Arena Website
Terms & Conditions
Introduction
1. This website ('Site') is operated by FOXTEL Management Pty Ltd, ACN 068 671 938 ('FOXTEL'), on behalf of XYZnetworks Pty Ltd, ACN 066 812 119 ('XYZnetworks') (together 'Us'/'We'/'Our').
2. Access to the contents of this Site is conditional upon your acceptance and compliance with these Terms and Conditions which should be read together with the Privacy Policy that appears on this Site.
3. Your use of the Site shall be deemed to mean that you have read and agree with these Terms and Conditions and the Privacy Policy.
4. We are entitled to amend these Terms and Conditions at any time without notice to you, except if you are a member of the Arena A-List and the amendment is materially detrimental to you. Please check this Site from time to time.
Under 18s
5. All persons under the age of 18 years must obtain the consent of their parent or legal guardian before using the Site.
Intellectual Property
6. This Site and all its constituent contents including its text, information, design, graphics, software and all material appearing on the Site ('Works') are the copyright of XYZnetworks unless otherwise stated and in certain cases may be protected by trade mark law. You may not use any of the Works in any way without first obtaining the written permission of XYZnetworks.
7. XYZnetworks grants you a non-exclusive revokable licence to access the Works solely for your private personal use which may not be for commercial gain. This licence constitutes the entire agreement between Us and you regarding your use of the Site and your grant of all rights in any Works submitted to the Site. No waiver of any breach of these Terms and Conditions shall be deemed a waiver of any other breach of the same or any other term.
8. You must first obtain the written permission of XYZnetworks to reproduce, broadcast, communicate, adapt or modify the whole or any part of the Works. Under no circumstances can you delete, edit or otherwise change any credits, trade marks or other legal notices included in the Works.
9. XYZnetworks grants all Internet service providers the non-exclusive right to supply the Works in this Site to their subscribers subject to compliance with these Terms & Conditions and the Privacy Policy.
XYZnetworks Ownership of Submitted Material
10. You assign all right, title and interest in all material communicated by you to this Site in whatever format (including without limitation whether the material consists of text, graphics or music) ('Material') to Us, its assigns and licensees to use for all purposes in any manner in all media throughout the world in perpetuity.
11. Your submission of Material to the Site shall be deemed a valid and binding signature of the assignment to Us in electronic form as permitted under relevant legislation.
12. You warrant to Us that:
a. the Material is original and does not contravene any law, statute or contempt of court or provide any person with a right of action in copyright infringement, passing-off, defamation, privacy, publicity or confidence; and
b. the Material does not contain any encumbrances and you have the full legal right to assign all rights in the Material to Us absolutely or have obtained all necessary consents or releases from third parties for all and any use of the Material by Us in perpetuity without need for payment by Uss to you or such third parties. You agree to provide any written evidence of this right to Us if requested; and
c. you have obtained written permission and releases for the use of any person's name, likeness and biography for any use by Us of the Material.
13. You agree to enter into any written documents if required by Us to formalise your assignment of all rights in the Material to Us.
Disclaimer
14. We provide no guarantee that the information on this Site is accurate or that this Site is free from defects, including but not limited to computer viruses and you agree that by using this Site, you accept all risk and any associated costs incurred.
15. Unless otherwise permitted by law, XYZnetworks and FOXTEL, their related bodies corporate, and all their directors, employees and/or agents will not be liable for any loss, claims, damages or expenses (including legal expenses) arising out of or in connection with any use of this Site including but not limited to indirect, incidental, special and all consequential damages or loss of profits or opportunity to any person even if such loss or damages were reasonably foreseeable. If this provision is unenforceable in whole or in part in any jurisdiction due to relevant laws in that jurisdiction then in no event will the liability Our to you for any damages, losses, claims or otherwise exceed the amount paid by you, if any, for accessing this Site.
16. Unless otherwise permitted by law, Our liability (if any) for any breach of a condition or warranty implied by any relevant state or federal law in Australia which cannot be excluded is limited to any of the following as solely determined by Us: in the case of goods, the replacement of the goods, repair of the goods, supply of equivalent goods, payment of the costs of repairing the goods, or of arranging equivalent goods; or in the case of services, supply of the services again or payment of the costs of having the services supplied again.
Indemnity
17. You agree to indemnify Us and hold Us indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of your use of the Site or any breach of these Terms and Conditions by you.
General
18. If any provision of these Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law or ordinance in Australia any such provision will to the necessary extent be severed from this Agreement, as applicable, and the remaining provisions will not be affected. Your indemnity and assignment of all rights in the any Works submitted to Us will survive termination of these Terms and Conditions. These Terms and Conditions are governed by the laws of New South Wales, Australia and any dispute shall be subject to the non-exclusive jurisdiction of the Courts of New South Wales.
19. We reserve the right to monitor all content on the Site.
Arena A-List
(This section applies to members of the Arena A-List)
20. The ARENA A-List includes the ARENA Seam Team (in connection with Project Runway Australia).
21. By registering for the ARENA A List you agree to be bound by the ARENA A List Terms & Conditions and the Terms & Conditions set out below for the ARENA Watch What Happens Forum and the Seam Team forum (referred to together as the "FORUM").
22. By becoming a Member, FOXTEL will collect certain personal information about you. For details of the information we collect and its uses, please see our privacy policy at http://arenatv.com.au/web/privacy.aspx. You are responsible for keeping the information you provide to FOXTEL accurate and up-to-date.
23. The information you provide must be your own information. You must not create a Profile on behalf of another person.
24. You acknowledge and agree that some of your personal information (including your username, age, state of residence and Profile Picture) may be published by FOXTEL on the website at any time in its absolute discretion.
25. You may upload a "Profile Picture" to accompany your Profile. You must not upload any pictures which are inappropriate, obscene or may constitute a breach of laws (including intellectual property or privacy laws).
26. Arena-A List membership entitles you to email newsletters and the ability to enter promotions on the Site and create a profile on the Forum.
27. Members' personal information will not be disclosed to third parties without the members' consent. For more information on how members' personal information is used and disclosed please see the Privacy Policy.
28. Entry to each promotion is not automatic and entrants can select which promotions they wish to enter.
29. A-List members must ensure that their details are up to date. Members can do so by logging in to the Arena A-List and clicking 'Edit Details'.
30. The entry to all promotions on this Site is subject to these terms & conditions, the Privacy Policy and the individual terms and conditions for entry for those promotions. Please read these carefully.
31. The terms & conditions of entry for any promotions on this Site will appear with that promotion and you should read those in conjunction with these general terms and the Privacy Policy.
32. Arena A-List members are responsible for maintaining the confidentiality of their password and other personal details.
33. If an Arena A-List member wants to cancel their membership they can do so at any time by clicking the 'Feedback' link on the Site, selecting 'Unsubscribe' and filling in the required details.
Unlawful Conduct
34. You must not use the Forum to threaten, harass, stalk or abuse others participating in the forum. Refrain from all expressions of bigotry, racism, hatred, or excessive profanity. Do not make inflammatory remarks in order to provoke others. Be courteous to others, even if your opinion differs from theirs.
35. FOXTEL does not allow any illegal activities. You cannot use the Forum to publish, post, distribute or disseminate defamatory, discriminatory, inflammatory, obscene, pornographic or other unlawful material or information. You must not discuss or promote illegal activities, including but not limited to the possession, procurement and consumption of drugs, criminal activity and other associated issues.
36. You must not post any material which you know or suspect (or should reasonably have known or suspected) to be false, misleading or deceptive.
37. You must not use the Forum for the purpose of advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.
38. We reserve the right to monitor all content on the Forum.
39. Administrators and/or Moderators who manage the Forum may, in their absolute discretion and without notice, decline to publish posts, delete posts, eject or ban users from forums or terminate or suspend access to the Forum where violations of these Terms & Conditions occur.
40. If you think that a post is offensive, unsuitable or has in some other way breached these Terms & Conditions, please click "Report Bad Post" on the relevant post or email us at watchwhathappens@foxtel.com.au with a link to the post and your reasons for objecting to it. The Forum Administrators and/or Moderators will consider whether there are grounds for deleting the post and take appropriate action.
Etiquette
41. You must not post any spoilers of any type on the Forum. Do not ruin the suspense for those who don't want to know! Posting of spoilers is considered a severe breach and will result in an immediate ban from the Forum.
42. Using all CAPITALS, excessive punctuation, and website URLS in message subjects is forbidden. You may use URLs in the message body.
43. Post in the appropriate forum to your topic of discussion. Do not be surprised if you post in the wrong forum and your thread is deleted.
44. Have a point. Threads with no point will be removed at the discretion of the Administrators and/or Moderators.
45. You must not discuss a topic or post which has been removed from the Forum.
46. Use the Forum appropriately. Do not use the Forum if your messages would be more appropriate in a private message, email, chat, or phone conversation. Personal matters between yourself and another user must remain between yourself and them.
Privacy and Intellectual Property
47. You must not post somebody else's private details on the Forum. These include but are not limited to the following: real name, workplace, phone number, home address, car registration or e-mail address. Doing so will result in an immediate ban from the Forum.
48. You must not upload files or post messages that contain photos, software or other material protected by intellectual property laws (including but not limited to copyright), rights of privacy or publicity or any other applicable law unless you own or control the rights to such material or have received all necessary consents.
49. You acknowledge that FOXTEL may use all intellectual property rights in the material you post on the Forum throughout the world, in perpetuity, without restriction and without making payment to you, including publication of that material in hard copy publications or in electronic media and in advertising and promotional material for FOXTEL.
50. You waive all moral rights in the material you post on the Forum, and consent to anything which FOXTEL (or any person permitted to do so by FOXTEL) may do in relation to your content which would otherwise be in breach of your moral rights. This includes that FOXTEL may use your material without attributing you as the source of the material.
51. FOXTEL does not allow posting or use of computer programs that contain destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens and other activities that can be disruptive to online communication.
Liability and Indemnity
52. Members must be Australian residents and must be 18 years or over. If you are under 18, you must have the permission of your parent or guardian to become a member.
53. FOXTEL does not necessarily agree with the views expressed in Profiles or on the Forum, and accepts no liability in respect of any material contained in members' profiles or posted on the Forum. Any reliance you place on material contained in the Profiles or posted on the Forum is done so at your own risk.
54. You are responsible and liable for all your activities while participating in the Forum, including anything you say or post. You are responsible for your Profile, including where another person posts material on the Forum using your Profile.
55. FOXTEL will be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your participation in the Forum or the use by FOXTEL of the material you post on the Forum. FOXTEL is not responsible where someone copies your post from the Forum and pastes it elsewhere on the internet.
56. These Terms & Conditions are covered by the laws of the State of New South Wales.
57. By agreeing to these Terms & Conditions, you indemnify FOXTEL and its officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of your participation in the Forum or the use by FOXTEL of the material you post on the Forum and/or a breach by you of these Terms & Conditions..
58. These Terms & Conditions are subject to change at the sole discretion of FOXTEL. You should check the Terms & Conditions each time you participate in the Forum, to ensure that you comply.