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Legal Disclaimer Terms of Use Nineinsights.com.au (Website) is owned and operated by Nine Network Australia Pty Limited (ACN 158 889 25) ("NNA"). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. NNA reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. ................................................. General Terms • Intellectual property and restrictions on use of content on the Website • Communication facilities • User licence to NNA • Advertising, links to third party websites and e-commerce offers • Disclaimer and limitation of liability • Termination • Trademarks of NNA and its Affiliates • Miscellaneous • Specific terms relating to NNA partners and suppliers ................................................. Intellectual property and restrictions on use of Content on the Website All information, text, material, graphics, software and advertisements on the Website ("Content") are Copyright ©1997-2001 NNA, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by NNA 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 utilise the Content for your commercial efforts in enhancing the NNA brand, 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 NNA or an Affiliate or which is prohibited by the Terms of Use. ................................................. Communication facilities The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to NNA, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following: • restrict or inhibit any other user from using or enjoying any Forum; • post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; • post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; • post or transmit any material of any kind which contains a virus or other harmful component; • post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or • download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner. • NNA may from time to time monitor or review the contents of its Communication Facilities. While NNA reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in NNA’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, NNA has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is NNA responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Network are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications. • NNA reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law. ................................................. User licence to NNA By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to NNA a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material: 1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. 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 NNA and any other party authorised by NNA 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 NNA, you will execute and deliver to NNA such instruments and take such other actions as may be required to carry out this grant of licence and waiver. ................................................. Advertising, links to third party websites and e-commerce offers The NNA may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of NNA, and NNA is not responsible for the contents of any linked web or any hyperlink contained in a linked website. NNA provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by NNA or its Affiliates. You link to any such website entirely at your own risk. The Website may also contain third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by NNA or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will 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 NNA, 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. ................................................. Disclaimer and limitation of liability The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by NNA of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). NNA 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: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) NNA 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, c) NNA does not warrant that the functions contained in any Content or any Communications Facility 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 Content to you are free of viruses or any other harmful components, d) NNA 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 e) you (and not NNA) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. Under no circumstances (including but not limited to any act or omission on the part of NNA) will NNA or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that NNA does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, NNA’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of NNA to the following: • in the case of services supplied or offered by NNA, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and • in the case of goods supplied or offered by NNA, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. ................................................. Termination The Terms of Use are effective until terminated by NNA, and NNA may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all NNA disclaimers and limitations of liability set out in the Terms of Use will survive. ................................................. Trademarks of NNA and its Affiliates The trademarks listed below are trademarks of NNA or its affiliates (as indicated). 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 Site without the express written permission of NNA, the relevant NNA affiliate or third-party owner. ................................................. Miscellaneous NNA relies on your continued observance of these Terms of Use. If NNA suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify NNA for those losses, damages and costs. 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 agreement which will continue in full force and effect. All rights not expressly granted herein are reserved. ................................................. Privacy Statement Your personal information is important to us Nine Network Australia (NNA) recognises that your privacy is very important to you and that you have a right to control your personal information. We know that providing personal information is an act of trust and we take that seriously. Unless you give us explicit consent to act otherwise, the following policy will govern how NNA will handle your personal information and safeguard your privacy. NNA is committed to protecting your personal information and giving you choice in who can use your personal information and how it can be used. We believe that our privacy policy not only complies with relevant laws but represents industry best practice. Collecting personal information about you Once you have become a nineinsights.com.au member, we collect personal information about you in order to provide you with the full benefits of Membership. When you first register for Membership, we collect information from you directly and also from time to time thereafter if you provide us additional information. Once you have logged on as a member, we keep a record of how you use the website. This helps us to build a profile of what interests you, so that we can personalise your experience of the web site and publish you information which is directly relevant to your requirement. Any further collection of your personal information than that explained above will only occur with consent from you. NNA only collects information from your use of our website. We do not collect information about you from other organisations or from other websites. Preserving your privacy Surveys show that most internet users are concerned about their privacy, want to keep control of their personal information, and do not trust many of the web sites which they visit. In fact, research shows around a third of internet users give false information online rather than saying who they really are. Using and disclosing your personal information NNA will not use or disclose any information about you without your consent, or access your communications on our website, unless: • Required by law. • We believe it necessary to provide you with a service which you have requested. • To implement our terms of use. • To protect the rights or property of NNA, any nineinsights.com.au user, or any member of the public. • To lessen a serious threat to a person's health or safety.