Part 1 – General
In these terms and conditions:
- Content means any digital material including (without limitation) text, photographs, images, film, graphics and music.
- Foxtel, We or Us means Foxtel Management Pty Ltd ABN 65 068 671 938 of 5 Thomas Holt Drive, North Ryde, New South Wales, Australia, on behalf of the Foxtel Partnership.
- Foxtel Group means Foxtel, any Subsidiary of Foxtel, the Foxtel Television Partnership, the Foxtel Partnership, Customer Services Pty Limited (ACN 069 272 117) and Foxtel Cable Television Pty Limited (ACN 069 008 797).
- Site means the FOX8 website located at www.stage.fox8.tv.
- Subsidiary has the meaning given by the Corporations Act 2001 (Cth).
- You means a user of the Site.
- The Site is operated by Foxtel.
- Content displayed on the Site may offend some viewers and may not be appropriate for persons under the age of 18.
- With the exception of Content that is posted by a user, We own or license copyright in the Site and all Content displayed on the Site. You must not use, download, copy, adapt, modify, publish, create derivative works from, communicate or reproduce any part of the Site without Our prior written permission.
- You are provided with access to this Site only for Your personal use.
Use of the Site
- You will not use any part of the Site in any manner that is illegal. We reserve the right to refer any suspected illegal or criminal activity to relevant enforcement agencies.
- Access to certain areas of the Site may be restricted to Users who have registered an account with Us. You will not attempt to gain unauthorised access to a restricted area of the Site or use another person’s name, registration account or password.
- The Site is displayed and distributed on an “as is” basis. We do not promise the Site will be uninterrupted, virus-free or error-free. There may be delays, omissions, and interruptions in the availability of the Site or any part of the Site.
- We do not provide any promises of any kind (whether express or implied) in relation to the operation, the quality or the accuracy of the Site or any part of the Site, other than as required by law.
- From time-to-time, we may modify or take down the Site or any part of the Site.
- Your use of the Site, and any part of the Site, is at your own risk. You should make your own inquiries and seek advice prior to relying on any information provided on the Site.
- Parts of the Site may contain material provided by third parties over which Foxtel will have no control.
- The Site may contain links to other web sites or social media services. These links are provided for convenience only. While we will endeavour to keep these links up-to-date, they may not always be current.
- Unless the contrary intention appears on the Site, You should not assume that We endorse, approve of or recommend the linked website or its owners or operators.
- We are not responsible or liable for any loss or damage incurred by You in connection with your use of the Site, other than as required by law.
- Where liability cannot be excluded, our liability to You is limited to supplying the services again or paying the cost of having the services supplied again.
- Some content on the Site may contain repetitive strobe flashing. Viewers should exercise care when viewing if they suffer from epilepsy or similar conditions and should be aware of the following measures for reducing the effects of a photosensitive trigger:
- using a flatscreen monitor;
- sit well back from the screen and take regular breaks;
- watch TV/use screens only in a well-lit room; and
- remove 3D glasses before switching channels or looking at another screen.
- People with photosensitive epilepsy may be at increased risk of a seizure if they are tired, intoxicated or play videogames for too long without a break. Further information on photosensitive epilepsy can be found at <http://www.epilepsy.org.au/about-epilepsy/understanding-epilepsy/photosensitive-epilepsy>.
Part 2 – User Generated Content
User Generated Content
- Where users are permitted to post Content to the Site or submit Content to Foxtel or other users via the Site, the terms and conditions contained in clauses 11 to 15 (inclusive) will apply.
Creating an Account
- You may be required to create an account before posting Content to the Site. If You create an account you must keep confidential Your password and all account details.
- In order to keep Your personal details private and secure, You should not allow other people to use or access Your account. You will be fully responsible for any use of Your account.
- You must not create a false identity for any reason including (without limitation) to mislead others as to the identity of the sender or the origin of a message.
- You must not post any Content which violates, plagiarizes or infringes upon the intellectual property rights of any third party, including (without limitation) any copyright, trade mark, design right, moral rights or other intellectual property right;
- You agree to use the Site in accordance with the following provisions:
- You will not engage in any behaviour or post any Content on the Site that:
- is illegal;
- is abusive, pornographic, harassing, defamatory, racist, obscene or offensive;
- is fraudulent;
- infringes the privacy of any person or reveals any personal information belonging to any person;
- provides instructional information about illegal activities such as making or buying illegal weapons or substances, violating someone’s privacy or obtaining or creating computer viruses; and
- prevents, or might reasonably be expected to prevent, any other user from using or enjoying the site.
- You will not distribute, promote or otherwise publish any Content containing any solicitation for funds, advertising, solicitation for goods or services, surveys, contests, pyramid schemes or send any chain letters, junk email or any other duplicitous or unsolicited messages (commercial or otherwise); and
- You will not engage in any behaviour or post any Content on the Site that:
- You will not do anything that might cause harm to the Site, any other user or any Foxtel system.
- We may, at our discretion, remove any Content from the Site. However, We are not obliged to, and You should not assume that we will:
- monitor or moderate Content posted to the Site; and
- You remain solely responsible for Content you post to the Site.
Use of Your Content
- If You upload Content to the Site, You grant to Us, our assigns and our authorised nominees an irrevocable, non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, reproduce, display, communicate, broadcast, modify, adapt, transmit, prepare derivative works from and/or publish in any manner and in all media (present or future) throughout the world, any Content you place on the Site.
- You unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing the Content, to any act or omission that would otherwise infringe any moral rights in the Content, including (without limitation) use of the Content without attribution.
- You agree that you will 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) with regard to the Content.
- You agree that you will 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 this clause.
User Warranties and Indemnity
- By communicating Content via the Site, you warrant to us that:
- the Content is original and does not contravene any law, statute or court order or the intellectual property rights of any person; and
- You have the full legal right to licence all rights in the Content to Us and have obtained all necessary consents or releases from third parties for all and any use of the Content 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 requested.
- If there is any claim against Foxtel or its related parties in connection with Our use of Content supplied by You, You will indemnify and hold harmless each member of the Foxtel Group, and all directors, employees and or agents of each member of the Foxtel Group, from and against any loss, damage, claim or expense.
Part 3 – Miscellaneous
- This Agreement is governed by the laws of New South Wales, Australia. Both You and Foxtel irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
- If any provision in this Agreement is invalid or unenforceable under an applicable law, the remaining provisions will continue in full force and effect.
- Any complaints or questions about the Site should be directed to www.facebook.com/FOX8