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The NetFM
website ("The Website") is owned and operated by
NetFM Pty Limited (ACN 091 099 535) ("NetFM"). Your
access to the Website, including it's streaming
content, is conditional upon your acceptance and
compliance with the terms, conditions, notices and
disclaimers contained in this document and elsewhere
on the Website (known collectively as "Terms of
Use"). Your use of, and/or access to, the Website,
including it's streaming content, constitutes your
agreement to the Terms of Use. NetFM reserves the
right to amend the Terms of Use at any time. Since
you are bound by these Terms of Use, you should
periodically refer to them in this document and
elsewhere on the Website
INTELLECTUAL PROPERTY AND RESTRICTIONS OF
USE ON THE WEBSITE
All
information, text, material, graphics, software and
advertisements on the Website, including streaming
content ("Content") are Copyright ©1998-2001 NetFM
Broadcasting Pty Limited, its suppliers and/or
licensors unless expressly indicated otherwise on
the Website. The Content is protected by Australian
and international copyright and trademark laws.
Content on the Website is published in real-time,
and you must not modify, copy, reproduce, republish,
frame, upload to a third party, post, transmit or
distribute this Content in any way except as
expressly provided for on the Website or expressly
authorised in writing by NetFM or its Affiliates.
Strictly on the condition that you keep all Content
intact and in the same form as presented on the
Website (including without limitation all copyright,
trademark and other proprietary notices and all
advertisements), you may: a) using an
industry-standard Web browser, download and view the
Content for your personal, non-commercial use, or b)
using an industry-standard player, receive in
real-time streaming Content for your personal
non-commercial use, or c) if you are an Internet
service and/or access provider, supply the Content
to your subscriber. You must not use the Website or
it's streaming Content in any manner or for any
purpose which is unlawful or in any manner which
violates any rights of NetFM or an Affiliate or
which is prohibited by the Terms of Use.
COMMUNICATION FACILITIES
The
Website contains electronic messaging services, chat
rooms and other communication facilities which
provide for feedback by users to NetFM, real-time
interaction between users (including individuals
referred to as guests and experts) and other
electronic messaging and notice services
("Communication Facilities").
It is
a condition of your use of any Communication
Facility and your access to the Website that you do
not do any of the following:
restrict or inhibit any other user from using or
enjoying any Forum;
post or transmit any unlawful, threatening,
abusive, defamatory, obscene, vulgar,
pornographic, profane or indecent information or
material of any kind, including without limitation
any transmissions constituting or encouraging
conduct that would constitute a criminal offence,
give rise to civil liability or otherwise violate
any applicable law;
post or transmit any material of any kind which
violates or infringes upon the rights of any other
person, including material which is an invasion of
any privacy or publicity rights or which is
protected by copyright, trademark or any other
proprietary right, or derivative works with
respect thereto, without first obtaining
permission from the owner or relevant right
holder;
post or transmit any material of any kind which
contains a virus or other harmful component;
post, transmit or in any way exploit any material
of any kind for commercial purposes, or which
contains any promotional material or advertising;
delete any author attributions, legal notices or
proprietary designations or labels in any file
that is uploaded; or
download any file posted by any other user of a
Forum if you know, or reasonably ought to know,
that the file cannot legally be distributed in
such manner.
NetFM
may from time to time monitor or review the contents
of its Communication Facilities. While NetFM
reserves its right to edit, refuse to post or to
remove any information and/or materials (in whole or
in part) that in NetFM's sole discretion is in any
way objectionable or in violation of any applicable
law or the Terms of Use, NetFM has no obligation
whatsoever to monitor any Communication Facility or
to edit, delete or refuse to post such contents, nor
is NetFM responsible for any contents in any
Communication Facilities (including any information,
comments and/or advice of any individual referred to
as guest or expert whose statements on the Website
are solely their own). You expressly acknowledge and
agree that the Communication Facilities provide a
means of public and not private communications.
NetFM
reserves the right to cooperate fully with any law
enforcement authority in any jurisdiction in respect
of any lawful direction or request to disclose the
identity or other information in respect of anyone
posting any materials which violate any applicable
or relevant law.
USER LICENCE TO NETFM
By
placing any information or other material on the
Website (including posting messages, uploading
files, inputting data or engaging in any other form
of communication), you grant to NetFM a perpetual,
royalty-free, non-exclusive, irrevocable,
unrestricted, worldwide licence to do the following
in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt,
transmit, publish and/or broadcast, publicly perform
or display, and
2. sublicense to any third parties the unrestricted
right to exercise any of the foregoing rights
granted.
The
foregoing grant includes the right to exploit all
proprietary rights in any such information or other
material including but not limited to rights under
copyright, trademark, service mark or patent laws
under any jurisdiction worldwide. You expressly
waive in favour of NetFM and any other party
authorised by NetFM all moral rights and any similar
rights in any jurisdiction which you may have or
hereafter acquire in respect of any relevant
communication or other material. At the request and
expense of NetFM, you will execute and deliver to
NetFM such instruments and take such other actions
as may be required to carry out this grant of
licence and waiver.
ADVERTISING, LINKS TO THIRD PARTY
WEBSITES AND E-COMMERCE OFFERS
The
Website contains hyperlinks and other pointers to
Internet websites operated by third parties. These
linked websites are not under the control of NetFM,
and NetFM is not responsible for the contents of any
linked web or any hyperlink contained in a linked
website. NetFM provides these hyperlinks to you as a
convenience only, and the inclusion of any link does
not imply any endorsement of the linked website by
NetFM or its Affiliates except as expressly provided
for on the Website or expressly in writing by NetFM
or its Affiliates. You link to any such website
entirely at your own risk.
The
Website also contains third party advertisements
(including banner ads and full page advertisements)
which contain embedded hyperlinks or which include
referral buttons to websites operated by third
parties or their licensees or contractors. All third
party advertising (including referral buttons and
embedded hyperlinks) is paid for by the relevant
third party advertisers and are not recommendations
or endorsements by NetFM or its Affiliates or their
respective directors or employees. You are referred
to the relevant advertiser for all information
including terms and conditions regarding the
advertiser and its products and/or services.
In
some instances, the advertisement will contain
representations or offers by the third party
advertiser which you can accept by linking to the
advertiser's website and executing the relevant
transaction. Such offers are not made by NetFM, and
the third party advertiser is solely responsible to
you for the quality and delivery of any goods or
services you purchase on the third party website.
The
product prices listed in the "Buy CDs" sites
("Service") are the responsibility of the relevant
retailer and are accurate at the time the retailer
notifies NetFM. They are subject to change without
notice by the retailer. NetFM is not liable for the
prices or price changes, including where price
changes have not been reflected on the "Buy CDs"
sites. Your use of the Service is subject to the
NetFM terms of use.
DISCLAIMER AND LIMITATION OF LIABILITY
The
Trade Practices Act and similar State and Territory
Legislation in Australia (nd in New Zealand, except
where goods or services are acquired for business
purposes, the Consumer Guarantees Act 1993 (NZ)) may
confer rights and remedies on you in relation to the
provision by NetFM of goods or services on the
Website which cannot be excluded, restricted or
modified ("Non-excludable Rights"). NetFM does not
exclude any Non-excludable Rights but does exclude
all other conditions and warranties implied by
custom, law or statute.
Except
as provided for by the Non-excludable Rights: a) all
Content is provided "as is" and without warranties
of any kind, either express or implied, b) NetFM and
its suppliers expressly disclaim all warranties of
any kind including but not limited to implied
warranties of merchantability and fitness for a
particular purpose, c) NetFM does not warrant that
the functions contained in any Content or any
Communications Facility or your access to the
Website will be uninterrupted or error-free, that
any defects will be corrected or that the Website or
the server which stores and transmits Content to you
are free of viruses or any other harmful components,
d) NetFM does not warrant or make any representation
regarding your access to, or the results of your
access to, the Website (including any related or
linked websites) or any Content in terms of
correctness, accuracy, timeliness, completeness,
reliability or otherwise, and e) you (and not NetFM)
assume the entire cost of any necessary
verification, maintenance, repair and/or correction
of any relevant Content.
Under
no circumstances (including but not limited to any
act or omission on the part of NetFM) will NetFM or
its Affiliates be liable for any indirect,
incidental, special and/or consequential damages or
loss of profits whatsoever which result from any use
or access of, or any inability to use or access, the
Website or any Content. You expressly acknowledge
and agree that NetFM does not exert control over
users of the Website (including individuals referred
to on the Website as guests and experts) and is not
liable either for their opinions or their behaviour
including any information and/or advice and any
defamatory statements or offensive conduct.
To the
fullest extent permitted by law, NetFM's liability
for breach of any implied warranty or condition
which cannot be excluded is limited at the option of
NetFM to the following:
- in
the case of services supplied or offered by NetFM,
(a) the supply of the services again, or (b) the
payment of the cost of having services supplied
again; and
- in
the case of goods supplied or offered by NetFM,
(c) the replacement of the goods or the supply of
equivalent goods, (d) the repair of such goods,
(e) the payment of the cost of replacing the goods
or acquiring equivalent goods, or (f) the payment
of the cost of having the goods repaired.
TERMINATION
The
Terms of Use are effective until terminated by
NetFM, and NetFM may terminate this agreement and
your access to the Website at any time without
notice. In the event of termination, you are no
longer authorised to access the Website, but all
restrictions imposed on you, licenses granted by you
and all NetFM disclaimers and limitations of
liability set out in the Terms of Use will survive.
Also see our Privacy Policy
page.
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