In this agreement:
"Website" means all areas and any subscription or other paid products and services offered or available on the interactive online service operated by the Company on the World Wide Web at "www.popsci.com.au". The Website consists of information services and content provided by the Company, affiliates of the Company and third parties.
"Community Areas" means the bulletin boards, chat rooms and other user participatory areas on the Website.
The Company shall have the right at any time to change or discontinue any aspect or feature of the Website 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.
Use of the Website and the Community Areas.
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 the Company'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 the Company's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by the Company.
The Website and the Community Areas contain copyrighted material, trade marks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted under copyright laws. The Company is either the owner of the copyrighted content in the Website or licensed by Bonnier Corporation to use such content. Either the Company or Bonnier Corporation 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 Website 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 Website without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trade mark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trade mark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trade mark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to the Company, and their respective affiliates 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 the Company (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
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 authorisation; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.
You shall provide the Company with accurate, complete and updated information provided by you at the time of registration.
You shall not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Websites' services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
The Website contains links to other web sites, resources and advertisers.
The Company 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 the Company 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.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of the
Website and Community Areas and all charges related thereto.
The foregoing provisions of this Section 3 are for the benefit of the
Company, 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.
The Company has carefully designed the Website 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 utilise
the content of the Website in any way that interferes with that purpose.
In particular, the Company prohibits any party from displaying the content
on the Website in any format where third party advertising or other
materials that the Company did not authorise is viewed or viewable together
with the Company's proprietary content.
The Company 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 the Company from
time to time. The Company 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, the Company shall have
the right, but not the obligation, to remove any material that the Company,
in its sole discretion, finds to be in violation of the provisions hereof,
otherwise objectionable or stale. Notwithstanding this right of the Company,
users shall remain solely responsible for the content of their messages.
You acknowledge and agree that neither the Company nor any of its affiliates
shall assume or have any liability for any action or inaction by the Company
with respect to any conduct within the Community Areas or any communication
or posting on the Community Areas.
Disclaimer of Warranty; Limitation of Liability
You expressly agree that use of the community areas and the Website
is at your sole risk. Neither the Company, its affiliates nor any of their
respective employees, agents, third party content providers or licensors
warrant that the Website will be uninterrupted or error free; nor
do they make any warranty as to the results that may be obtained from use
of the Website or as to the accuracy, reliability or content of any
information, service or products provided through the Websites or the Community
The Website and the Community Areas are provided on an "as
is", "as available" basis 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.
The disclaimers of liability contained in this section 5 apply to any
damages or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or unauthorised
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 the Company 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.
In no event will the Company or any person or entity involved in creating,
producing or distributing the Website be liable for any direct, indirect,
incidental, special or consequential damages arising out of the use of
or inability to use the Website 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 Website and/or the Community Areas. The Company's
liability to users, if any, shall in no event exceed the total amount paid
to the Company.
The Company neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement on the Website, nor for any offensive,
defamatory or obscene posting made on the Community Areas by anyone other
than authorised Company employee spokespersons while acting in their
official capacities. Under no circumstances will the Company be liable
for any loss or damage caused by your reliance on information obtained
through either the content on the Website 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 Website 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.
The Company does not endorse, warrant or guarantee any products or services
offered through the Website 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 your best judgment and
exercise caution where appropriate. The Company makes products or services
available on the Website 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.
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 the Company 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 the Company nor its third party content providers guarantee or
warrant the timeliness, sequence, accuracy, or completeness of any such
information. Nothing contained in the Website shall be construed
as investment advice. The Company is not a registered broker-dealer or
investment advisor and does not give investment advice or recommend one
product over another.
You agree to defend, indemnify and hold harmless the Company, its affiliates
and their respective directors, officers, employees and agents from and
against all claims and expenses, including legal fees, arising out
of the use by you of the Website and/or the Community Areas.
The Company shall have the right to immediately terminate this Agreement
with respect to any user which the Company, 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 10 shall survive termination
of this Agreement.
All trade marks appearing on the Website are the property of their respective
owners, including, in some instances, the Company.
Products and Other Services.
With respect to products and services offered for sale by the Company and third parties or through the Website 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, GST, return and refund policies and applicable privacy policies on the screen where you make the purchase.
This Agreement and any operating rules for the Website and the Community
Areas established by the Company constitute the entire agreement of the
parties in relation to the Website, 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, Australia.
No waiver by either party of any breach or default shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section
headings are used for convenience only and shall not be given any