last update: 24th January 2011
THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, THIS SITE AND THE SERVICE AVAILABLE THROUGH THIS SITE. IN ACCESSING OR USING THIS SITE OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST REFRAIN FROM ACCESSING AND USING THIS SITE AND USING THE SERVICE.
1. GENERAL TERMS AND CONDITIONS
1.1 Privacy Statement
Our Privacy Statement is set out on this Site and shall apply to You and Your use of this Site.
1.2 Amendments to terms and conditions
We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
1.3 Access and use
The Site and the Service are intended for personal use only and may not be sold, redistributed or used for any commercial purpose.
To access some parts of the Site and to use the Service will require you to become a Registered User. You may, however, have limited access to browse and use certain features of the Site without becoming a Registered User.
To become a Registered User, You must provide Us with Your personal information (including, without limitation, your name and e-mail address). To use the Site and the Service, You will be required to login using Your user name and a password nominated by You.
It is important that you record you user name and password and you should keep you user name and password in a safe place. You are entirely responsible to maintain the confidentiality of Your user name and password and You are responsible for Your use (or of any person using your user name or password) of the Site and the Service.
You may change Your password at any time by following instructions on the Site.
While We will use all reasonable endeavours to ensure that the Services are uninterrupted, error-free and defect-free, to the fullest extent permitted by law, neither We nor the ABC represent or warrant that the Services generally available through the Site will be uninterrupted or error-free or defect-free or that errors or defects in the Service will be corrected. Neither We nor the ABC represent or warrant to You that any electronic files available through the Site or the Service will be free of Harmful Code.
You acknowledge that despite all reasonable precautions on Our or ABC's part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on Your computer system or on this Site. To the maximum extent permitted by law, neither We nor the ABC accept liability for any Loss which You may suffer or incur as a result of such activity.
You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security.
1.7 Change of Service
We reserve the right to make any changes to the Service as considered necessary or desirable by Us. We will use all reasonable endeavours to give prior notice of such changes on the Site but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site).
1.8 Lawful use
You must use the Site and the Service for lawful purposes only and ensure that Your access to, or use of, the Site and the Service is not illegal or prohibited by law. It is Your responsibility to obtain independent legal advice in relation to compliance with all Applicable Laws in using the Site and the Service.
You agree at all times to deal with any information or material provided by Us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
1.9 Misuse and interference
You must not misuse, in any way, the Service. You must not interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site. To the maximum extent permitted by law, We accept no liability for any Loss suffered or incurred by You arising from or in connection with any Site User's misuse of any User Content Posted by You on the Site.
1.10 Communications with Site Users
In any communications with other Site Users, You must not send threatening, offensive or abusive communication or any communication intended to, or likely to, threaten, offend or abuse another Site User.
1.11 User Content
You acknowledge and agree that, upon Posting, all User Content is Our property. To the extent that any Intellectual Property in and to the User Content belongs to You, You unconditionally and irrevocably: (a) assign to Us all of your Intellectual Property in and to such User Content; and (b) consent to use of the User Content by Us in whatever manner We see fit (including, without limitation, where such use would otherwise, in the absence of such consent, infringe any moral or authors rights under any laws), without compensation to You. To the extent the Intellectual Property in and to any User Content cannot be assigned by law, You hereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to Us, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such User Content anywhere, for any purpose and in any form, without any compensation to You.
You acknowledge and agree that You are solely responsible for any User Content Posted on the Site. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. We reserve the right to review User Content prior to publication on the Site or any time thereafter and to remove any User Content if, in Our opinion: (a) it does not comply with these Terms and Conditions; (b) it does not comply with any Applicable Laws; or (c) it is illegal, offensive, or otherwise inappropriate.
1.12 No misrepresentations
It is a condition of Your use of the Service that You must not, either through any act or omission, mislead or deceive others or engage in any conduct likely to mislead or deceive others.
1.13 Information on the Site
We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information or materials (including, without limitation, the Limelight Materials and any User Content) on the Site. You are responsible for Your use of any information or materials obtained from the Site. You should make Your own enquiries to check if the information or materials on the Site are accurate, complete and suitable for Your intended use.
The Site may contain information or materials (including, without limitation, Limelight Materials and User Content) that includes the views or recommendations of others that are not necessarily Our views.
The Site contains links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.
To the maximum extent permitted by law, neither We nor the ABC accept any liability for any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, the Service, this Site or any linked site; (b) any decision or action taken by You in reliance on any information or materials on the Site (including, without limitation, any Limelight Materials or the Posted User Content; or (c) any error or defect in the Site or the Service.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law (a non-excludable provision)).
Subject to the non-excludable provisions of the Australian Consumer Law, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any imposed guarantee, condition or warranty of acceptable quality or fitness for a particular purpose) which would otherwise be implied or imposed in relation to in this Agreement is hereby excluded. Where the Australian Consumer Law or any other legislation implies or imposes in this Agreement any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
1.16 Force Majeure
We accept no liability for any delay or failure to perform Our obligations under this Agreement if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify, and keep indemnified, Us, the ABC and Our and the ABC's officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with: (a) any breach of any obligation or warranty under this Agreement by You; (b) any wilful misconduct by You ; and/or (c) any negligent act or omission by You.
All copyright in the Limelight Materials is owned by Us, the ABC or third party licensors and/or their successors and assigns. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised by, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Limelight Materials; or (b) commercialise the whole or any part of the Limelight Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
1.19 Trade marks
Trade marks used on the Site are Our or the ABC’s trade marks (registered or unregistered) or trade marks of their respective owners. If You use any trade marks owned by Us or the ABC, in reference to Us, the Site or the Service, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks, the ABC’s trade marks or trade marks of their respective owners: (a) in, or as the whole or part of, Your own trade marks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the ABC or the respective owners of the trade marks or the Site.
1.20 Public statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us, or the ABC, without Our or the ABC's prior written permission respectively.
We may terminate this Agreement and Your access to the Site if You breach any provision of these terms and conditions. We may, at Our discretion, terminate this Agreement and Your access to all or part of the Site without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement (including, without limitation, clauses 1.3, 1.5, 1.6, 1.8, 1.9, 1.11, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.20, 1.22 and 2).
1.22 General provisions
If We waive, in whole or part, any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force.
The laws governing this Agreement will be the laws in the State of New South Wales, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
1.23 Questions and Feedback
We welcome your questions, comments or other feedback in relation to this Site and the Service. Please send us any feedback by email to firstname.lastname@example.org and we will endeavour to assist you.
In these terms and conditions, unless the context otherwise requires:
ABC means the Australian Broadcasting Corporation.
Agreement means the Agreement between You and Us comprising these terms and conditions.
Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service and the Posting of any User Content on the Site and includes, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality.
Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.
Intellectual Property means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
Limelight Materials means all works or materials of any kind (including, without limitation, all text, images, photographs, graphics, logos, icons, sound recordings, cinematograph films, multimedia files, computer software and databases) available through the Site (including, without limitation, the selection and arrangement of such works or materials).
Loss means loss or damage of any kind (including liability to a third party).
Post means to make available information and/or other materials on the Site.
Registered User means a Site User registered with the Service.
Service means the services available through the Site including the provision of Limelight Materials through the Site and the provision of a facility for Posting of User Content.
Site means the website operated by Us, under licence from the ABC, at www.limelightmagazine.com.au.
Site User means any person who has access to, or uses, the Site.
Standard Rates means our rates of fees and charges for the Service as notified on the Site from time to time.
User Content means any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) submitted to Us, or Posted on the Site, by a Site User.
We, Us, Our means Haymarket Media Pty Ltd (ACN 083 063 914) of 50 Victoria Street, McMahons Point, New South Wales 2060, Australia.
You, Yourself, Your means any person, business, company or organisation who is a Site User.