WEBSITE USAGE TERMS & CONDITIONS
This Website is owned and operated by Von Essen Holdings Pty Ltd (ABN 95 736 359 302) – trading as Two Tribes Media (TTM).
The terms and conditions set out below govern your use of this Website (‘Site’). By using the Site, you must accept and abide by the Terms and Conditions.
If you do not accept the Terms and Conditions, you are not permitted to use the Site and you must refrain from using it.
TTM reserves the right to make changes to these Terms and Conditions which will be effective once they are published on the Site.
You should revisit this area of the Site regularly to check the Terms and Conditions
Use of Content
You understand and agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Site (the Website Content) comprises the intellectual property of Von Essen Holdings Pty Ltd or any relevant third parties from whom Von Essen Holdings Pty Ltd may license that Website Content.
You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Von Essen Holdings Pty Ltd, in a separate agreement.
You understand that by using the Site you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site, including obtaining and using any information, products and services, at your own risk.
Intellectual Property
You acknowledge that copyright, trademarks and all other intellectual property rights (“IP Rights”) in the Site and in the Material displayed or available through the Site belongs to TTM or its licensors.
You are provided access to the Site only for your personal use. Subject to applicable laws:
-
Unauthorised use of the Material is strictly prohibited and may infringe TTM or its licensors IP Rights in the Material, and
-
No content may be reproduced, published or transmitted in any manner without the prior written consent of Von Essen Holdings Pty Ltd.
-
Without limiting the above, and subject to applicable law, you may not without prior written permission from Von Essen Holdings Pty Ltd:
-
Archive the Material or any part of it
-
Form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material
-
Redistribute or republish the Material, or
-
Link to the Site including (without limitation) linking in any way which:
-
Frames the Site
-
Replicates the Site, or
-
Misleads any person regarding any association with the Site or any association with TTM (whether implicitly or expressly).
-
Any of the trademarks, service marks or logos displayed on the Site may be registered or unregistered marks of TTM or third-party owners. Nothing contained on the Site should be construed as granting any licence or right to use any of the Marks displayed on the Site without the express written permission of Von Essen Holdings Pty Ltd.
Any unauthorised uses of the trademarks are strictly prohibited.
Disclaimer
Except as provided by law, the Site is provided "as is" and without any warranty or condition, express or implied.
TTM does not warrant that the information contained in or accessible through the Site is accurate, suitable for your purposes or without errors, omissions, or viruses. TTM does not guarantee continuous, uninterrupted, or secure access to the Site. You acknowledge that access and use of the Site (including the software operating in connection with the Site) may be interfered with by numerous factors outside of Von Essen Holdings’ control. TTM does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Site.
Subject to the provisions of the Competition and Consumer Act 2010 (Cth), TTM makes no guarantees, representations or warranties in respect of the information and materials available on the Site or the means of accessing that information and material (including the software operating in connection with the Site). TTM makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than TTM which are or may become linked or framed to or from the Site.
Use of User Content
You agree that any User Content you submit in the course of accessing or using the Site will be available to TTM to use in any manner it thinks fit, subject to applicable provisions of the TTM Privacy Policy and any legislation including, without limitation, Australian privacy legislation. You agree that you will not upload or otherwise provide any User Content which:
-
Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading
-
Infringes anyone else’s rights (including intellectual property rights)
-
Impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services TTM considers to be inappropriate
-
Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions of Use
-
Violates any law, statute or regulation
-
Forges information to disguise the origin of any User Content, or
-
Encourages or incites any other person to engage in any of the above behaviour.
You grant to TTM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright you have in any User Content, in all media now known or not currently known. By submitting User Content, you also consent to any dealings with your User Content that may otherwise infringe your moral rights. TTM may copy any User Content, cause it to be seen and/or heard in public, and communicate it to the public. We may also allow third parties to do these things.
You can edit any User Content you submit via the Site. If you wish to delete some or all of your User Content, send an email to us at editor@intouchmagazine.com.au
Liability and Indemnity
To the maximum extent permitted by law, you specifically agree to indemnify and hold TTM and its affiliates, employees, agents, representatives and third-party service providers, harmless from any and all claims and liabilities relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph, Site includes any linked sites.
Privacy
TTM is committed to protecting your personal information and meeting the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the Act) (as amended from time to time). Two Tribes Media's Privacy Policy can be viewed at www.intouchmagazine.com.au/privacy-policy
Linked Sites
The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under Von Essen Holdings control. No link appearing in the Site and no external site linked to the Site is endorsed by Von Essen Holdings and no responsibility is taken for material them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify Von Essen Holdings against any liability arising out of your accessing any linked site.
Alteration
TTM may alter any of the content on the Site at any time. Amendment of Terms and Conditions of Use
TTM may amend, add to or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Site or any product or service obtainable through the Site after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
TTM has designed the Site for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Site outside the Commonwealth of Australia. The Site is available only to people in Australia who can form legally binding contracts under applicable law.