Except where expressly stated, TEN and SHINE makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided 'as is' without express or implied warranty of any kind.
Other than warranties and conditions implied by relevant legislation including the Australian Consumer Law 2010, the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void ("Non-excludable Condition"), TEN and SHINE exclude all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site.
If TEN and/or SHINE is liable to You arising from a breach of any Non-excludable Condition (other than one implied by the Australian Consumer Law 2010), they limit their liability to You for that breach, at their option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. Other than liability for any Non-excludable Condition, TEN and SHINE exclude all liability for any damages whatsoever including without limitation any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of the Web Site or the use or performance of information contained in it.
TEN nor any of their respective related bodies corporate, employees, officers, agents, contractors or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
There may be occasions where certain areas of the Web Site contain adult or mature content. In those circumstances, You must be at least 18 years of age to access and view such areas. By clicking "I Accept" (or providing other appropriate form of acknowledgement as required) where indicated before entering certain parts of the Web Site You certify that You are 18 years of age or older.
TEN and SHINE accept no responsibility for Your actions or omissions, and You agree by accessing and/or using the Web Site, to indemnify and hold harmless both TEN and SHINE and their respective related bodies corporate and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against TEN and/or SHINE by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by TEN and/or SHINE as a direct or indirect consequence thereof, including in relation to any content or material You contribute to the Web Site (eg through blogs, chat rooms or forums) or social media platforms accessed through the Web Site (eg through Facebook, Twitter, You Tube, Google+) (the ‘Social Media Pages’).
You agree that TEN and SHINE may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of Your activities in relation to the Web Site or Social Media Pages, including providing any and all information about You held by TEN and SHINE, including Your personal or other details, to those authorities and law enforcement agencies.
4. Intellectual Property Rights
All content and functionality, including all information, text, images (moving and still), graphics, sound, stories, competitions, software and advertisements contained in the Web Site ('Material') are protected by International and Australian law, including Copyright and Trademark Law, and all rights are reserved. Except where expressly stated all Material on the Web Site is presented for Your information and entertainment only, and You are not permitted to download or reproduce any material except when reasonably necessary to access and/or use the Web Site. When You access the Web Site, You agree that You do so on the following conditions:
4.1 Except as noted above, You may access, use, retrieve, review or download the Material for Your personal information and entertainment only.
4.2 You may save a local copy of or print Material from the Web Site for Your own personal information or entertainment, and to inform others about it, but You may not charge any fee for any use and all commercial use or exploitation of any Material on the Web Site is expressly prohibited.
4.3 Any copyright notice or mark appearing on any Material on the Web Site must be included on any copy You make.
4.4 You must keep all Material intact and in the same form as presented on the Web Site, and You may not modify it without the express permission of TEN and SHINE.
4.5 You must not reproduce, communicate, republish or otherwise make available any Material from the Web Site on the Internet or any means including by other publicly accessible media (e.g. newspaper, television or radio) without the specific written consent of TEN and SHINE.
4.6 You must not use the Web Site or any of the Material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of TEN and/or SHINE or any other owner of any rights in the Material contained in the Web Site.
These Terms replace entirely any implied licence terms that might otherwise apply to the Material on this Web Site. TEN and SHINE explicitly prohibit use of the Material on this Web Site in any manner other than as expressly licensed in these Terms. Notwithstanding the above, educational institutions may download audio or audio-visual program material solely for their educational purposes under the terms of Part VA of the Copyright Act, 1968. For more information, educational institutions should contact Screenrights (firstname.lastname@example.org)
Activities You must not engage in include:
4.7 making a copy, modification, adaptation or reselling or redistributing any Material on this Web Site;
4.8 any commercial use of Material on this Web Site, unless such use is authorised in writing by TEN and SHINE;
4.9 any form of representation, including linking or framing, that could mislead or deceive a person into believing that the Material is from a source other than the Web Site;
4.10 any use of or access to the Web Site by any automatic tool, including 'spiders', 'crawlers', 'robots' or offline browsing tools; or
4.11 any access or use of the Web Site by any means that is contrary to the commercial interests of TEN and SHINE (e.g. to facilitate a means of encouraging users of the Web Site to use another website offering services similar to those on the Web Site).
The TEN logo and trade marks are registered trademarks of Network Ten Pty Limited and may not be used without the prior specific and written permission of TEN. The SHINE logo and trade marks are registered trademarks of Shine (Aust) Pty Ltd and may not be used without the prior specific and written permission of SHINE. No other trademark appearing in the Web Site may be used without the prior specific and written permission of the trademark owner.
6.1 You agree to provide true and accurate information about Yourself as prompted by the registration form ('Registration Information') and promptly update any such Registration Information. You may only register once and You must not register, or attempt to register, more than once or attempt to achieve registration of more than one membership for Yourself (e.g. by applying for multiple registrations or memberships by using different email addresses, different mailing address or variations on first or last name for the same person). When You register, You must provide Your real name and any other such details as requested on the registration form. If You provide any information that is untrue, inaccurate or inappropriate or TEN have reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate or that You have registered, or attempted to register, more than once, they have the right to suspend, terminate, lock or delete Your membership registration. TEN accept that You may make a mistake when registering information about Yourself, and that You will need to correct such mistakes. However, TEN may suspend, lock, terminate and/or delete Your membership if certain details about You (e.g. your age) are changed on more than one occasion.
6.2. These Terms will be supplemented by any specific terms and conditions for individual competitions or promotions that You may enter on the Web Site the Social Media Pages or on any other TEN or SHINE web site.
6.3 You are responsible for maintaining the confidentiality of Your password. You agree to immediately notify TEN and SHINE of any unauthorised use of Your password or any other breach of security You become aware of relating to the Web Site or Social Media Pages.
6.4 TEN may refuse Your registration request for any reason, including if You attempt to associate the same email address with more than one membership (irrespective of whether an existing membership is inactive or has been deleted, locked or suspended) or if they have reasonable grounds to suspect that You have registered, or attempted to register, more than once.
7. Comments box and other interactive facilities
In relation to Your use of or participation in any interactive facility associated with the Web Site (e.g. blogs, chat rooms and forums) or Social Media Pages accessed through the Web Site, You agree to the following:
7.1 You are legally responsible for all content You submit to the Web Site and Social Media Pages.
7.2 All content and material published on the Web Site is at TEN and SHINE's sole discretion. TEN and SHINE reserve the right to refuse access to any person or edit or delete material posted by any person for any reason without notice.
7.3 TEN and SHINE may in their absolute discretion remove, alter or block any material submitted to the Web Site by You, and may terminate, suspend or restrict Your access or use of part or all of the Web Site.
7.4 Under no circumstances will You post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years.
7.5 You will not:
(a) Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so.
(b) Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, performance, moral or copyright unless You have first obtained the express permission of the relevant right holder.
(c) Post or transmit any material that is false or misleading.
(d) Post or transmit any material that is inappropriate or of nuisance value.
(e) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus.
(f) Attempt to exploit the activity for Your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material), except for legitimate e-commerce functions to be performed by registered users.
(g) Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Web Site or posted or transmitted on any interactive facility.
(h) Download or post any material, which You know or ought to know cannot be legally distributed.
(i) Post or transmit any material on behalf of a suspended member. If this occurs, TEN and SHINE reserve the right to lock, suspend or terminate Your membership.
7.6 Notwithstanding their right to supervise or actual supervision of interactivity, TEN and SHINE have no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility or liability for any contents therein including, but not limited to, responsibility for any defamatory material or for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Web Site.
7.7 You warrant that You are the owner of, or are licensed to use, all intellectual property rights in, and that no third party intellectual property rights will be infringed by, any material placed by You on the Web Site.
7.8 You warrant that You have the right to grant to TEN and SHINE, and in fact grant to TEN and SHINE, a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any material placed by You on the Web Site. Your licence will be by reference to the material placed by You on the Web Site.
7.9 You consent to TEN and SHINE doing all things to any material You place on the Web Site, including reproducing, transmitting, publishing, modifying or altering such material, and without attribution of authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material.
7.10 At the request and expense of TEN and SHINE You agree to do all things necessary or desirable, including executing other documents, to give effect to these Terms (e.g. signing all documents in relation to intellectual property rights and moral rights).
7.11 You consent to Your personal information being used and/or disclosed for any reasons given to You by TEN in relation to the collection or use and disclosure of Your personal information. Notices that may be sent to You include emails that confirm Your registration with the Web Site, newsletters and/or emails in connection with Your membership registration on the Web Site, as well as any other notice related to TEN's operation of the Web Site.
8. Dealings with Third Parties
Any dealings between You and third parties (e.g. affiliates and associates of TEN and/or SHINE) through the Web Site or Social Media Pages accessed through the Web Site, such as participation in promotions of advertisers and its terms, conditions, warranties or representations, are solely between You and such third party and You agree that neither TEN nor SHINE is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as the result of the presence of the third parties on, or accessed through, the Web Site.
The Web Site may contain hyperlinks to Internet web sites or feeds operated by third parties (e.g. associates and affiliates of TEN and/or SHINE). Neither TEN nor SHINE is responsible for the contents of any linked web site or feed (including any goods or services offered or supplied through such a web site) or any hyperlink contained in the linked web site or feed. The inclusion of any link does not imply any endorsement of the linked web site or feed by TEN and SHINE. Any link within the Web Site, which takes You to a third-party web site or feed is clicked on entirely at Your own risk. Neither TEN nor SHINE endorse or in any way adopt representations made by advertisers on the Web Site or any linked web site or feed, nor are any offers made by such advertisers or web site operators also made by TEN and/or SHINE.
You agree that TEN and SHINE may in their absolute discretion terminate or suspend Your password or registration, remove, alter, block or suspend any content on, or that You submit to, the Web Site, for any reason with or without notice. Neither TEN nor SHINE will be liable to You or any third party for any such action, including termination of Your registration.
Notices to You may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Web Site.
12. Comments and Complaints
TEN have a variety of complaint handling mechanisms. Details about how to lodge a complaint can be found at Contact Us
13. Governing Law
The Terms constitute the entire agreement between You, TEN and SHINE will be governed by the Laws of New South Wales, Australia. If any provision of the Terms are found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
This page last updated: January 2012
For further information about the Terms Contact Us