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.
Indemnity
14. 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.
Communication Channels
15. This Site provides users with the ability to participate in chat rooms and other real time communications with other users ('Communication Channels').
16. You must participate in the Communication Channels in a responsible manner and s must ensure you do not communicate material which:
17.
a. infringes or adversely impacts on the rights of any person;
b. is under copyright, trade mark or other intellectual property protection if they have not obtained a full and proper licence from the owner;
c. brings Us or any of the programs advertised on the Site into disrepute;
d. is defamatory;
e. is threatening;
f. is hateful;
g. is racially or ethically offensive;
h. is pornographic or obscene;
i. is technically deficient in some manner including any material which contains a computer virus;
j. is promotional or advertising in its nature;
k. is capable of encouraging conduct that would be considered a criminal offence;
l. is capable of violating any law; and/or
m. is capable of giving rise to civil liability.
17. We reserve the right to monitor all content on the Site.
18. We may in Our sole discretion delete any communication deemed to breach these Terms and Conditions and remove or bar any user posting such communication from using this Site.
Disclaimer
19. 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.
20. 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.
21. 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.
General
22. 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.
Arena A-List
(This section applies to members of the Arena A-List)
23. Arena-A List membership entitles you to email newsletters and the ability to enter promotions on the Site and create a profile on the ARENA Watch What Happens forum.
24. 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.
25. Entry to each promotion is not automatic and entrants can select which promotions they wish to enter.
26. 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'.
27. 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.
28. 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.
29. Arena A-List members are responsible for maintaining the confidentiality of their password and other personal details.
30. 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.
