These Legal Notices were last updated: November 11, 2004.
Terms and Conditions of Use
Welcome to the BCME website (www.bcme.com.au). This website and associated electronic communications are products of Media 21.
Acceptance of Terms
Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as the "Legal Notices"). Your use of, and/or access to, the website constitutes your agreement to the Terms of Use. For an explanation of our practices and policies related to the collection, use, and storage of users' information, please read our Privacy Policy.
Media 21 reserves the right to amend the Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time.
Copyright
All content on the website including text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof (the "Content") is Copyright © 2004 Media 21, its suppliers and/or licensors unless expressly indicated otherwise.
The Content is protected by Australian and international copyright and trademark laws. Once Content is published, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for or expressly authorised in writing by Media 21 or its affiliates.
Strictly on the condition that you keep all Content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
b) if you are an internet service and/or access provider, supply the Content to your subscriber.
You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any right of Media 21 or an affiliate or which is prohibited by the Terms of Use.
Trademarks
The trademarks listed below are trademarks of Media 21 or its affiliates. All other trademarks displayed on the website are trademarks of their respective owners. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the website without the express written permission of Media 21, the relevant affiliate or third-party owner.
• (None listed)
Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to BCME website. However, such use requires the express written authorisation of Media 21 or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
User license
When using the website you may provide us with information about yourself or other matters. By doing this you, subject to our Privacy Policy, grant Media 21 exclusive rights in all of this information and all information derived or generated from it, in all existing or future media. These rights include, but are not limited to, the right to display your information anywhere on BCME website and Media 21's other media properties, to search the information, and, consistent with our Privacy Policy, to repackage and present or supply the information to a third party.
By placing any information or other material on the website (including posting messages, up-loading files, inputting data or engaging in any other form of communication), you grant to Media 21 a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
• Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including, but not limited to, rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Media 21 and any other party authorised by Media 21 all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Media 21, you will execute and deliver to Media 21 such instruments and take such other actions as may be required to carry out this grant of license and waiver.
In respect of providing information you agree that you will not post, transmit or otherwise publish on the website or to the website servers any material that;
a) restricts or inhibits any other user from using or enjoying the Content on the website;
b) is unlawful, threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including without limitation any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
c) violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner;
d) contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it's servers and the Content thereon;
e) contains any promotional material or advertising;
f) constitutes or contains false or misleading statements.
You expressly acknowledge and agree that Media 21 does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Media 21 does not and cannot review all information posted to the website by users and is not responsible for such information. However, Media 21 reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.
Media 21 may at it's sole discretion and without prior notice remove, replace, re-format or delete any information, service or functionality from any part of the website at anytime for any reason whatsoever or for no reason.
Advertising, links to third party websites and e-commerce offers BCME website contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of Media 21, and Media 21 is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Media 21 provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by Media 21 or its affiliates. By following a link to any such website you do so entirely at your own risk.
The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors.
All third party advertising (including embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Media 21 or its affiliates or their respective directors or employees unless expressly indicated otherwise.
You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, advertisements may contain representations or offers by the third party advertiser, which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Media 21 and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on BCME website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Media 21 shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on BCME website.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Media 21 of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Media 21 does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
• All Content and functionality is provided "as is" and without warranties of any kind, either express or implied,
• Media 21 and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose,
• Media 21 does not warrant that the information or functions contained in any Content, or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits the Content to you are free of viruses or any other harmful components,
• Media 21 does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of Media 21) will Media 21 or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
Governing law and entire agreement
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the greement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
