TERMS OF USE
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY
USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS
AGREEMENT. If you disagree with any of the terms that follow or do
not agree to be bound by all such terms, do not use this
website.
This website is operated by: Paramount Pictures Australia
(Australasia) Pty Limited ("Company" or "we", "us", or "our"). Your
use of this website (the "Website") is subject to the following
terms and conditions of use (the "Terms"). These Terms apply to all
of the websites operated by Company (unless a different terms of
use policy is provided on a particular site, in which case such
different policy shall control). You agree to these Terms by
accessing this Website and/or by accepting any information from
this Website. We reserve the right in our sole discretion to
modify, alter or otherwise change these Terms and you agree to be
bound by such modifications, alterations or changes. We will post
changes here, so check back periodically. Your continued use of
this Website after the posting of any change in the Terms shall
constitute your acceptance to be bound by any such changes. Please
also review the Website's Privacy Policy.
Content
This Website and all of the content it contains, or may in the
future contain, such as articles, opinions, other text,
directories, guides, photographs, illustrations, images, video and
audio clips and advertising copy, as well as the trademarks, logos,
domain names, trade names, service marks and any and all
copyrightable material (including source and object code) and/or
any other form of intellectual property (collectively, the
"Material") are owned by or licensed to Company or other third
parties and are protected from unauthorized use, copying and
dissemination by copyright, trademark, publicity and other laws and
by international treaties.
Company grants to you a personal, revocable, non-exclusive,
non-transferable right to access and use the Website and one copy
of selected materials that is made available to you (including
without limitation games, video-clips, screensavers and
wallpapers), for non-commercial use only, in accordance with these
Terms and provided that you maintain all copyright and other
Intellectual Property Rights proprietary notices contained in the
Material. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING,
POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER
MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. You agree not
to use the Material for any unlawful purposes and not to violate
Company's rights or the rights of others. You are advised that
Company will aggressively enforce its rights to the fullest extent
of the law. Company may add, change, discontinue, remove or suspend
any of the Material at any time, without notice and without
liability.
Postings
You hereby grant to Company a royalty free, perpetual license to
use or treat any content that you post or submit to this Website
(including, without limitation, any artwork, comments, video or
audio material, postings or written content) ("Postings")
throughout the world in any media as Company in its sole discretion
sees fit. You represent that any Postings are original to you and
do not infringe upon, misappropriate or violate the rights of any
third parties, including, without limitation, any intellectual
property rights, rights of publicity or privacy or any other
proprietary rights. You agree to execute any documents and take all
steps that Company determines are necessary to effect the
intentions of these Terms. You agree and understand that Company is
not obligated to use any Postings you make to Company through the
Website or otherwise and you have no right to compel such use.
Submissions Policy
Company does not accept unsolicited submissions or treatments for
motion pictures, television programs, web sites or other products
or services ("Submissions"). It is the intent of this policy to
avoid the possibility of future misunderstandings when projects
developed by or on behalf of Company's staff might seem to others
to be similar to their own creative ideas or materials. You must
not make any such unsolicited Submissions to Company through this
Website or otherwise.
In the event that you do post Submissions via this Website, you
acknowledge that, with respect to any claim you may have relating
to or arising out of Company's actual or alleged exploitation or
use of any Submissions, the damage, if any, thereby caused will not
be irreparable or otherwise sufficient to entitle you to injunctive
or other equitable relief or to in any way enjoin the production,
distribution, exhibition or other exploitation of any production
based on or allegedly based on the Submission, and your rights and
remedies in any such event shall be strictly limited to the right
to recover damages, if any, in an action at law.
User Forums
Forums, bulletin boards, chat rooms or other interactive areas
that may be offered on the Website ("User Forums") are provided to
give users a forum to express their opinions and share their ideas
and information. Company does not monitor, endorse and is not
responsible for the content of these messages or the views or
opinions expressed by the users of the User Forums. Company
reserves the right, but is not obligated, to delete, move or edit
content, in whole or in part, submitted by you to the Website for
any reason in Company's sole discretion.
Restrictions on Use
You may use this Website strictly for personal, non-commercial
purposes only. It is forbidden to make any use of this Website
which is intended to promote and/or generate any revenue for you,
your business, any third party or the business of any third
party.
You agree not to do any of the following while using the Website,
including any User Forum:
1. harass, stalk or otherwise abuse another
user;
2. transmit, post, send, upload, distribute,
submit or otherwise make available any content that is false,
harmful, threatening, abusive, tortious, defamatory, libellous,
disparaging (including disparaging of Company), vulgar, obscene,
pornographic or that promotes violence, racial hatred, terrorism or
illegal acts, or is otherwise objectionable (as determined by
Company in its sole discretion);
3. transmit, post, send, upload, distribute,
submit or otherwise make available any content that is unlawful or
infringes, violates or misappropriates any patent, trademark, trade
identity right, trade secret, publicity right, privacy right,
copyright or any other intellectual property or any other rights of
any third party;
4. transmit, post, send, upload, distribute,
submit or otherwise make available any viruses, Trojan horses or
other harmful, disruptive or destructive files or material that may
interrupt, destroy or limit the functionality of any computer
software, hardware or telecommunications materials or equipment or
this Website or that interferes with any third party's
uninterrupted use and enjoyment of the Website;
5. impersonate any person or entity, or
otherwise disguise the origin of any content transmitted through
the Website or to Company, including forging any TCP/IP packet
header or any part of the header information in any transmission to
the Website for any reason;
6. transmit, post, send, upload, distribute,
submit or otherwise make available through the Website any personal
advertising, junk mail, spam, chain letters, pyramid schemes or
offer for sale of any products or services, except in areas, if
any, specifically designated for such purposes;
7. violate any applicable local, national or
international law, rule or regulation; or
8. collect, store and/or identify private or
personal information of any user.
We reserve the right to co-operate with any law enforcement authority in any jurisdiction and disclose the identity and other information regarding any individual posting information or materials on this Website which breach any applicable laws.
DISCLAIMER
THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED
ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW
OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT
LIMITATION AND TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED
WARRANTIES.
Company and its parents, affiliates, subsidiaries, licensors and
assigns make no representation or warranty whatsoever regarding the
completeness, accuracy, currency or adequacy of any information,
facts, views, opinions, statements or recommendations contained on
this Website and/or the Material. Reference to any product,
process, publication or service of any third party by trade name,
domain name, trademark, service mark, logo, manufacturer or
otherwise does not constitute or imply its endorsement or
recommendation by Company and its parents, affiliates,
subsidiaries, licensors and assigns. Views and opinions of users of
this Website do not necessarily state or reflect those of Company
and its parents, affiliates, subsidiaries, licensors and assigns.
Users are responsible for seeking the advice of professionals, as
appropriate, regarding the information, opinions, advice or content
available on this Website.
The Internet may be subject to breaches of security. Company and
its parents, affiliates, subsidiaries, licensors and assigns are
not responsible for any resulting damage to any user's computer
from any such security breach, or from any virus, bugs, tampering,
unauthorized intervention, fraud, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer line
failure or any other technical or other malfunction. You should
also be aware that email submissions over the Internet may not be
secure, and you should consider this before e-mailing Company any
information. Company and its parents, affiliates, subsidiaries,
licensors and assigns make no representation or warranty whatsoever
regarding the suitability, functionality, availability or operation
of this Website. This Website may be temporarily unavailable due to
maintenance or malfunction of computer equipment.
EXCLUSION OF LIABILITY
YOU AGREE THAT TO THE EXTENT PERMITTED BY LAW COMPANY AND ITS
PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH
OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS
(COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR
DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS
WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS
IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE
OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE,
THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR
ITS RELATED INFORMATION OR PROGRAMS.
INDEMNITY
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND
ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND
DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED
CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES,
LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING,
WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR
RELATING TO ANY BREACH BY YOU OF THESE TERMS OR USE OF THIS WEBSITE
BY YOU, UNDER YOUR MEMBERSHIP OR VIA ANY HARDWARE OWNED OR
CONTROLLED BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY
REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE
RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND
CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU,
AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE
WRITTEN CONSENT OF COMPANY.
Linking Policy
You may link to this Website from another webpage only in
accordance with the following rules: Links must be to the home page
of this Website and in plain text, unless otherwise approved in
writing by an authorized representative of Company. Such link (in
the opinion of Company) must not actually or potentially damage,
dilute or tarnish the goodwill associated with Company or any of
its business names, brands or intellectual property, or create the
impression that your website and/or organization is sponsored,
endorsed by, affiliated and/or associated with Company. You may not
"frame" this Website or alter its intellectual property or Material
in any other way. You may not link to the Website from a site that
is unlawful, abusive, indecent or obscene, that promotes violence
or illegal acts, that contains expressions of racism, that is
libellous, defamatory, scandalous, or inflammatory or is otherwise
deemed inappropriate, as determined by Company in its sole
discretion. Company reserves the right, in its sole discretion, to
terminate a link with any website for any reason and at any
time.
Company is not responsible for the content or performance of any
portion of the Internet including other World Wide Websites to
which this Website may be linked or from which this Website may be
accessed. Users are requested to inform Company of any errors or
inappropriate material found on Websites to which this Website is
or may be linked.
Promotions
This Website may contain competitions and/or promotions that are
governed by a separate set of rules. It is your responsibility to
read such rules to determine whether or not you want to and are
eligible to participate, register and/or enter such competition or
promotion. By entering any such competitions or promotions, you
agree to comply with and abide by such rules and the decisions of
any sponsor(s) identified therein, which shall be final and binding
in all respects.
Information about you
Certain areas of the Website may require registration or may
otherwise ask you to provide information to participate in certain
features or to access certain content. The Website's practices
governing your personal information are disclosed in its Privacy
Policy. The decision to provide this information is purely
voluntarily and optional; however, if you elect not to provide such
information, you may not be able to access certain content or
participate in certain features of the Website. When you provide
information to the Website, you agree to provide only true,
accurate, current and complete information.
Registration
If you register with the Website, you agree to accept
responsibility for all activities that occur under your account or
password, if any, and agree that you will not sell, transfer or
assign your membership or any membership rights. You are
responsible for maintaining the confidentiality of your password,
if any, and for restricting access to your computer so that others
may not access the password protected portion of the Website using
your name in whole or in part. Company reserves the right to
terminate membership and/or deny access to the Website to any
person in its sole discretion for any reason or no reason at
all.
Location
Company operates this Website in Australia. Information contained
on this Website may not be appropriate or available for use in
other locations, and access to this Website from territories where
the content of the Website may be illegal is prohibited. If you
access this Website from other locations, you do so on your own
initiative and you are solely responsible for compliance with
applicable local laws. These Terms shall be construed and enforced
in accordance with the laws of Australia. You hereby consent and
submit to the exclusive jurisdiction and venue of the courts
located in Australia for any cause of action relating to or arising
under these Terms or the Website.
Violations and Additional Policies
Company will determine your compliance with these Terms in its
sole discretion and its decision shall be final and binding. Any
violation of these Terms may result in restrictions on your access
to all or part of the Website and may be referred to law
enforcement authorities. No waiver of any of these Terms shall be
of any force or effect unless made in writing and signed by a duly
authorized officer of Company. Company reserves the right to modify
or discontinue this Website, or any portion thereof (including User
Forums) without notice to you or any third party. Upon termination
of your membership or access to the Website, or upon demand by
Company, you must destroy all materials obtained from this Website
and all related documentation and all copies and installations
thereof. You are advised that Company will aggressively enforce its
rights to the fullest extent of the law.
If any provision of these Terms is found to be invalid by any
court having competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining provisions
of these Terms, which will remain in full force and effect. The
section titles in these Terms are for your convenience only and do
not have any legal or contractual effect.
Contact Us
If you have any questions, comments or concerns about our Website
or these Terms of Use, you may contact us at Paramount Pictures
Australia Pty Limited, Level 3, 208 Clarence St, Sydney, NSW
2000. Australia or via e-mail at [ben_beard@paramount.com.au].