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STATEMENT REGARDING TERMS AND CONDITIONS
Welcome to our Site. These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.
Use of this site
1. Macquarie Publishing Pty Limited (MP) is the owner and operator of this Site.
2. Users of this Site (Users) agree to be bound by these Terms & Conditions, which are subject to change at MP’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
Intellectual Property
3. All intellectual property in relation to content on this Site belongs to MP or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
4. You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by MP. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
5. The citynews.com.au logo, the logos of the site and the “CityNews” magazine masthead on this site are registered trademarks of MP. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability & Indemnity
6. MP does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at MP’s sole discretion and without notice.
7. MP will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
8. MP does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that MP or the server that makes it available, are free of viruses or bugs.
9. To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of MP for any breach of a term or condition implied by law is limited at MP’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
10. You indemnify MP and each of its directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Party Content & Links
11. This site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
12. This site may include links to third party sites which are not related to MP and in relation to which MP has no control or interest. The appearance of those links on this site does not indicate any relationship between MP and that third party or any endorsement by MP of that third party, its site or the products or services which it is advertising on this Site.
Contributing Content
13. When you submit content to MP in any format, including any text, photographs, graphics, video or audio, you grant MP a world-wide, non-exclusive, royalty –free, perpetual licence to publish that content.
14. You agree that MP can use that content in any way, now and in the future. MP also reserves the right not to use the content you submit.
15. You warrant to MP that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
16. You indemnify MP against any and all legal fees, damages and other expenses that may be incurred by MP as a result of a breach of the above warranty.
17. You waive any moral rights in your contribution for the purposes of its publication on the Site.
No Pre-Screening Or Editing
18. This is a community Site. As such, there are weblogs, forums, photo galleries and other interactive areas where users can express opinions and share ideas and information. MP cannot and does not monitor all of the material posted or transmitted to the Site. Additionally, MP does not control, and is not responsible for, Content made available through the Site by members.
19. By using the Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Site and any of its Content, including but not limited to whether you should rely on said Content.
20. You also agree that under no circumstances will MP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that Provider does not pre-screen or approve Content, but that MP shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason. MP reserves the right to delete any posting, message or photograph at any time, for any reason or no reason.
Online Behavior, Posting Rules
21. You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that purports to be from any person or entity, including but not limited to a Provider employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent.
- that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait advertising”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas which are not designated for such purposes; or (2) emailed to citynews.com.au users who have requested not to be contacted about other services, products or commercial interests.
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by the Commonwealth, or any State or Territory of Australia;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to the Service;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to MP’s computer systems or any other user’s computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MP website.
General
22. These Terms & Condition shall be governed by and interpreted in accordance with the laws of the Australian Capital Territory.
23. Responsibility for all election comment is taken by the editor, Ian Meikle, Level 1, 143 London Circuit, Canberra City ACT 2600.
24. Users will not use this site for any purpose or in any way which is unlawful.
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