Terms and Conditions
These Terms and Conditions apply to the use of this Website. In using this Website, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website. These Terms and Conditions must be read in conjunction with any other applicable Terms and Conditions governing the use of this Website.
THE PARTIES AGREE as follows:
1. TERMINOLOGY
In these Terms and Conditions:
(a) the terms "we", "us" and "our" are a reference to Prime Digitalworks Pty Limited ACN 063 959 357, trading as ("iPrime");
(b) the terms "you" and "your" are a reference to the applicable User or Member.
"Content Provider" means any party providing Video Content or advertising on the Website under an agreement with us.
"Intellectual Property" means any intellectual, industrial or commercial property, or right of a proprietary nature, including:
(a) any patent, trade mark, service mark or design;
(b) any copyright including moral rights or work of authorship;
(c) any business, trade or commercial name or designation, brand name, internet website or domain name, logo, symbol, source indication or origin appellation; and
(d) any confidential information,
whether registered or unregistered.
"Intellectual Property Rights" means any Intellectual Property rights whatsoever.
"Linked Website" means any website accessible from a hyperlink provided on the Website, either directly or indirectly.
"Member" means any person that has registered to be a member of the Website.
"Publish" means to upload any material or information on the Website.
"Terms and Conditions" means these terms and conditions and any additional terms, conditions or agreements between you and us.
"User" means any party who accesses the Website, including a Content Provider.
"Website" means the website consisting of an HTML and flash/flex interface and underlying search engine and database that is pointed to by the URL www.iprime.com.au.
2. AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended.
3. MEMBERSHIP
In order to be able to post material or information on the Website, you must become a Member. To become a Member, you must complete your registration details in the manner described on the Website. Membership is free but non-transferable.
We reserve the right to terminate your membership at any time if you breach these Terms and Conditions.
Applicants must not falsely use, as their login name, the name of another person.
We may refuse registration of applicants whose suggested login names are considered inappropriate. Grounds for refusal may include:
(a) offensive or obscene content;
(b) defamatory content;
(c) contempt;
(d) incitement; or
(e) a name that does not appear to be the real name of an individual (for example, company or brand names or names of famous people).
4. Members' Obligations
4.1 By registering as a Member, you agree to abide by the following terms and conditions:
(a) you may be held legally responsible for the content you submit to the Website;
(b) all material or information published on the Website is at our sole discretion;
(c) any information or material uploaded to the Website, by you, will be treated by us as non-confidential and non-proprietary;
(d) PDW does not claim any ownership rights in any information or material uploaded to the Website by you, however, by uploading information or material to the Website, you hereby grant to PDW a non-exclusive, royalty-free, license to use the content without restriction, and you consent to PDW being allowed to, and authorise PDW to, sub-licence, adapt, modify, communicate to the public, publish, reproduce in whole or in part and in any form, cause to be seen, heard, displayed or performed in public and distribute the content, worldwide, without attributing the author, principal director, producer or screenwriter or creator of that content either correctly or at all, and to authorise another person to do any of the aforementioned acts in relation to the content;
For example, in particular we reserve the right to, and you consent to and authorise PDW to, make reference to any material or information uploaded by you and to its use by us in relation to any promotional activities that we may undertake, without crediting you as the author, principal director, producer or screenwriter or creator of that content.
By uploading information and material to the Website you warrant to PDW that you are authorised to grant the licence granted in this sub-clause 4.1(d) on behalf of yourself and all other authors, principal directors, producers, screenwriters or creators of the information and material, in respect of that information and material;
(e) you are responsible for protecting the confidentiality of your password;
(f) you will not post or transmit any material or information which;
(i) is unlawful, offensive, defamatory, fraudulent, harmful, threatening, abusive, harassing, indecent, obscene, upsetting, vulgar or ethnically objectionable;
(ii) contravenes the requirements of the Broadcasting Services Act 1992 (Cth), including the requirements of the Internet Industry Association's "Codes for Industry Co-Regulation in areas of Internet and Mobile Content";
(iii) exploits people in a sexual or violent manner;
(iv) contains nudity, violence, or offensive subject matter or contains a link to any website that does;
(v) solicits personal information from anyone under 18, or is in any way unsuitable for people under the age of 18;
(vi) provides any telephone numbers, street addresses, URLs, email addresses or other information that would allow Users to identify or contact another individual;
(vii) includes a photograph or image of another person posted without that person's consent other than politicians or public figures;
(viii) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spamming" or the like;
(ix) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(x) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xii) relates to a third party, and constitutes Sensitive Information as defined in the Privacy Act 1988 (Cth), including information or an opinion about an individual's:
(1) racial or ethnic origin;
(2) political opinions;
(3) membership of a political association;
(4) religious beliefs or affiliations;
(5) philosophical beliefs;
(6) membership of a professional or trade association;
(7) membership of a trade union;
(8) sexual preferences or practices; or
(9) criminal record;
whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, or;
(10) health information about an individual; or
(11) genetic information about an individual that is not otherwise health information,
unless, the individual has consented to the collection of their sensitive information.
For example an individual may impliedly consent to the collection of sensitive information from a newspaper where the person who the information is about is a public figure and the information relates to the public life of that figure; or where the person has consented to their information being published and is likely to understand the kinds of uses that are generally made of that information;
(g) you agree not to act in a manner which negatively affects other Members;
(h) you agree not to impersonate any other person;
(i) you agree to provide current, accurate and up-to-date information about yourself as required under these Terms and Conditions;
(j) you agree not to post or transmit any unsolicited advertisement, advertising or promotional materials;
(k) you will not post or transmit any material or information in which copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
(l) you will not post or upload any material or information which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
(m) you accept that any material or information uploaded to the Website, by you, will be available for other Users to read, view, adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from, and you consent to and authorise Users to do so without the need to identify or correctly identify the author, principal director, producer, screenwriter and/or creator of such material or information.
(n) you accept that by uploading any material or information to the Website, you are exposing that material to all forms of fair dealing, including parody, and criticism and review as allowed under the Copyright Act 1968 (Cth), and you consent to and authorise the derogatory treatment of that material or information uploaded by any other User or PDW, even if that treatment prejudicially affects the honour or reputation of any or all of the authors, principal directors, producers, screenwriters or creators of that material or information.
You warrant that you are authorised to grant the consent and authorisation granted under these clauses 4.1(m) and (n), on behalf of yourself and all other authors, principal directors, producers, screenwriters or creators of the content, in respect of that information and material uploaded to the Website;
(o) you shall provide to us such assistance and accessories as reasonably requested by us;
(p) you agree not to post material or information on behalf of a suspended Member. This may lead to you also having your membership locked;
(q) we do not accept any responsibility or liability whatsoever for any material uploaded by you or by other Members to the Website, nor do we accept any responsibility for any use, misuse, loss or alteration which you or any other Members or Users make of information or material on the Website;
(r) we do not warrant that we will post any material or information, submitted by you on the Website;
(s) we do not warrant that the material or information you submit will be posted within a certain time frame;
(t) if you download any material from the Website or a Discussion Forum, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material;
(u) you may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material without crediting the source as "iprime.com.au". You may not commercialise any information, products or services from the downloaded material;
(v) you agree not to use, launch or install, or use or launch any program whatsoever which masks the identity of the user or which may inturn use, launch or install any malicious software, badware, malware, deceptive adware or the like which may amongst other things delete data on the computers of Users, steal personal information such as passwords, credit card numbers, alter search results, track the moves of Users and/or feed such information back to third parties;
(w) you agree not to use or launch any automated system, including without limitation, "robots", "spiders" and "offline readers" that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web-browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communications systems provided by the Website for any solicitation purposes. You agree not to solicit, for commercial purposes any Users with respect to their submissions; and
(x) we reserve the right to archive and republish all contributions to the Website.
5. MEMBER’S WARRANTIES
5.1 By registering as a Member, you hereby warrant that you will not:
(a) infringe the Intellectual Property Rights of any person;
(b) to your knowledge, contravene any trade practices or fair trading legislation;
(c) contravene any other statute, regulation or law including the Broadcasting Services Act 1992 (Cth), any law of defamation, obscenity or contempt of any court, tribunal or royal commission, State or Commonwealth anti-discrimination legislation or the Privacy Act (Cth);
(d) expose us to liability; or
(e) post or transmit any material or information referred to in paragraph 4.1(g) above.
6. ACKNOWLEDGEMENTS
(a) We reserve the right to, at our absolute discretion, refuse to post, reject, remove or amend (including by varying its placement or format) any material or information submitted or posted by you, at any time, for any or no reason, with or without prior notice and without liability, even if the same or similar information or material has previously been published. In particular, we are likely to do so if we consider it to:
(i) be of nuisance value, inappropriate, off topic or vexatious. For example, we reserve the right to reject contributions that have been widely canvassed in a Discussion Forum. We also reserve the right to reject contributions from Members who seek to dominate a discussion;
(ii) compromise the privacy of any person or contain inappropriate personal information; or
(iii) seek to endorse commercial products or activities or to solicit business without our prior written consent.
(b) You are solely responsible for the content that you submit or post on or through the Website, and for your interactions with other Users and Members. Accordingly, you must ensure that your access to this Website is not illegal or prohibited by laws that apply to you.
(c) We may, at our absolute discretion restrict, suspend or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice and without liability.
(d) If we refuse or withdraw material or information from publication at any time, we reserve the right to re-post the relevant material or information at our discretion and subject to availability, technical limitations and these Terms and Conditions.
(e) We make no representation or warranty regarding video content submitted to the Website.
(f) Except for any warranty or representation made expressly in writing by us, you hereby acknowledge that you have not relied on any advice given, or representation made by us, or on our behalf in connection with the material or information posted by you.
(g) We shall not be liable for any failure of telecommunications services or systems that affect our receipt of the material or information or the publication of the material or information.
(h) You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system that arises in connection with your use of the Website or any Linked Website.
(i) We do not accept liability for any loss or damage arising directly or indirectly as a result of a failure to provide a Discussion Forum facility or the Website, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other Members in contravention of the Members’ obligations as set out in these Terms and Conditions or any content transmitted by a non-Member.
(j) You acknowledge that we cannot confirm the identity of other Members or prevent them from acting under false pretences.
(k) Where the information made available over the Website contains opinions or judgements of third parties, we do not endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.
(l) Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated. We do not accept liability for loss or damage resulting from any action taken or reliance made by you on any material or information obtained through the Website and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material that appears on the Website.
(m) Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ and affiliates’ own websites) rests solely with the advertisers and affiliates. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ and affiliates’ products and each advertiser affiliates is solely responsible for any representations made in connection with its advertisement.
(n) No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
7. INDEMNITY
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, us, our officers, directors, employees, contractors, agents or related bodies corporate for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:
(a) your use of and access to the Website;
(b) any breach of your obligations under these Terms and Conditions;
(c) your violation of any third party right, including but not limited to any Intellectual Property Rights or privacy right; and
(d) any claim or action brought or threatened by another person based on any facts which if substantiated, would constitute a breach by you, or a breach by any person using your password, whether or not you have authorised that person to use your password, of your obligations under these Terms and Conditions or any of the warranties given by you under these Terms and Conditions.
8. DISCLAIMER
You agree that your use of the Website shall be at your sole risk.
To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.
We make no warranties or representations about the accuracy or completeness of the content or opinions expressed on the Website or the content of any Linked Website and assume no liability or responsibility for any of the following, or for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, resulting from any:
(a) errors, mistakes or inaccuracies of material or information on the Website;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;
(c) any unauthorised access to or use of our servers and/or any and all personal information and or financial information stored therein;
(d) any interruption or cessation of transmission to or from the Website;
(e) any bugs, viruses, spiders or the like, which may be transmitted to or through the Website by any third party;
(f) any errors or omissions in any material or information or for any loss or damage of any kind incurred as a result of your use of any material or information posted, emailed, transmitted or otherwise made available on the Website; and/or
(g) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the Website.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any Linked Website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
If at any time we choose, in our sole discretion, to monitor the Website, we nonetheless assume no responsibility for the content, material or information, and no responsibility for the conduct of the Member submitting any such content, material or information.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to either, at our sole discretion:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
9. SEVERABILITY
Any provision of these Terms and Conditions which is invalid in any jurisdiction shall be invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms and Conditions or the validity of that provision in any other jurisdiction.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason in any jurisdiction, the remaining Terms and Conditions shall nevertheless continue in full force.
10. TRADE MARKS
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is either a registered trademark or pending application for registration as a trademark.
If you use any of our trade marks in reference to our activities, products or websites, you must include a statement attributing that trade mark to us.
You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or websites which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or websites (including this Website).
11. LINKED WEBSITES
This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or websites referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
12. PRIVACY POLICY
We undertake to comply with the terms of our privacy policy that appears as a separate link to this Website
13. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed under the Law of the State of New South Wales. Any legal action in relation to these Terms and Conditions against any party or its property may be brought only in any court of competent jurisdiction in the State of New South Wales, unless otherwise agreed.
Each party by agreeing to these Terms and Conditions irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales in relation to both the Member or User and its property.
14. WAIVERS
Any failure or delay by any party to exercise any right under these Terms and Conditions shall not operate as a waiver and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party.
15. TO RETURN TO THE WEBSITE
To return to the Website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Terms and Conditions of use.
16. ONLINE SAFETY
The following hyperlink will redirect you to the Internet Industry Association’s Safety Page. The safety guidelines on this page will provide you and other Users with further information including information regarding steps that may be taken to enhance the safety and enjoyment of your Internet use.
http://www.iia.net.au/index.php
