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Terms of Use |
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| This agreement together
with any additional terms, conditions, notices
and disclaimers contained elsewhere on the
Media-Mania Productions Website form the conditions
of supply of material on, use of and access
to the Media-Mania Productions Website. Your
continued use of the Media-Mania Productions
Website constitutes an affirmative, acknowledgment
and agreement by you that you accept and agree
to abide and be bound by these conditions
and any modifications. Should
you object to any of these conditions or
any subsequent modifications your only recourse
is to immediately discontinue your use of
the Media-Mania Productions Website. |
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1.1
The Media-Mania Productions Site ("the Site") is
provided by Media-Mania Productions, A.B.N. - 92
558 487 711 and the use of and the services provided
therein ("the Services") is governed by the following
Terms and Conditions of Use ("the Agreement").
1.2
Any person accessing this Site ('the User") and
using the Services provided therein agrees to follow
and be bound by the terms and conditions contained
in this Agreement.
1.3
If the User does not wish to be bound by the terms
of this Agreement the User shall immediately exit
from this Site; |
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2.1
This Site is subject to and protected by Copyright
under the Copyright Act 1968 (Cth) as amended and
all rights are reserved by Media-Mania Productions.
2.2
Media-Mania Productions shall supply the Site and
Services to the Users at such times and by such
means as Media-Mania Productions from time to time
decides. The Site and Services are not fault free
and Media-Mania Productions makes no guarantees
or warranties that the Site and Services will not
be interrupted and the User shall be entitled only
to the quality of service provided by Media-Mania
Productions from time to time for Users generally.
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| 3.0
All information, trademarks, service marks and registered
trademarks or other form of intellectual property
supplied to Media-Mania Productions by persons wishing
to advertise ("the Advertisers") on this Site and
displayed or appearing on this Site are presumed
to be and presumed to remain the property of the
Advertisers. |
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4.1
Media-Mania Productions supplies the Site and Services
on an As Is and As Available basis and gives no
endorsements, representations, warranties or guarantees,
whether express or implied, including but not limited
to:
4.1.1
the accuracy, suitability, validity, legality and
currency of information ("the Information") contained
in the Services which has been supplied by Advertisers;
4.1.2
the suitability, ownership and title, fitness for
any particular purpose, merchantability, quality
and type of merchandise (" the Merchandise") displayed
on the Site or advertised through the Services;
4.1.3
whether any Information will be free of infection
by viruses, worms, trojan horses or any programme
manifesting contaminating or destructive properties;
and
4.1.4
whether the Information provided will be free of
adult-related or other material that persons may
find offensive.
4.2
All express or implied conditions or warranties,
statutory or otherwise, in relation to the Site,
Services and Information are to the extent to which
it is legally permitted hereby expressly negatived
and excluded from this Agreement. |
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5.1
Media-Mania Productions provides information, network
and messaging facilities and while all reasonable
care is used in the provision of the Site and Services,
Media-Mania Productions shall not have any liability
whatsoever in contract, or otherwise to any party
in respect of any loss or damage (including without
limitation direct or consequential loss, economic
loss or loss of other contracts) arising out of
the provision of the Site and Services, any inaccuracy
or error or omission from any part of the Site or
Services or the Users inability to use the Site
or Services and Information contained therein.
5.2
In the event that this Agreement constitutes a supply
of services to a consumer as defined in the Trade
Practices Act 1974 or relevant State or Territory
legislation, nothing contained in this Agreement
excludes restricts or modifies any condition, warranty
or other obligation where to do so would be unlawful,
in such event Media-Mania Productions's sole liability
for breach of any such condition, warranty or other
obligation, including any consequential loss which
the User may sustain or incur shall be limited to
in relation to services the supplying of the services
again or the payment of the cost of having the service
supplied again as Media-Mania Productions may elect.
5.3
The User acknowledges that Advertisers may impose
additional terms and conditions governing the provision
of their information to the Site and Services and
that any such terms and conditions may include a
disclaimer absolving such Advertisers from liability
regarding information and services provided on the
Site. |
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6.0
The User shall:
6.1
determine whether the Information and Merchandise
meets with their requirements by undertaking their
own further research and inquires;
6.2
ensure they have the legal rights to store, reproduce
or otherwise make use of Information, Site and Services
in the manner contemplated by the User;
6.3
isolate Information, execute anti-contamination
software and do all things reasonably necessary
to ensure that Information, if contaminated or infected,
will not damage the User's systems and data;
6.4
comply with all legal requirements including but
not limited to, laws relating to the areas of copyright,
intellectual property, defamation, privacy and decency;
6.5
not restrict or inhibit any other User from using
and enjoying the Site and Services;
6.6
not post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic,
profane, or otherwise objectionable information
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 local, state, national
or international law;
6.7
not post or transmit any information or software
which contains a virus, cancelbot, trojan horse,
worm or other harmful component;
6.8
not post, publish, transmit, reproduce, distribute
or in any way exploit any information, software
or other material obtained through the Services
for commercial purposes (other than as expressly
permitted by the provider of such information, software
or other material);
6.9
not upload, post, publish, transmit, reproduce,
or distribute in any way, Information, software
or other material obtained through the Services
which is protected by copyright, or other proprietary
right, or derivative works with respect thereto,
without obtaining permission of the copyright owner
or right holder; or
6.10
not upload, post, publish, reproduce, transmit or
distribute in any way any component of the Services
itself or derivative works with respect thereto.
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| 7.0
Media-Mania Productions may (without prejudice to
any other right or remedy) deny the User access
to all or part of the Site and Services if in Media-Mania
Productions's sole discretion it believes the User
has or is likely to fail to observe or perform any
of the provisions of this Agreement; or if Media-Mania
Productions is of the opinion that the User has
or may use the Site and Services for any unlawful
or improper purpose or in a manner that may jeopardise
the security or interface in the proper operation
of any part of the Site or Services. |
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| 8.0
If Media-Mania Productions shall grant to the User
any extension of time or other indulgence, the same
shall not in any way affect or prejudice the rights
of Media-Mania Productions under this Agreement
except to the extent of the specific extension or
indulgence. |
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| 9.0
All provisions of this Agreement shall be severable
and no provision shall be affected by the invalidity
of any other provision and in the event that some
provision is construed as illegal, invalid, void
or unenforceable the remaining provisions of this
Agreement shall not be affected thereby and shall
be interpreted and enforced as if such illegal,
invalid, void or unenforceable provisions were not
ever incorporated in this Agreement. |
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| 10.0
The applicable Law for the construction or interpretation
of this Agreement shall be the Law of the State
of New South Wales or (where applicable) the Law
of the Commonwealth of Australia and the parties
agree to submit to the Jurisdiction of the appropriate
Court of that State or the Commonwealth.
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11.0
In this Agreement, unless the context otherwise
requires:
11.1
a reference to a person includes any other entity
recognised by law and vice versa;
11.2
words importing the singular number include the
plural number and vice versa:
11.3
words importing one gender include every gender;
11.4
any reference to any of the parties by their defined
terms includes the executors, administrators and/or
permitted assigns of that party or, being a company,
the successors and/or permitted assigns of that
party;
11.5
every agreement or undertaking by more than one
person in terms of this Agreement shall bind and/or
ensure for the benefit of such persons jointly
and each of them severally;
11.6
headings of Clauses have been inserted for guidance
only and shall not affect the construction or
interpretation of any provision of this Agreement;
11.7
where any word or phrase is given a defined meaning
in this Agreement, any other part of speech or
other grammatical form in respect of such word
or phrase shall have a corresponding meaning;
» If you have any questions regarding our multimedia services, please
contact us on 02
8206 9372 or email us for more information. |
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