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Country Music Channel website (the "Site") is owned and operated by Country Music Channel Pty Limited (ACN 075 911 554)
("CMC"). Your access to and use of the Site is subject to these terms and the Privacy
Policy which can be viewed at http://www.countrymusicchannel.com.au/privacy.asp (together, the "Terms of Use"), whether or not You become an authorised user of this Site. These Terms of
Use govern all communications that are
sent to the Site or sent to CMC as a
part of the Country Music Channel's interactive
programming services or interactive promotions
via various communication channels. These
communication channels include any communication
by any and all means of technology, including
without limitation, MDS, DTH, cable (digital
and analogue), via the Internet (including
broadband), radiowave transmission, all
forms of wireless communication (including
but not limited to transmission to and
from Personal Digital Assistants (PDA's),
mobile telephony, SMS and MMS messages
sent to the Site or CMC ("Interactive Communication").
Access to the contents of the Site and
participation in any Country Music Channel
Interactive Communication channels
is conditional upon your acceptance of
and compliance with these Terms of Use.
Please read the Terms of Use (including
our Privacy Policy) carefully as they
form the agreement between us and You.
If You do not agree to the Terms of Use,
You will not be permitted to use this
Site, nor participate in any Interactive
Communication. By using the Site or participating
in any Interactive Communication after
15 September 2005 You are agreeing to
be bound by these Terms of Use, including
all amendments made to these Terms of
Use (including our Privacy Policy) from
time to time notified by CMC.
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Restricted
Use
All
persons under the age of 18 years must
obtain the consent of their parent or
legal guardian before using any Interactive
Communication channels. ......................................................................................................................................................................................... |
User
Agreement
The
Terms of Use constitute your agreement
with CMC with respect to your use of
any Interactive Communication channels.
You must agree to abide by all of the
terms and conditions contained in the
Terms of Use in order to become or remain
an authorized user of the Site or to
be eligible to participate in any Interactive
Communication. As used in this Agreement, "we" and "us" means
CMC or any successor or assign of CMC.
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Right
to Use
Your
right to use and submit any Interactive
Communication is subject to any limitations,
conditions and restrictions established
by us from time to time, in our sole
discretion. We may alter, suspend or
discontinue any aspect of the Interactive
Communication channels at any time, including
the availability of any Site feature,
database or content. We may also impose
limits on certain features and aspects
of the Interactive Communication channels
or restrict your access to parts or all
of the Interactive Communication channels
without notice or liability. ......................................................................................................................................................................................... |
Communication
Channels
Through
its Interactive Communication channels,
we provide You with the ability to participate
in chat rooms, message boards, personal
messaging and other interactive communication
with other users. We require You to participate
in the Interactive Communication channels
in a responsible manner and You must
not communicate material which:
(a) infringes or adversely impacts
on the rights of any person;
(b) is under copyright, trade mark or other intellectual property
protection if You have not obtained a full and proper licence
from the owner;
(c) brings CMC into disrepute with any party;
(d) is defamatory, obscene, pornographic or offensive or which
incurs criminal or civil liability; (e) is technically deficient
in some manner including any material which contains a computer
virus; or
(f) is promotional or advertising in its nature.
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Monitoring
of Information
We
reserve the right to:
(a) monitor all advertisements, public postings, messages (including SMS), pictures,
photographs (including MMS) and video
and audio recordings to ensure that
they conform to these Terms of Use
and any applicable laws, regulations
and standards; and
(b) remove any content from the Site or Interactive Communication
channel that we consider is infringing.
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Code
of Conduct
You
agree to use the Interactive Communication
channels and the Site in accordance with
the following Code of Conduct:
(a)
You will keep all information provided
to You through the Site as private
and confidential and will not give
such information to anyone without
the permission of the person who
provided it to You;
(b) You will not use the Site or any Interactive Communication
channels to engage in any form of harassment or offensive behaviour,
including but not limited to the posting of communications, SMS,
pictures, photographs, MMS, videos or audio recordings which
contain libelous, slanderous, abusive or defamatory statements,
or racist, pornographic, obscene, or offensive language or images;
(c) You will not forward chain letters through the Site or any
Interactive Communication channel;
(d) You will not use the Site or any Interactive Communication
channel to infringe the privacy rights, intellectual property
rights, moral rights, or any other rights of any person;
(e) You will not post messages, pictures or recordings or use
the Site or Interactive Communication channels in any way which:
(i) which violates,
plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright, trade-mark or
intellectual property law, privacy or other personal or proprietary
rights; or
(ii) which is fraudulent or otherwise unlawful or violates
any law; and
(iii) to distribute, promote or otherwise publish any material
containing any solicitation for funds, advertising or solicitation
for goods or services;
(f) You will not use the Site or any Interactive Communication
channel to distribute or up load any virus, trojan horses or
do anything else that might cause harm to the Site or any Interactive
Communication channel, CMC systems or other member systems in
any way; (g) You will not use the Interactive Communication channels
to display or broadcast any pornographic or sexually explicit
material of any kind;
(h) You will not use the Site or any Interactive Communication
channel to display material that in a sexual or violent manner,
or solicits personal information from anyone;
(i) You will not use the Site or any Interactive Communication
channel to provide instructional information about illegal activities
such as making or buying illegal weapons, illegal substances,
violating someone's privacy, or providing or creating computer
viruses; (j) You will not post or transmit in any manner any
contact information including, email addresses, "instant
messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through
your publicly posted information; and
(k) You may only submit via other Interactive Communication channels,
photographs or MMS messages of yourself or of another person
who has given You, his or her express prior consent to submit
that photograph or MMS. If You are not the person in the photograph
or MMS, You warrant that any information or photographs which
You submit has been submitted with the full knowledge and permission
of the person portrayed in the photograph or MMS and with the
consent of any relevant copyright holder.
(l) Additionally, you must not:
(i) use the Site or
the Interactive Communication channels directly or indirectly
to post or transmit any information or material unlawfully,
or which is obscene, indecent, uses offensive language, defames,
abuses, harasses, stalks, threatens, menaces, offends or
restricts any person, or which prevents any other user from
using or enjoying the Site or any Interactive Communication
channel;
(ii) use the Site or the Interactive Communication channels
directly or indirectly, or use any service provided on the
Site Interactive Communication channels, to conduct surveys,
contests, pyramid schemes, or send chain letters, junk email
or any other duplicative or unsolicited messages (commercial
or otherwise);
(iii) attempt to gain unauthorised access to the Site, the
Interactive Communication channels or use another person's
name, registration account or password;
(iv) create a false identity for the purpose of misleading
others as to the identity of the sender or the origin of
a message;
(v) tamper with, hinder the operation of or make unauthorised
modifications to the Site Interactive Communication channels;
or
(vi) knowingly transmit any virus or other disabling feature
to the Site or any Interactive Communication channel.
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Privacy
and Use of Information
By
using the Interactive Communication channels
or accessing the Site, You have also
agreed to our Privacy Policy. You acknowledge
that:
(a) anything You submit via Interactive Communication channels may be displayed
on the Site or broadcast on CMC's
channels by any and all means of
technology, including without limitation,
MDS, DTH, cable (digital and analogue),
via the Internet (including broadband),
radiowave transmission, all forms
of wireless communication (including
but not limited to transmission to
and from Personal Digital Assistants
(PDA's), mobile telephony, microwave
transmissions and all other data
casting and content receiving devices
for the subscriber to provide (and
receive) communication, subject always
to CMC's Privacy Policy;
(b) we cannot ensure the security or privacy of information You
provide through the Internet, other networks and your email messages,
and You release us from any and all liability in connection with
the use of such information by other parties;
(c) we are not responsible for, and cannot control, the use by
others of any information which You provide to them and You should
use caution in selecting the personal information (as defined
in the Privacy Act 1988 (Cth)) You provide to others through
the Site or via Interactive Communication channels; and
(d) we cannot assume any responsibility for the content of messages
sent or text posted by other users of the Site, and You release
us from any and all liability in connection with the contents
of any communications You may receive from other users. We cannot
guarantee, and assume no responsibility for verifying, the accuracy
of the information provided by other users of the Site or sent
via Interactive Communication channels.
You may not use the Interactive Communication
channels for any unlawful purpose. We
may refuse to grant You, or may withdraw
from You an ID or nickname that impersonates
someone else, is protected by trademark
or intellectual property law, or is vulgar
or otherwise offensive, as determined
by us in our sole discretion. ......................................................................................................................................................................................... |
Removal
of Information
You
acknowledge that:
(a) we do not and cannot review every message or other material posted or sent
by users of Interactive Communication
channels;
(b) we are not responsible for any content of these messages
or materials;
(c) we may, but are not obligated to, delete, move, or edit messages
or materials, including photos, public postings, messages, that
we, in our sole discretion, deem to violate the Code of Conduct
set out above or any applicable content guidelines, laws, or
to be otherwise unacceptable.
You shall remain solely responsible for
the content of photos, public postings,
messages, and other materials You may
send via Interactive Communication channels
or upload to the Site. ......................................................................................................................................................................................... |
Termination
or suspension of access to Site
We
may, in our sole discretion, terminate
or suspend your access to all or part
of the Site or any Interactive Communication
channel at any time, with or without
notice, if you breach these Terms of
Use. In addition, fraudulent, abusive,
or otherwise illegal activity, or activity
that may otherwise affect the enjoyment
of the Site, an Interactive Communication
channel or the Internet by others may
be grounds for termination of your access
to all or part of the Site or an Interactive
Communication channel at our sole discretion,
and You may be referred to the appropriate
law enforcement agencies or we may notify
your internet service provider. ......................................................................................................................................................................................... |
Copyright
Protection
With
the exception of any materials that are
posted by You or another user on the
Site or communicated by You or another
user via the Interactive Communication
channel, copyright in this Site and each
Interactive Communication channel (including
text, graphics, logos, icons, sound recordings
and software) is owned by us or licensed
to us and you have no right, title or
interest in this copyright. Other than
for the purposes of using the Site in
accordance with these Terms of Use and
subject to the conditions prescribed
under the Copyright Act 1968 (Cth) and
similar legislation which applies in
your location, and except as expressly
authorised by these Terms of Use, You
must not in any form or by any means:
- adapt,
reproduce, store, distribute,
print, display, perform, publish
or create derivative works from
any part of this Site or any
Interactive Communication channel;
or
- commercialise
any information, products or
services obtained from any part
of the Site or any Interactive
Communication channel;
without our express written permission.
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Right
to Use
Trade
Marks This Site and each Interactive
Communication channel may include registered
trade marks owned by us (or our licensors)
and trade marks that are the subject
of applications for registration by us
(or our licensors). You must not use
any of our trade marks, including the
names "Country Music Channel" or "CMC".
- in or as the whole or part of your own
trade marks or business name or company name;
- in connection with activities, products
or services which are not ours;
- in a manner which may be confusing,
misleading or deceptive; or
- in a manner that disparages us or our
information, products or services (including this Site).
You must not authorise or assist any person to do any of the acts
specified above. ......................................................................................................................................................................................... |
Restricted
Use
Unless
we agree otherwise in writing, You are
provided with access to this Site and
each Interactive Communication channel
only for Your personal use. You are authorised
to print a copy of any information contained
on this Site for your personal use, unless
such printing is expressly prohibited.
Without limiting the foregoing, You must
not, without our written permission,
on sell information obtained from this
Site or any Interactive Communication
channel, or otherwise seek to exercise
any of the exclusive rights of the copyright
owner of any materials that are displayed
or posted on this Site or any Interactive
Communication channel without the prior
written consent of that copyright holder.
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Linked
Web Sites
This
Site may contain links to other web sites
(linked web sites). Those links are provided
for convenience only and may not remain
current or be maintained. We are not
responsible for the content or privacy
practices associated with linked web
sites. Our links with linked web sites
should not be construed as an endorsement,
approval or recommendation by us of the
owners or operators of those linked web
sites, or of any information, graphics,
materials, products or services referred
to or contained on those linked web sites,
unless and to the extent stipulated to
the contrary. CMC permits all Internet
service providers to transmit information
and materials on this Site to their subscribers
subject to compliance with these Terms
of Use. ......................................................................................................................................................................................... |
CMC
right to use submitted material
You
grant to us, our assigns and our authorised
nominees a non-exclusive, perpetual,
worldwide, transferable and royalty free
licence to use, display, modify, adapt,
transmit or copy any material communicated
by You via the Site or any Interactive
Communication channel in whatever format
(including text, graphics or music) ('Material')
in any manner in all media throughout
the world in perpetuity. Your submission
of Material to the Site shall be deemed
a valid and binding consent to the grant
of the licence to CMC as set out above.
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Moral
Rights Consent
To
the extent permitted by applicable law,
You unconditionally and irrevocably:
(a) consent, and will obtain all other necessary unconditional and irrevocable
written consents from other persons
involved in producing any Material,
to any act or omission that would
otherwise infringe any moral rights
in any Materials which are transmitted
by you onto the Site or any Interactive
Communication Channel, whether occurring
before or after a consent is given;
and
(b) waive, and will obtain all other necessary unconditional
and irrevocable written waivers of, all moral rights,
for our benefit, or the benefit of our
licensees, successors in title and anyone
authorised by any of them to do acts
comprised in the copyright. You agree
that you must not institute, maintain
or support any claim or proceeding against
Us, our licensees or successors for infringement
of any of Your moral rights (or the moral
rights of any third person) arising from
the transmission of Material to any Interactive
Communication Channel or through use
of the Site. You agree that you must
sign all documents and do all acts and
things reasonably required by Us for
the purpose of giving effect to our rights
in relation to your moral rights consent.
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Interruption
or Suspension
You
acknowledge that the Site or any Interactive
Communication channel may be temporarily
unavailable for maintenance and support
purposes. We are not responsible for
the suspension of or interruption to
the Site or any Interactive Communication
channel or network, regardless of the
cause of the interruption or suspension.
To the extent permitted by law, any claim
against us shall be limited to the amount
You paid, if any, for use of the Site
or any Interactive Communication channel
during the previous 12 months. We may
discontinue or change the Site or the
Interactive Communication channel or
its availability to You at any time,
and You must stop using the Interactive
Communication channel at any time. ......................................................................................................................................................................................... |
Indemnity
You
agree to indemnify us, our officers,
directors, employees and agents, from
any loss or damage, including reasonable
legal fees, which we may suffer or any
third party claims made against us arising
from your activities on or use of the
Site or any Interactive Communication
channel, including your negligence, any
breach by You of these Terms of Use or
any charges or complaints made by other
parties against You. You shall cooperate
as fully as reasonably required in the
defence of any claim. We reserve the
right to assume the exclusive defence
and control of any claim made against
us that You are required to indemnify
provided that You shall remain liable
for any such claim
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No
Warranties by CMC
The
Site and Interactive Communication channels
are displayed and distributed on an "as is" basis. We do not warrant that the Site or any Interactive Communication channel
will be uninterrupted, virus-free or
error-free. There may be delays, omissions,
and interruptions in the availability
of the Interactive Communication channel.
Where permitted by law, You acknowledge
that the Site and Interactive Communication
channels are provided without any warranties
of any kind whatsoever, either express
or implied, including the implied warranties
of merchantability and fitness for a
particular purpose. You acknowledge that
use of the Site and any Interactive Communication
channel is at your own risk. We do not
represent or endorse the accuracy or
reliability of any information, advice,
opinion, statement or other information
displayed, uploaded or distributed through
the Site or any Interactive Communication
channel by Us, or any user of the Interactive
Communication channel or any other person
or entity. You acknowledge that any reliance
upon any such opinion, information, advice,
statement or information shall be at your sole risk. We do not represent or endorse the accuracy or
reliability of any advice, opinion, statement
or other information displayed, uploaded
or distributed through the Site or any
Interactive Communication channel by
Us or any user of the Interactive Communication
channel or any other Interactive Communication
channel. Your continued use of the Site
and any Interactive Communication channel
now, or following the posting of notice
of any changes in the Terms of Use, will
constitute a binding acceptance by You
of the Terms of Use, or any subsequent
modifications. ......................................................................................................................................................................................... |
Your
warranties
You
warrant to CMC that:
(a) the Material You submit is original and does not contravene any law, statute
or contempt of court or provide any
person with a right of action in
copyright infringement, passing-off,
defamation, privacy, publicity or
confidence;
(b) the Material does not contain any encumbrances and You have
the full legal right to grant a licence in the Material to Us
and have obtained all necessary consents or releases from third
parties for all and any use of the Material by Us in perpetuity
without need for payment by Us to You or such third parties.
You agree to provide any written evidence of this right to Us
if We request;
(c) You have obtained written permission and releases for the
use of any persons' name, likeness and biography for any use
by Us of the Material;
(d) You agree to enter into any written documents if required
by Us to formalise your licence to Us in the Material to Us;
and
(e) You warrant that any information or photographs (including
MMS) which You submit via the Interactive Communication channels
has been submitted with the full knowledge and permission of
the person portrayed in the photograph. If You do not have the
requisite approval, or falsely claim to be the subject of a photograph,
We reserve the right to take down the photograph. In addition
You will be liable for breaching the Terms of Use and if necessary,
You may be referred to the appropriate law enforcement agency.
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No
Liability
You
acknowledge and agree that:
(a) we are not responsible or liable for any direct or consequential loss, damage
or expense incurred by You as a result
of your use of the Site or any Interactive
Communication channel;
(b) You are solely responsible for your own virus-protection
procedures; and
(c) We will not indemnify your use of the Site or any Interactive
Communication channel in any way.
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Variations
You
agree that we may change the Terms of
Use from time to time. Notification of
changes to the Terms of Use will be posted
on the Site or sent via electronic mail,
as we may determine in our sole discretion.
If You do not agree to the variations,
You should terminate your use of the
Interactive Communication channels. Your
continued use of the Interactive Communication
channels following the posting of notice
of any changes in the Terms of Use, will
constitute a binding acceptance by You
of this Agreement, or any subsequent
modifications. ......................................................................................................................................................................................... |
Disclosure
and Other Communication
By
using the Site and any Interactive Communications
channel, You consent to:
(a) Us sending electronic commercial messages to You to inform You of changes
or additions to the Site, or of any
of our related products and services;
and
(b) Our use of information about your usage of the Site or any
Interactive Communication channel and demographics in forms that
do not reveal your personal identity in accordance with our Privacy
Policy.
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Governing
Law
This
Agreement is entered into in New South
Wales, Australia. You agree that it will
be governed by the laws of the State
of New South Wales and any disputes arising
out of this Agreement will be subject
to the non-exclusive jurisdiction of
the courts of the State of New South
Wales. If any provision in this Agreement
is invalid or unenforceable under applicable
law, the remaining provisions will continue
in full force and effect. ......................................................................................................................................................................................... |
Enquiries
or Further Information
If
You require any further information please
write to:
Country Music Channel Pty Limited at Level 2, 7 West St, North Sydney
NSW 2060; or send an email to info@countrymusicchannel.com.au. |
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