The TENplay website (http://tenplay.com.au/) and associated applications ('the Websites') are owned and/or operated by Network Ten Pty Limited (Administrators Appointed) (Receivers & Managers Appointed) ACN 052 515 250 ABN 91 052 515 250 ('TEN'). These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Websites ("You") and TEN. The terms and conditions apply, no matter how You may access Websites, including but not limited to via personal computers, laptops, mobile devices, television, and/or a really simple syndication (RSS) feed.
Your access to and use of the Websites are conditional upon Your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in these Terms and Conditions and anywhere else in the Websites ('the Terms'). By accessing and/or using the Websites You indicate Your acceptance of the Terms. TEN reserves the right to change the Terms at any time, and Your continued access/use of the Websites after such change constitutes acceptance of the changes by You. You should check the Terms from time to time for that reason.
TEN reserves the right to change, alter or discontinue any aspect of the Websites without notice.
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.
Other than warranties and conditions implied by relevant legislation including the Australian Consumer Law 2010, the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void ("Non-excludable Condition"), TEN excludes all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site.
If TEN is liable to You arising from a breach of any Non-excludable Condition (other than one implied by the Australian Consumer Law 2010), TEN limits its liability to You for that breach, at TEN's option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. Other than liability for any Non-excludable Condition, TEN excludes all liability for any damages whatsoever including without limitation any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of 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.
There may be occasions where certain areas of the Web Site contain adult or mature content. In those circumstances, You must be at least 18 years of age to access and view such areas. By clicking "I Accept" (or providing other appropriate form of acknowledgement as required) where indicated before entering certain parts of the Web Site You certify that You are 18 years of age or older.
By using the Websites, you may be exposed to material that you find offensive, objectionable and harmful. By using the Websites, you assume all associated risks.
TEN accepts no responsibility for Your actions or omissions, and You agree by accessing and/or using the Websites, 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, demands and costs (on a full indemnity basis) brought or made against TEN by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by TEN as a direct or indirect consequence thereof, including in relation to any content or material You contribute to the Websites (eg through blogs, chat rooms, Eyewitness or forums).
You agree that TEN may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of Your activities in relation to the Websites, including providing any and all information held by TEN, including Your personal or other details, to those authorities and law enforcement agencies.
4. Intellectual Property Rights
All content and functionality, including all information, text, images (moving and still), graphics, sound, stories, competitions, software and advertisements contained in the Websites ("material") are protected by International and Australian law, including Copyright and Trademark Law, and all rights are reserved. Except where expressly stated all material on the Websites are presented for Your information and entertainment only, and You are not permitted to download or reproduce any material except when reasonably necessary to access and/or use the Websites. When You access the Websites, You agree that You do so on the following conditions:
4.1 Except as noted above, You may access, use, retrieve, review or download the material for Your personal information and entertainment only.
4.2 You may save a local copy of or print material from the Websites 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 use or exploitation of any material on the Websites are expressly prohibited.
4.3 Any copyright notice or mark appearing on any material on the Websites must be included on any copy You make.
4.4 You must keep all material intact and in the same form as presented on the Websites; You may not modify it without the express permission of TEN.
4.5 You must not reproduce, communicate, republish or otherwise make available any material from the Websites on the Internet or any means including by other publiclyaccessible media (eg, newspaper, television or radio) without the specific written consent of TEN.
4.6 You must not use the Websites 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 Websites.
These Terms replace entirely any implied licence terms that might otherwise apply to the material on the Websites. TEN explicitly prohibits use of the material on the Websites in any manner other than as expressly licensed in these Terms. Notwithstanding the above, educational institutions may download audio or audio-visual program material solely for their educational purposes under the terms of Part VA of the Copyright Act, 1968. For more information educational institutions should contact Screenrights (email@example.com). Activities You must not engage in include:
4.7 making a copy, modification, adaptation or reselling or redistributing any material on the Websites;
4.8 any commercial use of material on the Websites, unless such use is authorised in writing by TEN;
4.9 any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Websites;
4.10 any use of or access to the Websites by any automatic tool, including "spiders", "crawlers", "robots" or offline browsing tools; or
4.11 any access or use of the Websites by any means that is contrary to the commercial interests of TEN (eg, to facilitate a means of encouraging users of the Websites to use another website offering services similar to those on the Websites).
4.12 Copyright Agence France-Presse (AFP), 2011
AFP text, photo, graphic, audio or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use. AFP will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service, AFP does not obtain releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or quoted in its texts. Further, no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP material. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP material.
4.14 AAP DISCLAIMER AND COPYRIGHT NOTICE
AAP content is owned by or licensed to Australian Associated Press Pty Limited and is copyright protected. AAP content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed, whether by caching, framing or similar means, without AAP’s prior written permission. AAP and its licensors are not liable for any loss, through negligence or otherwise, resulting from errors or omissions in or reliance on AAP content. The globe symbol and “AAP” are registered trade marks.
In relation to the AAP material You may not:
(a) use the text, images or videos as part of an RSS feed;
(b) post the text, images or videos to Usenet newsgroups; or
(c) using any other functionality or application which extends or replaces the prohibited uses specified in clauses (a) to (b).
The TENplay, TEN, ONE and ELEVEN logo and trade marks are registered trademarks of Network Ten Pty Limited (Administrators Appointed) (Receivers & Managers Appointed) and may not be used without the prior specific and written permission of TEN. No other trademark appearing in the Websites may be used without the prior specific and written permission of the trademark owner.
6.1 You agree to provide true and accurate information about Yourself as prompted by the registration form ('Registration Information') and promptly update any such Registration Information. You may only register once and You must not register, or attempt to register, more than once or attempt to achieve registration of more than one membership for Yourself (eg by applying for multiple registrations or memberships by using different email addresses, different mailing addresses or variations on first or last name for the same person). When You register, You must provide Your real name and any other such details as requested on the registration form.
We may use the information you provide at registration to let you know about programs and other things we think may be of interest to you. If we use this information for direct marketing purposes, we will give you the opportunity to opt out of receiving any further marketing material.
If You provide any information that is untrue, inaccurate or inappropriate or TEN has reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate or that You have registered, or attempted to register, more than once, TEN has the right to suspend, terminate, lock or delete Your membership registration. TEN accepts that You may make a mistake when registering information about You, and that You will need to correct such mistakes. However, TEN may suspend, lock, terminate and/or delete Your membership if certain details about You (eg Your age) are changed on more than one occasion.
6.2 These Terms will be supplemented by any specific terms and conditions for individual competitions or promotions that You may enter on the Websites or on any other Ten website.
6.3 You are responsible for maintaining the confidentiality of Your password. You agree to immediately notify TEN of any unauthorised use of Your password or any other breach of security.
6.4 TEN may refuse Your registration request for any reason, including if You attempt to associate the same email address with more than one membership (irrespective of whether an existing membership is inactive or has been deleted, locked or suspended) or if TEN has reasonable grounds to suspect that You have registered, or attempted to register, more than once.
7. Comments box and other interactive facilities
In relation to Your use of or participation in any interactive facility associated with the Websites (eg blogs, chat rooms, Eyewitness and forums) You agree to the following:
7.1 You are legally responsible for all material and content You submit to the Websites.
7.2 All content and material published on the Websites is at TEN's sole discretion. TEN reserves the right to refuse access to any person or edit or delete material posted by any person for any reason without notice.
7.3 TEN may in its absolute discretion remove, alter or block any material submitted to the Websites by You, and TEN may terminate, suspend or restrict Your access or use of part or all of the Websites.
7.4 Under no circumstances will You post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years.
7.5 You will not:
(a) Post or submit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent 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 submit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, confidence, performance, moral or copyright unless You have first obtained the express permission of the relevant right holder.
(c) Post or submit any material that is false or misleading.
(d) Post or submit any material that is inappropriate or of nuisance value.
(e) Post or submit any material that provides instruction on illegal activity or discuss illegal activities with the intent to commit them.
(f) Knowingly post or submit or permit the posting or transmission of any material, which contains a computer virus.
(g) 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.
(h) Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Websites or posted or transmitted on any interactive facility.
(i) Download or post any material, which You know or ought to know, cannot be legally distributed.
(j) Post or submit any material on behalf of a suspended member or use an account that is not yours. If this occurs, TEN reserves the right to lock, suspend or terminate Your membership.
7.6 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 or liability for any contents therein including, but not limited to, responsibility for any defamatory material or for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Websites.
7.7 You warrant that You are the owner of, or are licensed to use, all intellectual property rights in, and that no third party intellectual property rights will be infringed by, any material placed by You on the Websites.
7.8 You grant to TEN a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, edit, publish and/or broadcast, communicate, publicly perform and display any material and/or any part of any material submitted by You to the Websites in any manner and in any medium or forum. Your grant of licence to TEN will be by reference to the material submitted by You to the Websites.
7.9 You consent to TEN doing all things to any material You place on or submit to the Websites, including reproducing, transmitting, publishing, modifying or altering such material, and without attribution of authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material.
7.10 At the request and expense of TEN You agree to do all things necessary or desirable, including executing other documents, to give effect to these Terms, eg signing all documents in relation to intellectual property rights and moral rights.
7.11 You consent to Your personal information being used and/or disclosed for any reasons given to You by TEN in relation to the collection or use and disclosure of Your personal information. For example, You consent to TEN using and disclosing Your personal information for the purposes of sending marketing or other promotional material to You. Notices that may be sent to You include emails that confirm Your registration with the Websites, as well as any other notice related to TEN's operation of the Websites. Futher,
8. Dealings with Third Parties
Any dealings between You and third parties (eg affiliates and associates of TEN) through the Websites, such as participation in promotions of advertisers and its terms, conditions, warranties or representations, are solely between You and such third party and You agree that TEN is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as the result of the presence of the third parties on the Websites.
The Websites may contain hyperlinks to Internet websites operated by third parties (eg associates and affiliates of TEN). TEN is not responsible for the contents of any linked web site (including any goods or services offered or supplied through such a 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 Websites, which takes You to a third-party website, is clicked on entirely at Your own risk. TEN does not endorse or in any way adopt representations made by advertisers on the Websites or any linked web site, nor are any offers made by such advertisers or web site operators also made by TEN.
You agree that TEN may in its absolute discretion terminate or suspend Your password or registration, remove, alter, block or suspend any content on, or that You submit to, the Websites, for any reason with or without notice. TEN will not be liable to You or any third party for any such action, including termination of Your registration.
Notices to You may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Websites.
12. Comments and Complaints
13. Governing Law
The Terms constitute the entire agreement between You and TEN and will be governed by the Laws of New South Wales, Australia. If any provision of the Terms are 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.
This page last updated: October 2013
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