WEBSITE TERMS AND CONDITIONS AS AT 13/11/2017
Please carefully read the Terms and Conditions set out below. They state:
(a) how you may use the Limelight website (the “Site”), operated by Arts Illuminated Pty Ltd (ABN 82 167 175 224), trading as Limelight Magazine (“Limelight”); and
(b) our limitations of liability.
1. TERMS AND CONDITIONS
1.1 These terms and conditions (the “Terms”) govern your use of the Site, including:
(a) your access to and use of the Site; and
(b) your uploading and/or downloading of any materials to or from the Site.
1.2 By using our Site, you confirm that you agree to comply with the Terms. If you do not agree to be bound by these Terms, please do not use the Site.
1.3 These Terms do not apply to products, subscriptions and/or services purchased from, on or via the Site. Sales of such products and services are governed by separate Terms of Sale.
2. CHANGES TO THE TERMS
2.1 We may update these Terms from time to time. Amendments to the Terms will be effective from the date the revised Terms are made available on this page. You are responsible for checking for each amended set of terms. To make this easier, each version will be dated with the date on which it commences.
3.1 You may view, download and/or print material from this Site for your personal use only (including for research and information) or, (if you are an organisation) for the purpose of assessing whether or not to purchase a product, subscription or service from us. Please contact us at [email protected] if you would like to reprint or republish any material to which you have gained access on this Site (including if you would like to repost any material to another website).
3.2 For clarity, the licence in clause 3.1:
(a) is non-exclusive and non-transferable; and
(b) does not extend to any use covered by Part VB or section 183 of the Copyright Act 1968 (Cth) (instead, to the extent that those provisions are available to you, you may rely on them to use material on the Site).
4. THE SITE
4.1 We retain and reserve all right, title and interest (including copyright) in the Site and in all components and elements of the Site.
4.2 We may change the Site (including by removing or adding content, links and other URLs) and make the Site inaccessible, or modify, discontinue or upgrade the Site at our discretion, without notice and without liability to you or anyone else.
4.3 The content on the Site is provided for general information only and is offered on an “as is” basis. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Site.
4.4 You are responsible for:
(a) making all arrangements (such as for software, hardware and internet connectivity) that may be necessary to gain access to the Site (when available) or any content on it;
(b) making all arrangement to protect your software, hardware and internet connectivity from any bug or virus by using your own virus protection software; and
(c) ensuring that anyone who accesses the Site through your internet connection is both aware of these Terms and complies with them.
4.5 If we enable you to post material on the Site (such as photos and/or comments):
(a) you agree only to post material which:
(i) you own, contro or are otherwise authorised to post;
(ii) does not infringe the rights of others;
(iii) is not defamatory, obscene; and
(iv) does not otherwise breach any laws;
(b) you grant us an exclusive, world-wide, perpetual, irrevocable, sub-licensable, transferable licence to use, reproduce, adapt, publicly perform and communicate to the public that material, including by any and all means and media (whether now known or existing in the future);
(c) you promise that you have the right to grant such a licence and you promise that our use of the material in accordance with that licence will not infringe the rights of any person;
(d) you agree that we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Site;
(e) you agree not to take any action against us based on or in any way related to content you or some other person posting material to the Site has uploaded or otherwise made available;
(f) you acknowledge that in exercising any rights granted by you to us under this clause we are not required to attribute you as the author of material, we may attribute others as the author of it and that the material will be considered non-confidential and non-proprietary; and
4.6 We have the right at any time to disable any user identification code or password (whether chosen by you or allocated by us) if, in our reasonable opinion, you have failed to comply with any of the provisions of the Terms.
4.7 Where the Site contains links to other sites and resources provided by third parties, these are provided for your information only, and you acknowledge that we have no control over the content of those sites or resources.
4.8 Your right to access and use the Site ceases immediately if you use the Site in breach of the Terms.
5. FURTHER PROMISES AND INDEMNITIES
5.1 Except as expressly permitted by law, or as expressly authorised by us in writing, you agree not to:
(a) reproduce or communicate to the public any of the materials available on the Site other than in accordance with these Terms;
(b) modify any materials you print, copy or download from the Site;
(c) reverse engineer, access the source code of, or otherwise deal with the Site without our express written permission;
(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site (including by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful);
(e) attempt to gain unauthorised access to the Site, the server or servers on which the Site is stored or any server, computer or database connected to the Site;
(f) attack the Site via a denial-of-service attack or distributed denial of service attack;
(g) remove any copyright notice or metadata from the Site;
(h) systematically download material from the Site in aggregate quantities to store it for uses other than permitted under clause 3.1;
(i) take any action which imposes an unreasonable or disproportionately large load on the Site or our infrastructure;
(j) use any part of the content of the Site for commercial purposes; or
(k) disclose to or share with any person or entity any password or log-in details with which we may provide you, or use your password or log-in details for any unauthorised purpose.
5.2 You agree to:
(a) comply with all relevant laws relating to the use of the Site and relating to any product or service you purchase or otherwise acquire from us;
(b) promptly notify us at [email protected] if you know or suspect that any person not authorised by us knows any user identification code or password we have allocated to you or that you have chosen to use in relation to the Site and/or our products or services; and
(c) indemnify us against any and all liability, loss, damage, cost or expense, caused by any breach by you of any provision of these Terms.
5.4 By continuing to use the Site, you agree to us installing cookies. If you do not agree to us installing cookies, you should look to amend your browser preferences accordingly, and also expect that not all features of the Site will work optimally for you.
6. OUR LIABILITY IS LIMITED
6.1 Unless expressly stated otherwise, and except where required by law, we make no warranties, express or implied, in relation to the Site or the services supplied through this Site, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose.
6.2 To the maximum extent permitted by law, we do not make any warranties that the Site will be available, complete, up-to-date, uninterrupted or free from errors, omissions, bugs or viruses.
6.3 To the maximum extent permitted by law and save as expressly stated in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the sites and/or any content on the Site arising from these Terms are expressly excluded.
6.4 Except as required by law, in no event will we (including our agents, employees or contractors) be liable for any direct, indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of these Terms and including any such loss:
(a) caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it or on any Sites linked to them; or
(b) that may arise from your use of Sites to which our Site links (such links not to be interpreted as endorsement by us of those linked Sites or of any goods or services offered on or through them).
6.5 If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of any applicable goods or service, or the supply of equivalent goods or an equivalent service.
6.6 To the maximum extent permitted by law, our maximum cumulative liability under these Terms will not exceed an amount greater than the income we have received from you in the last 3 months.
7.1 Any failure by us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
7.2 These Terms contain the entire agreement between you and us relating to the Site and supersedes any prior agreement. The validity, construction, breach and operation of these Terms shall be governed by the laws of and shall be adjudicated in the State of New South Wales.
7.3 If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
7.4 In the interpretation of these Terms, unless the context otherwise requires:
(a) words and phrases defined in the Copyright Act 1968 (Commonwealth) have the corresponding meaning;
(b) clause headings shall be disregarded; and
(c) words importing the singular include the plural and vice versa.
7.5 Neither these Terms nor your use of the Site create any agency, partnership or employee/employer relationship between you and Limelight.
7.6 Any notices required or able to be given by us under this Agreement may be given by email to any email address you provide to us. Any notices required or able to be given by you may be sent to [email protected]