Gluyas v Tenana [2008] VCC 1161 (29 August 2008) and Gluyas v Canby [2015] VSC 11 (27 January 2015)
(8) The website owner has not attacked any Autistics unprovoked, and has never thrown a single punch in anger in his entire life, as confirmed by the matter Gluyas v Best [2013] VSC 3 (24 January 2013) and Gluyas v Canby [2015] VSC 11 (27 January 2015)
(9) The website owner has never posted at The Limbo Club.
(10) All commentary about the website owner on the forums at The Limbo Club or Intensity Squared is unreliable and misrepresents me and/or this website.
(11) The accounts held at The Limbo Club and Autism Web named "Timelord" are not owned by the website owner. They are owned by "Bluey" and John Best Junior 2HAP respectively.
(12) This page may be incomplete and will be added to at appropriate times.