The TV1 website located at www.tv1.com.au (“the Website”) is owned and operated by the General Entertainment Partnership (ABN 19 094 282 021) (referred to as “TV1”). Please read these Terms and Conditions, as these Terms and Conditions, together with any additional terms and conditions, policies (including the TV1 Privacy Policy), notices and disclaimers contained elsewhere on the Website, form the agreement between you and TV1 regarding your use of and access to the Website. Your continued use of the Website, constitutes your acceptance of these Terms and Conditions and any modifications. If you do not agree to these Terms and Conditions, then you are not authorised to use the Website or any other TV1 owned or operated website.

Any competitions, promotions or prize draws promoted by TV1 will be subject to additional terms and conditions, which will be made available to on the Website.

Intellectual Property

Unless otherwise indicated, the Website and its contents (including but not limited to, all text, photographs, images, movies, video and audio) (“the Contents”) are the exclusive property of TV1, its related corporations, affiliates and licensees or the distributors as licensed by TV1 (“Partners”), and are protected by copyright, trademark and other laws.

The Website and its Content may not be copied, reproduced, republished, modified, framed, uploaded, posted, transmitted (including without limitation broadcast), communicated or otherwise made available to the public, distributed, linked to or otherwise used, except with the written consent of TV1 or as expressly provided by these Terms and Conditions.

All Content on the Website is provided by TV1 as a service to its users and may be used for personal use and information purposes only.

Where it is expressly indicated on the Website that Content is available for streaming or for downloading, you are authorised to stream or download (as applicable) the Content on one computer for your own personal non-commercial use only and on the basis that you do not remove any copyright or trade mark notices contained on the Content.

Where it is expressly indicated on the Website that Content is available for use as a ringtone or wallpaper or some other specific purpose, you are authorised to use it as indicated for your personal non-commercial use only and on the basis that you do not remove any copyright and trade mark notices contained on the Content.

Disclaimer

All Content on the Website is provided in good faith and on an “as is” basis. However, TV1 does not warrant that any of the Content made available on the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or its Contents are free of computer viruses. While TV1 has no reason to believe that any information contained on the Website is inaccurate, TV1 does not warrant the accuracy, adequacy or completeness of such information, nor does TV1 undertake to keep the Website updated. Your use of the Website is at your sole risk.

To the extent permitted by law, TV1 and its Partners will not be liable in any way for loss or damage suffered by you through your use of the Website or its Content, including as a result of any defamatory, offensive or illegal conduct of any user of the Website, your reliance on the accuracy or currency of information contained on the Website, nor will TV1 be liable for any interruption, delay in operation, communications failure, malfunction in your equipment or software as a result of any defects, viruses or errors contained on the Website or its contents, whether such loss or damage is the result of TV1’s negligence or otherwise.

Linked Sites and Third Party Material

TV1 and its Partners are not responsible for the availability of external websites or resources linked to the Website, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. TV1 asks that you please read the applicable terms and conditions of these third party websites or resources.

The inclusion of any advertising or other information or material on any page of the Website which promotes products or services to be supplied by a party other than TV1 does not imply that TV1 endorses or recommends any such party, product or services.

Your Conduct

TV1 shall not be responsible or liable, directly or indirectly, for any damages 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 TV1 or the Website.

You agree to use the Website in a responsible manner and you agree that you will not:

  • communicate material which is unlawful, threatening, libelous, defamatory, racially or sexually vilifying, obscene, pornographic or material that would violate any law;
  • use the Website to abuse, harass or offend others;
  • use automated scripting software;
  • upload, post, e-mail, communicate or transmit any material which violates or infringes upon the rights of any other person, including privacy, performance, moral rights, trade mark or copyright, unless you have first obtained the express permission of the relevant right holder;
  • upload, post, e-mail, communicate, transmit or make available (whether by the Website or otherwise), any material that contains viruses, “Trojan horses”, or other computer codes, files or programs designed to interrupt or damage the Website, or any computer software or hardware;
  • upoad, post or transmit any material on behalf of a suspended user;
  • delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any Content on the Website; or
  • communicate material, without the express consent of TV1, that is promotional or advertising in its nature.

To the extent permitted by law, TV1 and its Partners will not be held liable for any loss or damages whatsoever resulting from any action in connection with any statements or views by users posted or published on the Website. Such views and statements are not those of TV1 or its Partners, nor are they endorsed by TV1 or its Partners.

You will at all times indemnify and keep indemnified TV1 and its respective officers, employees and agents (referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you; and publication of or distribution of the material and/or materials provided by you.

TV1’s Right to Use Submitted Material

You warrant that you are the owner of, or are authorised to use, all intellectual property rights (including copyright) in any material that you submit to the Website or TV1. This includes any material you submit to TV1 or the Website by any and all means of technology, including without limitation cable (digital and analogue), the Internet, mobile phones and SMS or MMS.

You agree to grant to TV1 a royalty-free, non-exclusive, world-wide licence in perpetuity to use at its sole discretion and in any manner, any material that you provide to the Website or TV1. This includes without limitation, the grant of right to allow TV1 to reproduce or alter such material, without attribution of authorship as the case may be and to allow TV1 to sub-licence to others the same rights granted to TV1 by you.

You agree that you will not institute, any proceeding against TV1, for any infringement of any of your moral rights arising from the submission of any material to the Website or TV1.

You agree that you will sign all documents and do all acts and things reasonably required by TV1 (at TV1’s cost), for the purpose of giving effect to TV1’s rights in relation to your moral rights consent.

Monitoring of the Website

TV1 is under no obligation to review or monitor the Website. However, TV1 reserves the right to disclose, monitor, retain, alter or delete any Content or information from the Website, without any prior notice.

Termination or Suspension of Your Access to the Website

TV1 may in its sole discretion, terminate or suspend your access to all or part of the Website at any time, with or without notice, if you breach these Terms and Conditions. If appropriate, TV1 may refer you to the appropriate law enforcement agencies or TV1 may notify your internet service provider, if TV1 considers that your use of the Website is unlawful in any way.

Children

All persons under the age of 18 years must obtain the consent of their parent or legal guardian before using any part of the Website. The Website may from time to time contain content that is not appropriate for children and it will be the responsibility of parents or legal guardians to supervise the use of the Website by any child under their care and supervision.

Privacy Policy

Any personal information collected from you on the Website will be used in accordance with the TV1 Privacy Policy located at [insert link to Privacy Policy].

Applicable Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, then such provision will be severed and will not affect the remaining provisions of these Terms and Conditions.

Variations to the Terms and Conditions

TV1 may change the Terms and Conditions from time to time. Notification of such changes will be posted on the Website or notified to you at TV1’s sole discretion. If you do not agree to the variations, you should terminate your use of the Website as your continued use of the Website will constitute a binding acceptance by you to the amendments. These Terms and Conditions were updated on 23 July 2007.

Contact Us

If you require any further information, please contact TV1:

By Post:
TV1
Locked Bag 1
Paddington, NSW 2021
AUSTRALIA

By Fax:
Fax: +61 2 8374 6905
By Email:
arthur.fonzarelli@tv1.com.au