This Agreement sets forth the terms and conditions which apply to the use by you of the Nextmedia Sites (as defined below) and any other subscription product or service offered for sale by Nextmedia and/or its affiliates (collectively, "Nextmedia "). The right to use any product or service offered by Nextmedia is personal to you and is not transferable to any other person or entity.
The "Nextmedia Sites" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by Nextmedia on the World Wide Web. The Nextmedia Sites consist of information services and content provided by Nextmedia, affiliates of Nextmedia and third parties. The term "Community Areas" means the bulletin boards, forums, chat rooms and other user participatory areas on the Nextmedia Sites.
Nextmedia shall have the right at any time to change or discontinue any aspect or feature of the Nextmedia Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of the Nextmedia Sites and the Community Areas.
A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Nextmedia 's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with Nextmedia 's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Nextmedia.
B. The Nextmedia Sites and the Community Areas contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Nextmedia Sites are copyrighted as a collective work under the Australian copyright laws. Nextmedia is the owner of the copyright in the entire Nextmedia Sites. Nextmedia owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Nextmedia Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Nextmedia Sites without the express permission of Nextmedia and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Nextmedia Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Nextmedia Sites shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media.
C. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
D. You hereby grant to Nextmedia, Nextmedia and their respective affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to Nextmedia (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
E. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Nextmedia considers to be offensive.
F. You shall provide Nextmedia with accurate, complete and updated information provided by you at the time of registration.
G. The Nextmedia Sites contain links to other web sites, resources and advertisers. Nextmedia is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Nextmedia be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or Webmaster.
H. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Nextmedia Sites and Community Areas and all charges related thereto.
I. The foregoing provisions of this Section 3 are for the benefit of Nextmedia, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
J. Nextmedia has carefully designed the Nextmedia Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Nextmedia Sites in any way that interferes with that purpose. In particular, Nextmedia prohibits any party from displaying the content on the Nextmedia Sites in any format where third party advertising or other materials that Nextmedia did not authorize is viewed or viewable together with Nextmedia 's proprietary content.
Nextmedia shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by Nextmedia from time to time. Nextmedia shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, Nextmedia shall have the right, but not the obligation, to remove any material that Nextmedia, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Nextmedia, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Nextmedia nor any of its affiliates shall assume or have any liability for any action or inaction by Nextmedia with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability
A. You expressly agree that use of the community areas and the Nextmedia Sites is at your sole risk. Neither Nextmedia, its affiliates or any of their respective employees, agents, third party content providers or licensors warrant that the Nextmedia sites will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Nextmedia sites or as to the accuracy, reliability or content of any information, service or products provided through the sites or the community areas.
B. The Nextmedia sites and the community areas are provided on an "As Is", "As Available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties if merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. The Disclaimers of liability contained in this section 5 apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that Nextmedia is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
D. In no event will Nextmedia or any person or entity involved in creating, producing or distributing the Nextmedia sites be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Nextmedia sites or out of the breach of any warranty. You hereby acknowledge that the provisions of this section 5 shall apply to all content on the Nextmedia sites and/or the community areas. Nextmedia's liability to users, if any, shall in no event exceed the total amount paid to Nextmedia.
E. Nextmedia neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Nextmedia sites, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorized Nextmedia employee spokespersons while acting in their official capacities. Under no circumstances will Nextmedia be liable for any loss or damage caused by your reliance on information obtained through either the content on the Nextmedia sites and/or any postings on the community areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Nextmedia sites and/or the community areas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
F. Nextmedia does not endorse, warrant or guarantee any products or services offered through the Nextmedia sites and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use you best judgement and exercise caution where appropriate. Nextmedia makes products or service available on the Nextmedia sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
G. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Neither Nextmedia nor its third party content providers shall have any liability for investment decisions based upon, or the results obtained from, the content provided herein. Neither Nextmedia nor its third party content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness or any such information. Nothing contained in the Nextmedia sites shall be construed as investment advice. Nextmedia is not a registered broker-dealer or investment advisor and does not give investment advice.
You agree to defend, indemnify and hold harmless Nextmedia, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Nextmedia Sites and/or the Community Areas.
Nextmedia shall have the right to immediately terminate this Agreement with respect to any user which Nextmedia, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 9 shall survive termination of this Agreement.
All trademarks appearing on the Nextmedia Sites are the property of their respective owners, including, in some instances, Nextmedia.
9. Subscription Services; Products.
(a) Subscription Services. Nextmedia makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by Nextmedia on the Nextmedia Sites (the "Subscription"):
A. Subscription Terms. We currently offer a number of subscription terms: 6, 12 and 24 month magazine subscriptions, set to expire after the agreed term.
We also offer continuous subscription terms, in the instance that you are offered and accept a continuous subscription service, t your Subscription will continue until Nextmedia receives notification of termination from you as described in subsection C below. In this process you authorize Nextmedia to charge the credit card or bank account, you provided during the registration process, the current fees and charges for each subsequent term according to the subscription plan chosen by you.
If you subscribed for a term of 6 months, one (1) year or more, you will be notified by Nextmedia before the account designated by you lapses, after your first term.
You are responsible for any charges associated to connecting to the Nextmedia Sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Nextmedia with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
B. Changed Terms. Nextmedia shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Nextmedia Sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
C. Termination. Either you or Nextmedia may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Nextmedia in operating the Nextmedia Sites and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to Nextmedia Customer Service, 52 Victoria Street McMahons Point, NSW 2060, by e-mail sent webmaster@Nextmedia.com.au. Notice of termination will be effective upon receipt by Nextmedia. Without limiting the foregoing, Nextmedia shall have the right to immediately terminate this Agreement with respect to any user which Nextmedia, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or cancelled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Nextmedia for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, Nextmedia shall make a pro rata refund to you.
(b) Products and Other Services. With respect to products and services offered for sale by Nextmedia and third parties or through the Nextmedia Sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
This Agreement and any operating rules for the Nextmedia Sites and the Community Areas established by Nextmedia constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New South Wales, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.