Terms & Conditions
Welcome to our Site. These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.
Use of this site
1. The Herald and Weekly Times Pty Limited (News) is the owner and operator of this Site.
2. Users of this Site (Users) agree to be bound by these Terms & Conditions. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at the time of use.
3. News may amend these terms and conditions at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms and conditions.
4. All intellectual property in relation to content on this Site belongs to News or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
6. The logos of the Site and of the newspaper mastheads on any News sites are trademarks of News or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability & Indemnity
7. News does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) which cannot be excluded, restricted or modified. However, News excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to News’ liabilities and obligations under the ACL:
a) News does not warrant the accuracy of the content which you access through this Site. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at News' sole discretion and without notice.
b) News will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
c) News does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that News or the server that makes it available, are free of viruses or bugs.
d) You indemnify News and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of this Site.
Third Party Content & Links
8. This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
9. This Site may include links to third party sites which are not related to News and in relation to which News has no control or interest. The appearance of those links on this site does not indicate any relationship between News and that third party or any endorsement by News of that third party, its site or the products or services which it is advertising on this Site.
10. When you submit content to News in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
11. News reserves the right not to use the content you submit.
12. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
13. You indemnify News against any and all legal fees, damages and other expenses that may be incurred by News as a result of a breach of the above warranty.
14. You waive any moral rights in your contribution for the purposes of its submission to and use by News in accordance with these terms.
15. Users will not use this site for any purpose or in any way which is unlawful.
16. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Victoria.
17. Responsibility for all election comment is taken by the editor, 40 City Road, Southbank VIC 3006.
Last updated: 1 May 2013
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