ThinkSpot: Terms of Use
These Terms of Use were last updated: October 6, 2009.
Welcome to the ThinkSpot website (www.thinkspot.com.au) (the "Site"). These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the web, PDAs and mobile phones. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.
Use of this site
News Magazines Pty Limited ("News Magazines") is the owner and operator of this Site.
Users of this Site ("Users") agree to be bound by these Terms & Conditions, which are subject to change at News Magazines' sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
The Privacy Policy of News Magazines forms part of these Terms of Use.
Membership
To become and to continue as a member of the Site ("Member"), you must:
- be aged 14 years or over;
- live in Australia;
- apply and be accepted for Membership;
- complete the Profiling Survey;
- have an active, permanent email address so as to receive, among other things, invitations to participate in research and the ThinkSpot newsletter;
- consent to receive emails from News Magazines in connection with ThinkSpot, including an email inviting you to participate in research and emails attaching ThinkSpot's newsletter; and
- participate in a survey at least once a year, not including the Profiling Survey.
Membership is not transferable.
By becoming a Member, you agree to News Magazines using your personal information as contemplated by these Terms of Use.
Quarterly prize draws
News Magazines may enter your name in the Site's regular prize draws and other competitions that may be offered to Members.
Each competition run by News Magazines in connection with ThinkSpot will be subject to specific terms and conditions, which will be published on the Site at that time.
Where you win a prize in any competition conducted by News Magazines in connection with ThinkSpot, News Magazines may publish your name on the Site and elsewhere.
All tax liabilities and other duties arising from winning a prize in any competition conducted by News Magazines in connection with ThinkSpot are your sole responsibility. News Magazines gives no warranty or assurance in relation to such tax or other duties.
Termination
News Magazines may suspend or terminate all or any part of ThinkSpot (including the Site) at any time.
A Member may cancel Membership by clicking the Unsubscribe option at the bottom of any email you receive from ThinkSpot or by logging into the ThinkSpot website, viewing the 'Update Profile' screen and clicking the Unsubscribe option.
News Magazines may suspend, cancel or terminate a Membership, at any time and with immediate effect if in News Magazines' opinion, the Member no longer complies with the ongoing requirements as stated above or because News Magazines reasonably believes that the Member has, has intended or intends to breach any of these Terms of Use or interfere with the normal operation of the Site or any other activities of News Magazines.
Copyright and Trade Marks
All intellectual property in relation to content on the website belongs to News Magazines or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
You may download and view content or print a copy of material on this website for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by News Magazines. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the website without the copyright or trademark owners' permission.
The Thinkspot logo, the logos of News Magazines, and the News Magazines mastheads and other News Magazines sites are trademarks of News Magazines or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
User content
When using the website you may provide us with information about yourself or other matters. By doing this you agree to the terms set out in these Terms of Use including the News Magazines Privacy Policy.
When you submit content to the Site in any format, including any text, photographs, graphics, video or audio, you grant News Magazines a non-exclusive, royalty-free, perpetual license to publish that content.
You agree that News Magazines can use that content in any way, now and in the future, including the right to display your information anywhere on the Site and News Magazine's other media properties, to search the information, and to de-identify the information and repackage and present or supply the information to a third party . News Magazines also reserves the right not to use the content you submit.
You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
You waive any moral rights in your contribution for the purposes of its submission to News Magazines.
In respect of providing information you agree that you will not post, transmit or otherwise publish on the Site or to the Site servers any material that:
- restricts or inhibits any other user from using or enjoying the Content on the website;
- is unlawful, threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including without limitation any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
- violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner;
- contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it's servers and the Content thereon;
- contains any promotional material or advertising; or
- constitutes or contains false or misleading statements.
You indemnify News Magazines against any and all legal fees, damages and other expenses that may be incurred by News Magazines as a result of a breach of this section titled "User content".
Advertising, links to third party websites and e-commerce offers
This site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that content.
This Site may include links to third party sites which are not related to News Magazines and in relation to which News Magazines has no control or interest. The appearance of those links on this site does not indicate any relationship between News Magazines and that third party or any endorsement by News Magazines of that third party, its site or the products or services which it is advertising on this Site.
Disclaimer and limitation of liability
News Magazines does not warrant the accuracy of the content on the Site. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at News Magazines' sole discretion and without notice.
News Magazines will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
News Magazines does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that News Magazines or the server that makes it available, are free of viruses or bugs.
To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of News Magazines, for any breach of a term or condition implied by law is limited at News Magazines' discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
You expressly acknowledge and agree that News Magazines does not exert control over users of the Site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
News Magazines does not and cannot review all information posted to the Site by Users and is not responsible for such information. However, News Magazines reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.
News Magazines may at its sole discretion and without prior notice remove, replace, re-format or delete any information, service or functionality from any part of the Site at anytime for any reason whatsoever or for no reason.
You indemnify News Magazines and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Governing law and other matters
These Terms & Condition shall be governed by and interpreted in accordance with the laws of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
News Magazines Pty Ltd
170-180 Bourke Road
Alexandria NSW 2015
Australia
