Terms and Conditions of Use ADBMAG.COM.AU
ADBMAG.COM.AU is operated by EMAP Pty Ltd ACN 079 430 023 (“EMAP”). Your use of these Sites is subject to the following Terms of Use, which you are deemed to accept by using the Sites:
1. Using the Australasian Dirt Bike Magazine Website
You agree not to use the Australasian Dirt Bike Magazine website to:
(a) Store, send, or distribute material which is obscene, lewd, excessively violent, unsolicited, pornographic, harassing, sexually explicit, racist, menacing, including material which may cause annoyance or needless anxiety or otherwise objectionable subject matter;
(b) Breach any laws, codes, standards, and content requirements of any relevant authority;
(c) Obtain unauthorised access to any information, network or systems;
(d) Compromise the security or integrity of any network or system including any part of EMAP’s network;
(e) Place any viruses or other similar programs onto the website;
(f) Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) Promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(h) Involves the transmission of “junk mail”, or “chain letters”, or unsolicited mass mailing, instant messaging or “spamming”.
(i) Furthers or promotes criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy.
(j) Involves commercial activities and/or sales without EMAP’s prior consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(k) Includes a photograph of another person that you have posted without that person’s consent.
2. Content Rights
The copyright and all other rights in the material on this website are owned by EMAP Australia Pty Ltd or are included with the permission of the owner of the rights. We grant all users permission to download a single copy of the material on this website on a single computer for your own private viewing purposes only. You cannot copy, reproduce, broadcast, email, display any material from this website for commercial or business purposes any of the items on the website subject to copyright, without our explicit permission or if allowed under the Copyright Act 1968 (Cth) or relevant legislation. Any adaptation, deletion or any other form of alteration or manipulation of any of the information is an unauthorised use of the information. If you have any queries as to your intended use of the information, please contact adb.mag@emap.com.au
User submitted Content
Any content posted on the Australasian Dirt Bike Magazine website (including but not limited to text, images and audio) will become the sole property of EMAP and we shall have the right to use that content and make it available to the public on the Australasian Dirt Bike Magazine website and any affiliated media, including but not limited to other Australasian Dirt Bike Magazine and EMAP sites. All material must comply with this Agreement.
As a visitor to these Sites, you may download a single copy of the material for your own private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent.
In addition, you may not include a link to our Sites or display the contents of our Sites surrounded or framed or otherwise surrounded by material not originating from us without our consent.
By submitting material to these Sites, you warrant that you own the copyright or that you have the permission of the owner, and have the permission of the subjects in the pictures. You acknowledge that we are not under any obligation whatsoever to use any of the material.
Notwithstanding the foregoing, you hereby grant to us a perpetual, royalty-free, irrevocable, world-wide, non-exclusive Licence to use, amend, crop, adapt, modify and exploit any such material for any purpose which we may, at our sole discretion, see fit. You hereby waive any moral rights (or any similar, related or neighbouring rights) which you may have in or to such material.
Content Posted
1. EMAP may delete any content that in the sole judgment of EMAP violates this Agreement or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. EMAP assumes no responsibility for monitoring the EMAP services for inappropriate content or conduct. If at any time EMAP chooses, in its sole discretion, to monitor the EMAP services, EMAP nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting such content.
2. You are solely responsible for the content that you post on or through any of the EMAP services, and any material or information that you transmit to other members and for your interactions with other users. EMAP does not endorse and has no control over the content. Content is not necessarily reviewed by EMAP prior to posting and does not necessarily reflect the opinions or policies of EMAP. EMAP makes no warranties, express or implied, as to the content or to the accuracy or reliability of the content or any material or information that you transmit to other members.
3. Information and Availability. While EMAP takes every care to ensure that the information on these Sites is accurate and complete, some of it is supplied to EMAP by third parties and EMAP is unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors interruptions and delays may occur in the service at any time. Accordingly, these Sites are provided "as is" without any warranties of any kind and EMAP does not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
Competition Terms and Conditions. These rules apply to all prize promotions including free draws, prize competitions and instant win offers. Unless stated otherwise, Promoter is EMAP Australia Limited. Entrants must be over 18 and resident in either Australia or New Zealand. Employees/families/agents of Promoter/its associates are not eligible. One entry per person/per household.
NO PURCHASE IS NECESSARY.
Details of winner can be requested in writing. Prize is subject to availability/may be substituted. No cash alternative/prize is non-refundable/non-transferable. Promoter accepts no liability for lost/damaged/incomplete entries. Proof of entry is not proof of delivery.
Winner may need to sign statement of eligibility/liability/publicity release. Third party’s terms and conditions may apply. Details of entries will be kept on a database and may be used and passed to third parties to enable the processing of Competition/prize fulfilment/where entrant has consented to share this information with other companies for marketing. To the extent permitted by law, Promoter excludes all liability for any loss in connection with the Competition.
4. Links to Other Sites. On these sites you may be offered automatic links to other sites. Whilst EMAP hopes you will be interested in those other sites, you acknowledge that their owners may be independent from EMAP and EMAP does not endorse or accept any responsibility for their content. Linking to this website is only allowed if a written consent is obtained from us.
EMAP may from time to time provide a number of links to other websites. Links are provided for information only and we in no way guarantees the reputation and security of the "linked website". In addition EMAP do not endorse or is responsible for any opinions displayed in website linked to or linked from the Australasian Dirt Bike Magazine or affiliated web websites. EMAP are not liable to any party for any direct or indirect linked damages sought, including but not limited to loss of data, business interruptions, loss of profits, loss of vital computer system.
5. E-commerce. EMAP has joined up with selected third party partners to enable you to purchase relevant products and services. Transactions carried out with specified third party partners (and not with EMAP Consumer Media) will be governed by the third party’s standard terms and conditions which may be found on their sites before you transact. From time to time EMAP may team up with other selected third parties to offer you the opportunity to purchase goods from the site. Such purchases will be with the named third party (and not with EMAP Consumer Media) and will be governed by the terms and conditions notified to you at the time of purchase. EMAP cannot and do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.
6. Other Promotions. From time to time, EMAP (or selected third parties) may include competitions, promotions or other offers on these Sites. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
7. Privacy Policy. EMAP are committed to the protection of your privacy. EMAP’s aim is to provide an online environment which will ensure the information provided to us will be handled in the most secure, efficient and confidential manner as possible.
By accessing the website you accept the terms and conditions of its use, including consent to the collection and use of your personal information and our right to make amendments to this statement from time to time. EMAP encourages you to regularly review this statement to inform yourself of any amendments.
What information do EMAP collect and store?
As a visitor to the website you may be asked to submit personal details about yourself by email or online form. The information you submit or send electronically is received by our network and stored in our database.
In sending EMAP the email or completing an online form, you accept that you have granted us consent to use any personal information within our organisation for the purposes we prescribe including responding to your queries, re-publishing information on our website, and compilation of our databases and research for marketing purposes.
How do we use the information we collect from you?
The information EMAP collect is used to provide our services to you. Our website does not have information recording software such as ‘Cookies’ nor do we monitor your activity on our website.
We may use the information you provide to send you newsletters outlining news, services or events. In our newsletters we have also instructions as to how you unsubscribe from our mailing list if you no longer wish to be on it.
If you do not wish to receive any marketing material from EMAP or be entered on our mailing list, please contact adb.mag@emap.com.au
EMAP will not sell, trade or disclose any of your personal information to any third party without your consent or unless we are required by law to do so.
EMAP reserve the right to modify the information, collate, edit or track personal information in order to improve our services to you or if required by law.
Security, Quality and Accuracy of information
EMAP endeavour to keep your personal information up to date and accurate, however you must let us know if there are any details which you may have accidentally recorded incorrectly in an email or online form. We will endeavour to correct your personal information within 3 business days of receiving a written request from you.
Whilst EMAP will take all due care in protecting the security, confidentiality and privacy of the information submitted by you, we cannot guarantee that our systems will be completely free from third party interception or damage to information transmitted by email which is caused by viruses.
Some or all of the services provided to you may be provided through our appointed third parties. Your personal information may be securely stored by our third party IT provider, and accessed only for the purposes of IT administration and security.
Use of Your Information Outside Australia
As part of your agreement with EMAP, we may need to transfer some of your personal information to one of our international affiliates. We will use reasonable endeavours to ensure that the recipient jurisdiction has in place a regime, which complies with the legal requirements of that jurisdiction.
8. Trade Marks. "AUSTRALASIAN DIRT BIKE MAGAZINE", "ADBMAG.COM.AU" are trade marks of EMAP or its sister companies and which may be registered in certain jurisdictions including Australia and New Zealand. All other trade marks used on these Sites are the property of their respective owners.
9. General
Indemnity
You agree to indemnify and hold Australasian Dirt Bike Magazine, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor's fees, made by any third party due to or arising out of your use of the EMAP Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Australasian Dirt Bike Magazine website or through the EMAP Services causes Australasian Dirt Bike Magazine or EMAP to be liable to another including but not limited to defamation, contempt and breach of privacy.
Severability:
If any part of this agreement is found to be invalid or of no force or effect under any applicable laws, executive orders or regulations of any government authority having jurisdiction, this agreement shall be construed as though such part had not been inserted herein and the remainder of this agreement shall retain its full force and effect.
Whole Agreement and Variation:
These terms and conditions represent the entire agreement between the Subject and EMAP. Except as referred to in these terms and conditions, no other terms are to be implied which would have the effect of diminishing these terms and conditions unless required by law.
These terms and conditions may be varied at the sole discretion of EMAP. By continuing to use the website you will be deemed to accept such variation.
Complaints and Queries
If you object to the publication of any material placed on the website or online forms please let us know by sending an email to adb.mag@emap.com.au and we will take the appropriate action.
From time to time, our Sites may publish articles or features, which some site visitors may find offensive. EMAP does not intend to offend and suggests that site visitors who find the tone or content of the sites offensive, no longer visit the sites. No responsibility is taken for any offence caused.
Nothing in these Terms of Use shall restrict or exclude any liability that EMAP has to any party. New South Wales law shall govern these Terms of Use and these courts shall have exclusive jurisdiction over any disputes arising in relation with these Sites.
COMPETITION TERMS AND CONDITIONS:
These rules apply to all prize promotions including free draws; prize competitions and instant win offers.
GENERAL TERMS AND CONDITIONS:
1. Information on 'how to enter' and prizes form part of conditions of entry. Participants can enter via the website www.ADBMAG.COM.AU unless otherwise stated. Entrants will be required to provide a 15/25 words or less answer to a question (as listed on the main competition page) unless otherwise stated and provide their own name, address, postcode and telephone number. Incomplete entries will be deemed invalid. Only one entry per person per day will be permitted.
2. Entry is open to residents of Australia and New Zealand unless otherwise stated, except employees and immediate families of the promoter, associated companies and agencies.
3. Total prize values are RRP only.
4. The judges' decision in relation to any aspect of the competition is final and binding on each person who enters. This is a game of skill and chance plays no part in determining the winner. No correspondence will be entered into.
5. Winners details will be published on the Australasian Dirt Bike Magazine [www.ADBMAG.COM.AU].
6 If for any reason this promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, the promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process.
7. Prize values are the recommended retail value as provided by the supplier and are correct at time of printing. All prize values are in Australian dollars. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the promoter.
8. All entries become the property of the promoter.
SMS VOTING
1. To vote, Participants may send a vote via SMS containing the required information as outlined in these terms and conditions.
2. Telecommunication charges apply and SMS Voting costs 55c (AUD) including GST per msg. |
