Terms and conditions of www.vcpa.com.au and all relevant subdomains
1. Your acceptance of the Terms and Conditions
(a) Welcome to the Victorian Country Press Association website (“Website”). The Website is owned and operated by Victorian Country Press Association (“the Company”, “we” or “us”).
(b) The following terms form the Terms and Conditions for use of the Website and the terms of your relationship with us. These Terms and Conditions apply to your use of the Website.
(c) Please carefully read these Terms and Conditions before you use the Website. In using the Website, you agree to be bound by these Terms and Conditions, and any other company policies.
(d) If you do not accept these Terms and Conditions and agree to comply with the privacy policy and all other policies, you must not continue to use the Website.
(e) These Terms and Conditions and the privacy policy and all other policies apply whenever you access the Website, regardless of how you access the Website, including but not limited to access by way of the internet, tablets, smart phones, mobile phones and RSS feeds.
(f) We may revise these Terms and Conditions from time to time by updating this document. The revised Terms and Conditions will take effect when they are posted.
2. Website Intellectual Property
(a) You acknowledge that the material included in the Website is the subject of copyright and that it is the subject of other intellectual property and legal rights.
(b) Unless expressly stated otherwise, all intellectual property other than User Content in relation to the Website and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts, sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to The Company or its licensors, advertisers, associated or related entites or affiliates.
(c) The Company retains all right, title and interest in and to the Website and all related content developed for the Website. Nothing you do on or in relation to the Website, or any of the related content will transfer any intellectual property rights to you, or license to you any intellectual property rights in and to the Website, unless expressly stated.
(d) Except where otherwise stated, all registered trade marks used on this Website have been used with the permission of the relevant trade mark owner. You must not use any trade marks without the prior, specific, written permission of its owner.
(e) You agree not to do anything which interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.
(f) You may download and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
(g) You may reprint or electronically reproduce Website Content for personal non-commercial use provided that you do not modify the Website Content in any way (including any copyright notice).
(h) Except as permitted by these Terms and Conditions, permission to reprint or electronically reproduce content from the Website, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communciation methods available on the Website if you wish to obtain such consent.
(i) We respect the intellectual property rights of others. If you believe that content appearing on the Website violates your rights, or you have not been properly credited or there has been an oversight by us please contact us atadmin@vcpa.com.au
3. No Liability
(a) You release us from any liability arising as a result of your reliance on any content contributed by another user on the Website.
(b) In no event will the Company, its related bodies corporate and any of their respective directors, officers, employees or agents be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss, personal injury or damages or any loss or damages whatsoever, arising out of or in connection with:
(i) the use or access or any ability to use or access the Website or its contents;
(ii) the information on the Website being inaccurate, incomplete or misleading;
(iii) a failure or omission on the part of the Company to comply with its obligations under these Terms and Conditions.
(c) The Company is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or any third party website. You must take your own precautions to ensure that whatever you select for your use from the Website or any third party website free of viruses or any other thing that may interfere with or damage the operations of your computer systems.
4. Third party content and links
(a) This Website may contain links to third party websites including Facebook and Twitter. These third party websites are not under the control of the Company and we are not responsible or liable for the contents, accuracy, legality, suitability or reliability that third party website or any hyperlink contained in that third party website.
(b) When you access a third party website, you do so at your own risk and acknowledge that your use of the third party websites may be governed by separate terms and conditions and privacy policies.
(c) The Company accepts no liability for any loss incurred by you directly or indirectly as a result of your reliance on information on third party website and accepts no liability and disclaims all warranties, express or implied, regarding the use of goods or services provided through any third party website
5. Website Use and Conduct
(a) You must not and you must not permit another person to, without our prior written permission, exploit the Website or content created by the Company and posted on the Website (“Website Content”) for any other purpose or by any other means including, without limitation:
(i) store, publish, distribute, communicate to the public, adapt, reverse engineer or decompile any of the Website Content;
(ii) create HTTP links from the Website to any other website on the internet, or frame or mirror the Website;
(iii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of the Website Content;
(iv) delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
(v) tamper with, hinder the operation of, or make unauthorised modifications to the Website or Website Content;
(vi) transmit any virus, worm, Trojan horse or other disabling feature to or via the Website; or
(vii) interfere with the computer systems which support the Website, overload a service, engage in a denial-of-service attack, or attempt to disable a host.
(b) You agree that you will not and you will not permit another person to:
(viii) use the Website, or any facilities available on the Website, to defame, stalk, harass, threaten, menace or offend any person;
(ix) use another person’s Social Media Account to access any content on the Website;
(x) access or attempt to access information resources you are not authorized to use;
(xi) collect or store personal data about other users of the Website; or
(xii) impersonate or falsely represent your association with any person or organisation.
6. Disclaimer
(a) The Company, its affiliates or any of their respective directors, officers, employees or agents makes no representation or warranty as to the accuracy, legality, suitability or reliability of the information contained as part of the Website Content and none of them accept any responsibility arising in any way (including negligently) for errors in, or omissions from, the information contained as part of the Website Content or your reliance on such information.
7. No Warranties
(a) The Company does not warrant that the Website, or functions contained on the Website will be uninterrupted or error free, or that defects will be corrected or that the Website or the hosting server are free of viruses or bugs.
(b) The Company is not responsible for any problems or technical malfunctions of any telephone network, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website or any combination thereof.
(c) You acknowledge that use of the Website is at your sole risk.
8. Indemnity
(a) You agree to fully indemnify and hold harmless the Company and its related entities, including its officers, directors, employees, agents, subcontractors, and licensors from and against any and all claims, actions, demands, liabilities, payments, settlements, costs, loss (including consequential loss) or damage including legal and accounting fees arising in connection with:
(i) your activities on or use of the Website , or resulting from or alleged to result from, your activities on or use of the Website
(ii) any misrepresentation, failure, negligence by you and/or as a result of any breach by you of these Terms and Conditions, in particular, Clause 3 and Clause 4;
(iii) a breach of your representations and warranties under these Terms and Conditions;
(iv) a violation by you of any of these Terms and Conditions;
(v) any dealings or complaints made against you by other parties.
9. General
(a) These Terms and Conditions shall be construed and applied in accordance with the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the Victorian Courts, to determine any matter or dispute which arises under these terms and conditions in accordance with the laws of Victoria, Australia.
(b) These Terms and Conditions and the policies referred to herein constitute the entire agreement between us and you in relation to the Website and your use of the Website supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
(c) The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration on the Website.
(d) If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
(e) If we do not take any steps in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to that breach, and in respect of subsequent or similar breaches