Legal

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The following 'documents' represent the formal statements of policy and service provision issued by nextmedia Pty Ltd, the company which provides this website for your use, and they have been reproduced here so you can access them.

All participants in the community website area are required to read these statements of policy and service provision, and to meet all restrictions and obligations mentioned in them.

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Terms of Service

The purpose of this agreement is to set out the terms and conditions on which we, nextmedia Pty Ltd CAN: 128 805 970, Level 5, 55 Chando St, St Leonards NSW 2065, offer you access to our Community. Please make sure you take the time to read and understand these terms and conditions. Together with the Privacy Policy and the Community Guidelines, these terms and conditions set out your responsibilities to us, and our responsibilities to you in relation to your use of http://publishing.nextmedia.com.au/

You may have to agree to additional conditions that may apply to access to some parts of our Community. These areas are clearly marked and by entering these parts of our Community, you agree to these additional conditions.

Certain parts of our Community contain material that is suitable for users who are over 18 years of age. These areas are clearly marked and, if you access these parts of our Community, you represent to us that you are over 18 years of age.


Registration

You may also be required to register with us in order to be able to access certain parts of our Community. If you are required to register, you must:

(a) provide us with accurate and complete registration information; and
(b) safeguard any user name and password which we give you.

For as long as you continue to use our Community, you must ensure that your registration information remains current and update it as appropriate.
You authorise us to assume that any person accessing our Community is either you or someone you have authorised to act for you.

If you provide information that is untrue, incomplete, inaccurate or incomplete, we may suspend or terminate your access to our Community.


Copyright

Content that is posted to our Community or privately transmitted via our Community pages, is the sole responsibility of the person from whom that content originated. This means that you are responsible for all content that you upload, post or otherwise transmit through our Community pages. We do not monitor or control any content posted to or transmitted via our Community pages and therefore do not make any endorsement of or representations as to the legality, accuracy or quality of the content available at our Community pages.

When you post material to our Community, you grant us a perpetual, irrevocable, royalty-free licence to use, copy, reproduce, sub-licence, re-distribute, adapt, publish, transmit, communicate, broadcast, incorporate in other works, electronic or not, publicly perform and/ or display such content in whole or in part. You also warrant that the posting of Intellectual Property that material will not infringe the rights of any third party, and you indemnify nextmedia against any such claims made against nextmedia based on any such material you have posted. You also waive in favour of us and any other party authorised by us all moral rights and any similar rights that you may have or acquire. You agree to execute and deliver to us any documents necessary to give effect to this provision.

Products and services available at our Community are governed by copyright and, possibly, other intellectual property laws. We own or are authorised to use all products and services made available at our Community.

When you access and use our Site, you agree that you do so on the following conditions:

• you may retrieve, review or download a single copy of the material at our Site for your personal information and entertainment only;
• you may save one local copy of or print one copy of material from it for your own personal information or entertainment and/ or to inform others about it, but you may not charge any fee for any such use and all commercial exploitation of any material on our Site is expressly prohibited;
• any copyright notice or mark appearing on any material which you copy or print from our Site must be included on any copy you make or download;
• you must keep all material you copy or print from our Site intact and in the same form as presented on our Site; and
• you may not modify any material taken from our Site without our express permission.
• You must not use our Community or any of the material contained at it for any purpose which is unlawful, prohibited under these terms, or which violates any of our right or the rights any other owner of any rights in the material contained in our Community.

Many of the logos, symbols and names that appear at our Community are registered trademarks or recognised business names or service marks. None of these marks, which we either own or are authorised to use, may be used by you without our prior express and written permission.

If you have any enquiries about using any of the marks or the material that appears at our Community, please contact legal@nextmedia.com.au


Advertisements

We may run advertisements and promotions through all parts of our Community. Your correspondence and dealings with advertisers or participation in promotions are solely between yourself and the advertiser or promoter. We are not liable for any loss or damage incurred as a result of such dealings or the presence of advertisements.


Suspending or Terminating your access to the Community

You may cancel your use of our Community at any time by sending an email to community@networknext.com

We may suspend or cancel your registration if you do not visit our Community for an extended period of time or if we believe that you have violated the spirit or letter any of these Community Guidelines or our Terms of Use or any applicable law, regulation or industry code of practice.

If your registration is suspended or cancelled, you will no longer be able to access any content that you have posted to our Community and we may delete such content.

If your registration is suspended or cancelled, the sections of the Terms of Use entitled "Limitation of our liability to you", "Our liability to you" and "Indemnities" will continue to apply after the termination of your registration.


Links to other sites

Parts of our Site contain hyperlinks to websites that are operated by third parties.

We are not responsible for the contents of any of these linked website or any hyperlink contained in the linked website.

The inclusion of a link to another website does not imply our endorsement of the linked website nor of the content available at the linked website. By including the link at our Site we are not making any representation in relation to the linked website or its content.

You activate a link at our Site to any other website entirely at your own risk.


Indemnities

You agree that you are entirely responsible for all content that you make available on the Community areas. Nextmedia Pty Ltd does not screen the content posted to the Community areas nor do we apply the Community Guidelines. We make no warranties in respect of nor do we guarantee the accuracy, integrity or quality of such content. You understand that by using the Community areas, you may be exposed to content that is offensive, indecent or objectionable.

Accordingly you expressly understand and agree that your use of the Community areas is at your sole risk and that these areas are provided by nextmedia Pty Ltd on an "as is" and "as available" basis.

Any content of the Community areas downloaded or otherwise obtained by you is done at your own discretion and risk and you agree that you will be solely responsible for the effects of any such content whether technical or otherwise. Unless otherwise provided for in the Terms of Use, you expressly understand and agree that nextmedia Pty Ltd is not be liable to you whatsoever for any loss or damage of whatever nature suffered by you in connection with your use of the Community areas.

You agree to indemnify and hold nextmedia Pty Ltd and any related or connected entity or individual, harmless from any claim or demand, including reasonable legal costs and expenses, made by any third party due to or arising out of your posted content, your use of the Community areas, your breach of this agreement or infringement of any rights of another nextmedia Pty Ltd user.


Jurisdiction

This agreement between you and us will be governed by the laws of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, it will be severed and will not affect the remainder of the agreement that will continue in full force and effect. All rights not expressly granted are reserved.

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Privacy Policy

The privacy of the information you provide to us at this site (your personal information) is important to us. The following privacy statement governs the collection and use of your personal information by nextmedia Publishing ("we" or "us"). We have created this privacy statement to demonstrate our firm commitment to protecting the privacy of your information.

When you use http://publishing.nextmedia.com.au/ (the Site), you consent to the collection, use and disclosure of your information as described in this privacy statement.


What information do we collect?

We collect information from you in the course of providing you with access to some of the services available at or through the Site. For example, we receive personal information from you when you:

• participate in chatrooms available at the Site and provide us with your email address, first and last names. You may also choose to provide us with your area code; and
• upload or submit any enquiry or information which you may make through or using any part of the Site and which includes a personal identifier.

We may ask for information from you in different circumstances, such as when we conduct user surveys. If we do ask you for information, we will always distinguish between the information we require for the relevant access and the information which is optional. You may choose not to supply us with information or not to use a particular service if you do not wish to supply any requested information.

Our server automatically collects additional information about your use of the Site (navigational data). Navigational data includes the type of browser you are using, your IP address, the url you have come from and the time spent at that url, cookies and your domain type and server. This kind of information is collected by many sites and used to monitor use of the relevant site.

When you use the Site, cookies will be placed on in the browser file of your harddrive to keep track of your use of the Site and password functions. Cookies do not capture or track any personal information and do not identify any information which they collect. However, you may set your computer so that cookies are not placed on your browser.


How do we use your personal information?

We use your personal information to assist us in: conducting our business, for example, to assist us in providing goods and services, providing the Site to you, or completing a sale or purchase to which the provision of that personal information relates, for example when you buy goods from the Site and we need to provide details of your address for delivery purposes.

We may also use your personal information for a purpose which is outlined at the time of collecting that personal information or which can reasonably be inferred from the circumstances in which the personal information is supplied. We may also keep and file all information you send to us.

We use your personal information and navigational data to monitor your use of the Site and improve and develop the Site and the goods and services we offer to you. We may rely on your personal information and navigational data to tailor the content we display to you according to your preferences or we may use your personal information and navigational data to contact you about goods and services in which we think you may be interested. We also collect your personal information and navigational data to use for marketing and promotional purposes.

Survey information which we receive from you will be used to assist us in understanding the demographics and interests of our users. We combine the information you provide us in response to a survey with information received by other survey respondents. We do not personally identify survey information.

We may combine your navigational data with the navigational data of other uses and use the aggregated results to monitor usage of the Site, market to sponsors and advertisers and to improve the Site and our products and services.


What about children's personal data?

We realise that much of the content of the Site and our goods and services will be attractive to and used by children. For this reason, where a person identifies themselves as under the age of 13 years, we require parental consent, prior to the disclosure of personal information about people under 13 years, to the information we collect, our use and disclosure of the personal information of a person under 13 years of age.

We use our best efforts to restrict children from posting personal information, including contact details, at the Site. We undertake not to encourage a child to disclose more personal information than is reasonably necessary when using the Site, including for entry of competitions and giveaways. Please see the Site Terms about the information we collect from users under 13 years and restrictions on their use of the Site.


Do we disclose your personal information to others?

The name which you give us and any pseudonym or nickname which you provide to us may be disclosed at parts of the Site. We may also display details of the name which you give us and your geographic area to announce details of the winners of competitions.

We may disclose your personal information and navigational data in aggregated form to potential and actual advertisers, sponsors, investors, partners, consultants and advisers. This information and data which we supply will not be identify as your personal information.

We may also disclose your personal information to a distributor to enable the delivery of goods to you.

Otherwise, we do not disclose personal information, such as your email address, unless we are required to do so by law, regulation, an applicable industry code, for safety reasons or where we reasonably believe that you are in breach of our user terms or are engaged in illegal activities.


Your rights to the personal information we hold


You may restrict our use of your personal information

• You can ask us to stop using your personal information to contact you about our products and services.
• You can ask to stop us using your personal information for direct marketing purposes when we contact you for this purpose
• You can ask us to correct the data we hold

We aim to keep your personal data accurate and error-free.

At any time, you may ask us to provide you with a list of the data we hold about you, and copies of that data. We will provide you with the data within 40 days of receiving your request.

If you believe for any reason that we are holding inaccurate data about you, you may ask us to correct it.

Your request should specify which data is inaccurate, and what corrections you want us to make. Corrections may also specify data which is incomplete, and the information which is required to update the data. We will make the corrections you ask for within 40 days of receiving your request.


You can ask us to remove the information we hold

You can ask us to remove your personal information we hold about you. We will take reasonable steps to destroy or de-identify your personal information. We will comply with your request as far as technically possible and within the limits of our accounting and legal obligations within 40 days.


Contacting us and Feedback

You can make any comments or requests to us by contacting legal@nextmedia.com.au. If you have any comments or questions about our policy, please contact us on legal@nextmedia.com.au.


Changes to this privacy statement

This privacy statement has been adopted by us to be consistent with the Privacy's Commissioner's Information Privacy Principles in the National Scheme for Fair Handling of Privacy Principles in the Private Sector.

We may change this privacy statement from time to time to comply with new laws or codes of practice which are developed.

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Community Guidelines

Our standards

We at nextmedia Pty Ltd CAN: 128 805 970, Level 5, 55 Chando St, St Leonards NSW 2065, encourage you to make the Community areas available at http://publishing.nextmedia.com.au/ enjoyable places to visit by communicating in a spirit of mutual respect and consideration.

When using our Community areas, you agree to abide by Next Publishing's Community Guidelines, which are set out below. By using our Community areas you are also agreeing to our Terms of Service and Privacy Policy. Please familiarise yourself with these guidelines which will help to ensure that the Community areas remain a safe and enjoyable place for all users.

Our Community areas are also governed by our:

(a) Terms of Service which include detailed provisions about our responsibility to you and your responsibility to us when using our service, and
(b) Our Privacy Policy which outlines when we may disclose your personal information to third parties.

These provisions apply in addition to our Community Guidelines so please take the time to familiarise yourself with them as well.


Our role

We technically operate the Community areas by providing services and products to enable you to enjoy our Community areas. We do not exercise any editorial control of our Community areas. It is therefore your responsibility to adhere to these guidelines to make our Community areas an enjoyable place for all users. You must evaluate and bear all risks associated with the use of any content, including whether to download it or rely on it in any way.

We do not pre-screen content available at our Community. However, we or a person acting on our behalf may refuse or remove any content which is sought to be made available or is made available at our Community.

We may amend these Guidelines from time to time by posting new terms at this page. Please check back to these Guidelines from time to time so that you are familiar with any amendments.


Your role

You acknowledge that the community is provided to you for your personal use for the purpose of information and entertainment only.

In accordance with these Guidelines, the following behaviour is not acceptable:

1) Swearing or any content or any use of language which is unlawful, obscene, threatening, sexual, sexist, libellous, defamatory, or invasive of another person's privacy

2) Expressions of hatred towards racial, ethnic, national, religious or other groups including those pertaining to sexual orientation

3) Discussions that encourage, promote or provide information about illegal or criminal activities (including pornography, explosives, weapons, drugs, programming viruses, computer hacking and copyright infringement)

4) Posting of addresses for Web sites that contain content that is banned from our Community area, by the Guidelines

5) Harassing or stalking other users in Community areas, either privately or in a public forum

6) Impersonating celebrities, characters, Next Publishing staff Community leaders or any other person, without their authorisation

7) Actions that would disrupt or impair the functioning, stability or security of the Community area

8) Advertisements or use of the Community areas for unauthorised commercial purposes

9) Promoting particular stocks or shares, financial services or pyramid schemes

10) Collecting and/ storing personal data about other users

11) Forging communications or otherwise disguising the origin of communications transmitted by you via our Community or allowing another person to transmit communications which falsely identify you as the originator of such communications

12) Uploading, downloading, posting, transmitting or communicating content which you do not have the right to transmit or which otherwise infringes a person's intellectual property rights in that content

When using our Community areas, you must also comply with:

(a) all applicable laws, regulations and industry codes; and
(b) any additional terms which apply to your use of a specific area of our Community.

If you do not, in our judgement, follow the spirit and/ or the letter of these Guidelines, we reserve the right to remove you from our Community area, temporarily or permanently. We also reserve the right to withdraw your registration to the Community and to take other action including legal action. For further details, please see the section below "Terminating your access to the Community" and refer to our complete Terms of Service.

If you see or receive any communication in our Community area that does not comply with our Community Guidelines, please report this by contacting us.

If you see any content that is offensive and which you reasonably believe may be classifiable under the Classification Code, you may complain about this content. If you wish to control the content that may be accessed from your computer, you may wish to use filtering software. To find out more about the procedure for complaints please visit the following website http://www.aba.gov.au. For more information about filtering software please visit the following web site http://www.iia.net

If you receive unsolicited emails because you have entered your email address and you do not want to receive such emails, you may stop your email address being visible by editing this in your profile.


For your safety

Your correspondence, dealings and any meetings with other users of our Community are solely at your own risk and we do not take any responsibility for your decision to correspond, deal or meet with another user. We recommend that you do not give out your home address to people that you meet in the Community areas and that you do not meet up with them.