Terms and Conditions

CHANNEL [V] INTERACTIVE TERMS AND CONDITIONS

The Channel [V] website (the “Site”) is owned and operated by XYZnetworks Pty Limited (“XYZ”). Your access to and use of the Site is subject to these terms and the Privacy Policy which can be viewed at www.channelv.com.au (together, the "Terms of Use"), whether or not You become an authorised user of this Site. These Terms of Use govern all communications that are sent to the Site or sent to XYZ as a part of Channel [V]’s interactive programming services or interactive promotions via various communication channels. These communication channels include any communication by any and all means of technology, including without limitation, MDS, DTH, cable (digital and analogue), via the Internet (including broadband), radiowave transmission, all forms of wireless communication (including but not limited to transmission to and from Personal Digital Assistants (PDA's), mobile telephony, SMS and MMS messages sent to the Site or XYZ (“Interactive Communication”). Access to the contents of the Site and participation in any Channel [V] Interactive Communication channels is conditional upon your acceptance of and compliance with these Terms of Use.

Please read the Terms of Use (including our Privacy Policy) carefully as they form the agreement between us and You. If You do not agree to the Terms of Use, You will not be permitted to use this Site, nor participate in any Interactive Communication. By using the Site or participating in any Interactive Communication after 15 September 2005 You are agreeing to be bound by these Terms of Use, including all amendments made to these Terms of Use (including our Privacy Policy) from time to time s notified by XYZ.

Restricted Use

All persons under the age of 18 years must obtain the consent of their parent or legal guardian before using any Interactive Communication channels.

User Agreement

The Terms of Use constitute your agreement with XYZ with respect to your use of any Interactive Communication channels. You must agree to abide by all of the terms and conditions contained in the Terms of Use in order to become or remain an authorized user of the Site or to be eligible to participate in any Interactive Communication. As used in this Agreement, "we" and "us" means XYZ or any successor or assign of XYZ.

Right to Use

Your right to use and submit any Interactive Communication is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Interactive Communication channels at any time, including the availability of any Site feature, database or content. We may also impose limits on certain features and aspects of the Interactive Communication channels or restrict your access to parts or all of the Interactive Communication channels without notice or liability.

Communication Channels

Through its Interactive Communication channels, we provide You with the ability to participate in chat rooms, message boards, personal messaging and other interactive communication with other users.

We require You to participate in the Interactive Communication channels in a responsible manner and You must not communicate material which:

  • (a)infringes or adversely impacts on the rights of any person;
  • (b)is under copyright, trade mark or other intellectual property protection if You have not obtained a full and proper licence from the owner;
  • (c)brings XYZ into disrepute with any party;
  • (d)is defamatory, obscene, pornographic or offensive or which incurs criminal or civil liability;
  • (e)is technically deficient in some manner including any material which contains a computer virus; or
  • (f)is promotional or advertising in its nature.

Monitoring of Information

We reserve the right to:

  • (a)monitor all advertisements, public postings, messages (including SMS), pictures, photographs (including MMS) and video and audio recordings to ensure that they conform to these Terms of Use and any applicable laws, regulations and standards; and
  • (b)remove any content from the Site or Interactive Communication channel that we consider is infringing.

Code of Conduct

You agree to use the Interactive Communication channels and the Site in accordance with the following Code of Conduct:

  • (a)You will keep all information provided to You through the Site as private and confidential and will not give such information to anyone without the permission of the person who provided it to You;
  • (b)You will not use the Site or any Interactive Communication channels to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, SMS, pictures, photographs, MMS, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
  • (c)You will not forward chain letters through the Site or any Interactive Communication channel;
  • (d)You will not use the Site or any Interactive Communication channel to infringe the privacy rights, intellectual property rights, moral rights, or any other rights of any person;
  • (e)You will not post messages, pictures or recordings or use the Site or Interactive Communication channels in any way which:
    • (i)which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright, trade-mark or intellectual property law, privacy or other personal or proprietary rights; or
    • (ii)which is fraudulent or otherwise unlawful or violates any law; and
    • (iii) to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
  • (f)You will not use the Site or any Interactive Communication channel to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Site or any Interactive Communication channel, XYZ systems or other member systems in any way;
  • (g)You will not use the Interactive Communication channels to display or broadcast any pornographic or sexually explicit material of any kind;
  • (h)You will not use the Site or any Interactive Communication channel to display material that in a sexual or violent manner, or solicits personal information from anyone;
    • (i)You will not use the Site or any Interactive Communication channel to provide instructional information about illegal activities such as making or buying illegal weapons, illegal substances, violating someone’s privacy, or providing or creating computer viruses;
    • (j)You will not post or transmit in any manner any contact information including, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information; and
    • (k)You may only submit via other Interactive Communication channels, photographs or MMS messages of yourself or of another person who has given You, his or her express prior consent to submit that photograph or MMS. If You are not the person in the photograph or MMS, You warrant that any information or photographs which You submit has been submitted with the full knowledge and permission of the person portrayed in the photograph or MMS and with the consent of any relevant copyright holder.
  • (l)Additionally, you must not:
    • (i)use the Site or the Interactive Communication channels directly or indirectly to post or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or any Interactive Communication channel;
    • (ii)use the Site or the Interactive Communication channels directly or indirectly, or use any service provided on the Site Interactive Communication channels, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (commercial or otherwise);
    • (iii)attempt to gain unauthorised access to the Site, the Interactive Communication channels or use another person's name, registration account or password;
    • (iv)create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
    • (v)tamper with, hinder the operation of or make unauthorised modifications to the Site Interactive Communication channels; or
    • (vi)knowingly transmit any virus or other disabling feature to the Site or any Interactive Communication channel.

Privacy and Use of Information

By using the Interactive Communication channels or accessing the Site, You have also agreed to our Privacy Policy. You acknowledge that:

  • (a)anything You submit via Interactive Communication channels may be displayed on the Site or broadcast on XYZ’s channels by any and all means of technology, including without limitation, MDS, DTH, cable (digital and analogue), via the Internet (including broadband), radiowave transmission, all forms of wireless communication (including but not limited to transmission to and from Personal Digital Assistants (PDA's), mobile telephony, microwave transmissions and all other data casting and content receiving devices for the subscriber to provide (and receive) communication, subject always to XYZ’s Privacy Policy;
  • (b)we cannot ensure the security or privacy of information You provide through the Internet, other networks and your email messages, and You release us from any and all liability in connection with the use of such information by other parties;
  • (c)we are not responsible for, and cannot control, the use by others of any information which You provide to them and You should use caution in selecting the personal information (as defined in the Privacy Act 1988 (Cth)) You provide to others through the Site or via Interactive Communication channels; and
  • (d)we cannot assume any responsibility for the content of messages sent or text posted by other users of the Site, and You release us from any and all liability in connection with the contents of any communications You may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Site or sent via Interactive Communication channels.

You may not use the Interactive Communication channels for any unlawful purpose. We may refuse to grant You, or may withdraw from You an ID or nickname that impersonates someone else, is protected by trademark or intellectual property law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Removal of Information

You acknowledge that:

  • (a)we do not and cannot review every message or other material posted or sent by users of Interactive Communication channels;
  • (b)we are not responsible for any content of these messages or materials;
  • (c)we may, but are not obligated to, delete, move, or edit messages or materials, including photos, public postings, messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, laws, or to be otherwise unacceptable.

You shall remain solely responsible for the content of photos, public postings, messages, and other materials You may send via Interactive Communication channels or upload to the Site.

Termination or suspension of access to Site

We may, in our sole discretion, terminate or suspend your access to all or part of the Site or any Interactive Communication channel at any time, with or without notice, if you breach these Terms of Use. In addition, fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Site, an Interactive Communication channel or the Internet by others may be grounds for termination of your access to all or part of the Site or an Interactive Communication channel at our sole discretion, and You may be referred to the appropriate law enforcement agencies or we may notify your internet service provider.

Copyright Protection

With the exception of any materials that are posted by You or another user on the Site or communicated by You or another user via the Interactive Communication channel, copyright in this Site and each Interactive Communication channel (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us and you have no right, title or interest in this copyright. Other than for the purposes of using the Site in accordance with these Terms of Use and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, You must not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or any Interactive Communication channel; or
  • commercialise any information, products or services obtained from any part of the Site or any Interactive Communication channel;
    without our express written permission.

Trade Marks

This Site and each Interactive Communication channel may include registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors).

You must not use any of our trade marks, including the names “XYZnetworks Pty Limited” “Channel [V]” or “XYZ”.

  • in or as the whole or part of your own trade marks or business name or company name;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including this Site).

You must not authorise or assist any person to do any of the acts specified above.

Restricted Use

Unless we agree otherwise in writing, You are provided with access to this Site and each Interactive Communication channel only for Your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, You must not, without our written permission, on sell information obtained from this Site or any Interactive Communication channel, or otherwise seek to exercise any of the exclusive rights of the copyright owner of any materials that are displayed or posted on this Site or any Interactive Communication channel without the prior written consent of that copyright holder.

Linked Web Sites

This Site may contain links to other web sites (linked web sites). 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 web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
XYZ permits all Internet service providers to transmit information and materials on this Site to their subscribers subject to compliance with these Terms of Use.

XYZ right to use submitted material

You grant to us, our assigns and our authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit or copy any material communicated by You via the Site or any Interactive Communication channel in whatever format (including text, graphics or music) ('Material') in any manner in all media throughout the world in perpetuity.

Your submission of Material to the Site shall be deemed a valid and binding consent to the grant of the licence to XYZ as set out above.

Moral Rights Consent

To the extent permitted by applicable law, You unconditionally and irrevocably:

  • (a)consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any Material, to any act or omission that would otherwise infringe any moral rights in any Materials which are transmitted by you onto the Site or any Interactive Communication Channel, whether occurring before or after a consent is given; and
  • (b)waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights,
    for our benefit, or the benefit of our licensees, successors in title and anyone authorised by any of them to do acts comprised in the copyright.
    You agree that you must not institute, maintain or support any claim or proceeding against Us, our licensees or successors for infringement of any of Your moral rights (or the moral rights of any third person) arising from the transmission of Material to any Interactive Communication Channel or through use of the Site.
    You agree that you must sign all documents and do all acts and things reasonably required by Us for the purpose of giving effect to our rights in relation to your moral rights consent.

Interruption or Suspension

You acknowledge that the Site or any Interactive Communication channel may be temporarily unavailable for maintenance and support purposes. We are not responsible for the suspension of or interruption to the Site or any Interactive Communication channel or network, regardless of the cause of the interruption or suspension. To the extent permitted by law, any claim against us shall be limited to the amount You paid, if any, for use of the Site or any Interactive Communication channel during the previous 12 months. We may discontinue or change the Site or the Interactive Communication channel or its availability to You at any time, and You must stop using the Interactive Communication channel at any time.  

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damage, including reasonable legal fees, which we may suffer or any third party claims made against us arising from your activities on or use of the Site or any Interactive Communication channel, including your negligence, any breach by You of these Terms of Use or any charges or complaints made by other parties against You. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any claim made against us that You are required to indemnify provided that You shall remain liable for any such claim.

No Warranties by XYZ

The Site and Interactive Communication channels are displayed and distributed on an "as is" basis. We do not warrant that the Site or any Interactive Communication channel will be uninterrupted, virus-free or error-free. There may be delays, omissions, and interruptions in the availability of the Interactive Communication channel. Where permitted by law, You acknowledge that the Site and Interactive Communication channels are provided without any warranties of any kind whatsoever, either express or implied, including the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Site and any Interactive Communication channel is at your own risk. We do not represent or endorse the accuracy or reliability of any information, advice, opinion, statement or other information displayed, uploaded or distributed through the Site or any Interactive Communication channel by Us, or any user of the Interactive Communication channel or any other person or entity. You acknowledge that any reliance upon any such opinion, information, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site or any Interactive Communication channel by Us or any user of the Interactive Communication channel or any other Interactive Communication channel. Your continued use of the Site and any Interactive Communication channel now, or following the posting of notice of any changes in the Terms of Use, will constitute a binding acceptance by You of the Terms of Use, or any subsequent modifications.

Your warranties

You warrant to XYZ that:

  • (a)the Material You submit 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;
  • (b)the Material does not contain any encumbrances and You have the full legal right to grant a licence in the Material to Us and 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 Us to You or such third parties. You agree to provide any written evidence of this right to Us if We request;
  • (c)You have obtained written permission and releases for the use of any persons’ name, likeness and biography for any use by Us of the Material;
  • (d)You agree to enter into any written documents if required by Us to formalise your licence to Us in the Material to Us; and
  • (e)You warrant that any information or photographs (including MMS) which You submit via the Interactive Communication channels has been submitted with the full knowledge and permission of the person portrayed in the photograph. If You do not have the requisite approval, or falsely claim to be the subject of a photograph, We reserve the right to take down the photograph. In addition You will be liable for breaching the Terms of Use and if necessary, You may be referred to the appropriate law enforcement agency.

No Liability

You acknowledge and agree that:

  • (a) we are not responsible or liable for any direct or consequential loss, damage or expense incurred by You as a result of your use of the Site or any Interactive Communication channel;
  • (b)You are solely responsible for your own virus-protection procedures; and
  • (c)We will not indemnify your use of the Site or any Interactive Communication channel in any way.

Variations

You agree that we may change the Terms of Use from time to time. Notification of changes to the Terms of Use will be posted on the Site or sent via electronic mail, as we may determine in our sole discretion. If You do not agree to the variations, You should terminate your use of the Interactive Communication channels. Your continued use of the Interactive Communication channels following the posting of notice of any changes in the Terms of Use, will constitute a binding acceptance by You of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

By using the Site and any Interactive Communications channel, You consent to:

  • (a)Us sending electronic commercial messages to You to inform You of changes or additions to the Site, or of any of our related products and services; and
  • (b)Our use of information about your usage of the Site or any Interactive Communication channel and demographics in forms that do not reveal your personal identity in accordance with our Privacy Policy.

Governing Law

This Agreement is entered into in New South Wales, Australia. You agree that it will be governed by the laws of the State of New South Wales and any disputes arising out of this Agreement will be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Assignment

You do not have the right to assign this Agreement or any of your rights to use the Site or any Interactive Communication channel to anyone. We have the right to assign or novate any or all of our rights and obligations under these Terms of Use to any third party. If, at our election, we novate our obligations under these Terms of Use to a third party, we shall be relieved of any and all liability under these Terms of Use.

Enquiries or Further Information

If You require any further information please write to:
XYZnetworks Pty Limited (ABN: 71 066 812 119) at GPO Box 2692 Sydney NSW 2001; or send an email to vmail@channelv.com.au and provide your Site username/ID.

Click here to read the full Privacy Policy.
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