The Network Ten Corporate Web Site http://tencorporate.com.au/ ('the Web Site') is owned and operated by Network Ten Pty Limited (Administrators Appointed) (Receivers & Managers Appointed) ACN 052 515 250 ABN 91 052 515 250 ('TEN').
Your access to the Web Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this disclaimer notice and anywhere else in the Web Site ('the Terms'). Your access to the Web Site constitutes your agreement to the Terms. TEN reserves the right to change the Terms at any time, and you should check them from time to time for that reason.
Except where expressly stated, TEN makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided 'as is' without express or implied warranty of any kind. TEN disclaims (to the full extent allowable by law), all warranties with regard to this information, including any advertisements, including all implied warranties as to merchantability or fitness for use. TEN shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to the Web Site or the use or performance of information contained in it.
Neither TEN nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
TEN accepts no responsibility for your actions if you act contrary to any of these Terms, and you agree by accessing the Web Site to indemnify and hold harmless TEN and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against TEN by any person arising from or in consequence of such an action, and from and against any damage, loss, cost or expense suffered or incurred by TEN as a direct or indirect consequence thereof.
All information, text, images, graphics, software and advertisements contained in the Web Site are protected by International and Australian Copyright and Trademark Law, and all rights are reserved. Except where expressly stated all material on the site is presented for your information and entertainment only, and you are not permitted to download any material except when reasonably necessary to access the Web Site. When you access the site, you agree that you do so on the following conditions:
- a) Except as noted above, you may retrieve, review or download the material for your personal information and entertainment only.
b) You may save a local copy of or print material from it for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for any use and all commercial exploitation of any material on the Web Site is expressly prohibited.
- c) Any copyright notice or mark appearing on any material on the Web Site must be included on any copy you make.
- d) You must keep all material intact and in the same form as presented on the Web Site; you may not modify it without the express permission of TEN.
- e) You must not use the Web Site or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of TEN or any other owner of any rights in the material contained in the Web Site.
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The TEN logo is a registered trademark of Network Ten Pty Limited (Administrators Appointed) (Receivers & Managers Appointed) and it may not be used without the prior specific and written permission of TEN. No other trademark appearing in the Web Site may be used without the prior specific and written permission of the trademark owner.
6. Comments box and other interactive facilities
Your use of or participation in any interactive facility associated with the Web Site constitutes your agreement that you will not, while doing so:
- a) Post or transmit any illegal, threatening, abusive, defamatory, obscene, pornographic or indecent information or material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so.
- b) Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, performance, moral or copyrights unless you have first obtained the express permission of the relevant right holder.
- c) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus.
- d) Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material), except for legitimate e-commerce functions to be performed by registered users.
- e) Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Web Site or posted or transmitted on any interactive facility.
- f) Download or post any material, which you know or ought to know cannot be legally distributed. TEN reserves the right-to-refuse access to any person or edit or delete material posted by any person for any reason without notice.
- Notwithstanding its right to supervise or actual supervision of interactivity, TEN has no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility for any contents therein including, but not limited to, responsibility for any defamatory material.
By participating in any interactivity on the Web Site, you grant to TEN a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material placed by you on the Web Site. Your licence will be by reference to the material placed by you on the Web site.
You expressly waive in favour of TEN and any other party authorised by TEN all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire.
At the request and expense of TEN you will execute and deliver to TEN such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
The Web Site may contain hyperlinks to Internet web sites operated by third parties. TEN is not responsible for the contents of any linked web site or any hyperlink contained in the linked web site. The inclusion of any link does not imply any endorsement of the linked web site by TEN. Any link within the Web Site, which takes you to a third-party web site should only be clicked on entirely at your own risk. TEN does not endorse or in any way adopt representations made by advertisers on the Web Site or any linked web site, nor are any offers made by such advertisers or web site operators also made by TEN.
8. Governing Law
This agreement between you and TEN will be governed by the Laws of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
Personally identifiable information may be gathered from contest registration, content submissions, community postings, suggestions, voting activities and transactional areas. That information will not be sold or otherwise transferred to third parties not affiliated with TEN without the approval of the person being obtained. By providing information in such a manner you agree that it may be used for the purposes for which it is sought (for example, for the delivery of e-mail services or e-commerce transactions).
TEN reserves the right to perform statistical analysis of user activity and characteristics in order to measure interest in and use of the various areas in the Web Site and to inform others of such information, as well as the number of users who have been exposed to or have clicked on any particular areas in the site. You acknowledge that when you voluntarily disclose personally identifiable information in comments boxes or, subject to commercial confidentiality, in e-commerce areas on the Web Site, that information, along with any substantive information disclosed in your communication, may be collected and collated and used by TEN and may result in unsolicited messages from TEN.