iPOWOW Terms of Use
These terms and conditions apply to the use of all aspects of the iPOWOW service, including but not limited to the website and content available through www.iPOWOW.com and applications, software, goods and services offered through the Service and any iPOWOW accessed on another website (the Service), including the provision of content, participation in interactive parts of the Service and the purchase of services on the Service.
In using or accessing the Service, you agree to be bound by these terms and conditions and our Privacy Policy and Disclosure Statement (which may be viewed at www.iPOWOW.com/privacy). If you do not accept these terms and conditions, you must refrain from using the Service. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Service.
Terminology
In these terms and conditions, the expressions we, us and our are a reference to Political Media (Australia) Pty Limited. A reference to the Service is a reference to any part of the Service. A reference to content is a reference to any content, information, material, link or other data in any form. A reference to you providing, supplying, uploading or submitting content to us includes where you provide, supply, upload or submit a link to content.
Amendments to Terms of Use
We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Service. Your continued use of the Service following such notification will represent an agreement by you to be bound by the Terms of Use as amended.
Membership and Registration
In order to be able to provide us with content pursuant to these Terms of Use, you must become a registered member. To become a registered member, you must complete your registration details in the manner described on the Service. Registration and membership is non‑transferable.
We reserve the right to terminate your registration or membership at any time if you breach these Terms of Use.
There are three levels of membership, and your level of membership and subscription plan (if any) will determine how you may use the Service:
1. Guest: A guest is not a registered member must not provide us with any content, and may only view the Service. We will not charge guests to use the Service.
2. User: A user is a registered member and may provide us with content. Users will not be charged to upload content. However users may choose to publish the content and receive access to reports, on an ad hoc basis. Accordingly, we will charge users under the 'Pay as you go' subscription plan described on the website.
3. Subscriber: A subscriber is a registered member and may provide us with content. Subscribers will not be charged to upload content. Subscribers may choose to publish the content and receive access to reports in accordance with a subscription plan of their choice as described on the web site. We will charge subscribers according to the subscription plan they adopt. The subscription plan a subscriber adopts will determine the level of content they are permitted to publish and their access to reports.
Membership and use of the Service is only open to you if you are 15 years old or over. If you are under 15 years of age you must not register as a member or use the Service. If you are under 18 years of age, you must make sure you have your parent or guardian's consent to register as a member or to use the Service.
Payments
You may offer to purchase the Service described on this web site for the price specified on this web site. You may not cancel an order once it has been submitted, even if your order is still pending. Within five business days of receipt of your order, we will at our discretion accept or reject your offer to purchase. Payments must be effected in the manner described on the web site. Prices are inclusive of goods and services tax In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
You acknowledge that despite our reasonable precautions, the Service may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed or your credit card charged. We reserve this right up until the time of supply of the Service to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount in question.
Obligations
You agree to abide by the following terms and conditions:
· you acknowledge that any content submitted by you to the Service is not confidential to you and may be accessed, used and distributed by us (subject to our Privacy Policy and Disclosure Statement), whether or not you choose to publish such content to any iPOWOWs;
· you are responsible for protecting the confidentiality of your password;
· you will not post or transmit any content which is sexually explicit, offensive, defamatory, obscene, violent, racially vilifying, vulgar, harmful, threatening, abusive, harassing, ethnically objectionable, misleading, or that promotes or amounts to any illegal or unlawful activity (including hate crimes);
· you will not post or transmit any prohibited content under the Broadcasting Services Act 1992 (Cth) or any content that may cause us to breach any applicable law, content requirement, standard, code or other instrument, or may result in us incurring liability to any person;
· you agree not to disrupt the flow of dialogue between other members or otherwise act in a manner which negatively affects other members;
· you agree to promptly tell us if you believe that any person has or is likely to use or access the Service in contravention of these terms of use;
· you agree not to impersonate any other person;
· you agree to provide current, accurate and up‑to‑date information about yourself as required under these Terms of Use;
· you agree not to post or transmit any unsolicited advertising or promotional materials;
· you will not post or transmit any content which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
· you accept that any content or other information provided by you may be viewed by any other users of the Service, subject to our Privacy Policy and Disclosure Statement;
· you accept that all information provided by us that is not provided to us by members is provided in good faith. You accept that this information is general information and is not in the nature of advice. We reserve the right to amend this information at any time;
· you accept that we do not make any representations or warranty that the information we provide is reliable, accurate or complete or that your access to the website or use of the Service will be uninterrupted, timely or secure. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any content which appears in the discussion forum;
· you accept that we do not accept any liability for any content posted by members;
· you agree that we do not accept any responsibility or liability for any content which you submit to the website, nor do we accept any responsibility for any use or misuse which you or any other users make of content which you submit to the website;
· you agree that we do not warrant that we will respond to questions or comments submitted by you;
· unless we agree otherwise, you must not store or download any material from the Service, except to the extent strictly required for the real-time viewing of material at the time that material is streamed from the Service (and not for later viewing, storage, use or distribution) using the viewing software referred to on the website for the Service. if you download any material from the Service, you accept that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
In providing content through the Service,
· you will be responsible for all aspects of the production of the content and will be responsible for determining the content you provide;
· you will ensure that your content is up to date, accurate and not misleading;
· you acknowledge that any content which you post may be removed by us without notice at any time:
· if we reasonably decide that you or your content has breached these Terms of Use or any applicable law, standard or code; or
· where we have been ordered to remove the material by any government agency or other authority; or
· following an allegation or allegations of copyright infringement; or
· if we reasonably decide that it would be appropriate to do so.
· you warrant that your content is not fraudulent, unlawful or defamatory and does not infringe rights (including intellectual property, confidentiality, or privacy rights) of any person;
· you must procure, on behalf of yourself and on behalf of us and every other user, all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that we can distribute your content.
Disclaimer
This disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not warrant that any content or other information you submit to us will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your content on the Service. If we elect in our sole discretion to post your content on the Service, we do not warrant that the content you submit will be posted within a certain timeframe.
We do not accept responsibility for any loss, expense or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service or any linked web site. We do not accept any responsibility for any such loss, expense or damage arising out of your use of or reliance on content contained on or accessed through the Service.
We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content to other users of the Service.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services,
(i) the supplying of the services again, or
(ii) the payment of the cost of having the services supplied again;
and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms of Use, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed through the Service or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms of Use.
Specific Warnings
You must ensure that your access to the Service is not illegal or prohibited by laws which apply to you.
You must ensure that your content is supplied on the in the format specified at on the website for the Service. Minimum requirements, such as Internet browser versions, required to use the Service can be viewed on the website for the Service.
You must take your own precautions to ensure that the process which you employ for accessing the Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system including any mobile devices. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service or any linked web site.
We do not accept liability for any loss, expense or damage arising directly or indirectly from a failure to provide the Service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Service, or any transmissions by other users in contravention of the users' obligations as set out in these Terms of Use.
You acknowledge that we cannot confirm the identity of other users or prevent them acting under false pretences.
Whilst we have no reason to believe that any information contained on the Service is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Service updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of content or other information contained on the Service.
You acknowledge that we provide facilities for, or facilitate the communications of, material supplied to us by users, and that we are not responsible for determining the content of that material.
Responsibility for the content of advertisements appearing on the Service (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that services acquired from us through the Service will meet your requirements.
Details contained on the Service relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Service concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction in which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Service.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Service. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Indemnity
You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these Terms of Use.
Intellectual Property
Copyright in the Service (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, 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 may not in any form or by any means:
· adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from the Service;
· reverse assemble or reverse compile, or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, the Service; or
· commercialise any information, products or services obtained from the Service,
without our written permission.
You acknowledge that the Service may include computer programs provided by third parties, and may be licensed to you by those third parties on terms and conditions referred to in that software or provided to you with that software. You agree that you will read and comply with those terms and conditions.
You acknowledge that we own intellectual property rights in the database of which your content forms part.
We acknowledge that intellectual property rights in your content do not alter by virtue of these Terms of Use. However, by providing us with content you:
· grant us a royalty-free, perpetual, unconditional, irrevocable, worldwide, non-exclusive transferable licence (including the right to sublicense) to use, reproduce, publish, perform, adapt, translate and modify that content in or by any medium, format or communication mechanism; and
· to the extent permitted by applicable law, unconditionally and irrevocably waive any moral rights you may have (including rights of integrity and attribution of authorship and the right not to have authorship falsely attributed), and consent to us or our sublicensees doing any thing that would otherwise infringe those moral rights.
You must ensure that you hold all the intellectual property rights required for you to provide us with the content and enable us to use the content. These intellectual property rights include, but are not limited to, the right to license and sublicense the content and the right give consents and waivers pursuant to these terms.
Restricted Use
Unless we agree otherwise in writing, you are provided with access to the Service only for your personal use. You are authorised to print a copy of any information contained on the Service for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on‑sell information obtained from the Service.
Linked Web Sites
The Service 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.
Privacy Policy and Disclosure Statement
We undertake to comply with the terms of our Privacy Policy and Disclosure Statement which may be viewed at www.iPOWOW.com/privacy.htm.
How we handle emails
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble‑shooting or maintenance purposes or if any form of email abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to the Service may be terminated at any time by us without notice. Our disclaimer, set out in the section "Disclaimer", and your obligation to indemnify us, set out in the section "Indemnity" above, will nevertheless survive any such termination.
Governing Law
These Terms of Use are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these Terms of Use on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any part of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Except as may be specifically provided, the rights set out in these Terms of Use are cumulative and are not exclusive of any other rights provided under these terms and conditions or by law.
To Return to the Service
To return to the Service, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.
