© 2020 All rights reserved
Site designed and operated by Addmedia Pty. Ltd. ABN 16003500123
Welcome to Addmedia. Please read these Contributor’s Terms before submitting content in any form or medium for publication on Addmedia and/or its affiliated publications. By submitting content for publication on Addmedia and/or its affiliated publications, you agree to abide, and that you are bound, by these Contributor’s Terms. We reserve the right to change these Contributor’s Terms at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Contributor’s Terms. The most current version of these Contributor’s Terms can be viewed at any time at: www.Addmedia.com.au.
1 We May Discontinue or Suspend Our Site or Terminate Your Use:> We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. Subject to the Statutory Guarantees, you agree that Addmedia shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that Addmedia, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
2 We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:
Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Contributor’s Terms; and
you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Contributor’s Terms. In furtherance of the foregoing and without limitation, you agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
publish falsehoods or misrepresentations that could damage us or any third party;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Addmedia we may authorize such content to be distributed or syndicated to or published on other Addmedia-branded environments.
3 You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please click here.
4 Your Use of Our Content is Restricted:
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources as permitted by copyright law in order to support the various commentaries and writings contained herein, we respect the right of others to deal with the materials contained on our site in accordance with the exceptions for “fair dealing” under the Copyright Act 1968 (Cth); accordingly, you may from time to time excerpt and use materials set forth on this site consistent with these Contributor’s Terms and the Copyright Act 1968 (Cth).
(b) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
5 We are an Internet Service Provider, eg, We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content
Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Addmedia. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Addmedia is not undertaking any obligation or liability relating to the content. Addmedia and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Addmedia and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Addmedia reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6 6. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Contributor’s Terms or Any Breach by You of Your Representations and Warranties:
You agree to indemnify and hold harmless Addmedia and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Contributor’s Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7 Your Use of Our Site is Subject to Certain Disclaimers:
SUBJECT TO THE STATUTORY GUARANTEES, OUR SITE IS AVAILABLE “AS IS” AND WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. EXCEPT FOR THE STATUTORY GUARANTEES, WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. EXCEPT FOR THE STATUTORY GUARANTEES, WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. SUBJECT TO THE STATUTORY GUARANTEES, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. SUBJECT TO THE STATUTORY GUARANTEES, IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8 We are Not Responsible for Linked Sites:
We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
9 We May be Legally Compelled to Disclose Certain Information:
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10 Our Liability to You is Limited:
Subject to the Statutory Guarantees, Addmedia and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Contributor’s Terms). Subject to the Statutory Guarantees, any claim against us shall be limited to the amount you paid, if any, for use of our site.
11 Any Dispute Between Us Will be Governed by Victorian Law:
These Contributor’s Terms shall be governed by the laws of Australia and the State of Victoria, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Contributor’s Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
12 Australian Consumer Law:
We acknowledge that there may be certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law relating to the supply of goods and services under these Contributor’s Terms which that law expressly provides may not be excluded, restricted or modified (“Statutory Guarantees”). Nothing in these Contributor’s Terms of Service excludes, restricts or otherwise modifies the Statutory Guarantees.
13 Further information about Addmedia’s terms and policies:
Addmedia’s general terms can be found here: www.Addmedia.com.au/terms-use.
Effective Date: December 3, 2015
B Reporting Claims of Copyright Infringement (DMCA Copyright Policy)
Addmedia has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act
(http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:
1 A statement that you have identified material on Addmedia that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
2 A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
3 The country or countries to which your copyright applies;
4 A description of the way in which the copyright material has been infringed;
5 A description of where the material that you claim is infringing is located on Addmedia (including a URL and screen shot);
6 Your address, telephone number, and email address so that we may get in contact with you;
7 A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
8 A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
9 An electronic or physical signature (which may be a scanned copy) of the copyright owner.
A complaint can be submitted by:
• Sending a letter to our Designated Agent. Attn: Copyright Infringement Notification, PO Box 361, Victoria, AUSTRALIA 3054;
• Contacting us by email: Please be sure to include responses to items 1-9 above in your email.
If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. This “notice and takedown” process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or report material to us in bad faith