Website terms

This website is operated by Park Publishing (ABN 96 789 101 814).

  1. Please read these Terms and conditions (the Terms) carefully. By accessing and using this website (the Site), you indicate your acceptance of these Terms, the Privacy Policy, the Code of Conduct and any other notices, guidelines and rules published by us on this Site from time to time (each of which is incorporated into the Terms by this reference). The Privacy Policy and Code of Conduct can be accessed from links at the bottom of each webpage on the Site.
  2. If you do not accept these Terms please do not access and/or use this Site.
  3. Park Publishing (we or us) may change the Terms at any time by updating this webpage. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of the Site after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.

Use of this Site

  1. You agree to use the Site for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person's use and enjoyment of the Site and in compliance at all times with these Terms and with all laws and regulations that apply.
  2. In accessing this Site, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You agree not to conduct or forward surveys, contests, pyramid selling schemes or chain letters. You also agree not to adapt, alter or create a derivative work from any content on this Site except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on this Site for any other reason.
  3. From time to time, we may restrict access to some parts of the Site (including without limitation forums or communities) or to our entire Site to those users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Any personal information supplied to us as part of this registration process and/or or other interaction with the Site will be collected, stored and used in accordance with the Privacy Policy. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
  4. If you are under 16 , you will need to obtain your parent's or guardian's permission before using any interactive features of this Site, such as transmitting or uploading any content onto the Site. For your own protection, we recommend that you do not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address.

Intellectual Property Rights

  1. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on this Site (Materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Terms.
  2. Except as specifically permitted on the Site, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of this Site without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright Act 1968.

Contributions to the Site

  1. PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.
  2. We may now or in the future enable users to transmit and/or submit (submit) contributions (including without limitation any text, photographs, graphics, video or audio material) to this Site (Contributions).
  3. Whenever you make use of a feature that allows you to submit Contributions or to make contact with other users of the Site, you must comply with the content standards set out in the Code of Conduct. You warrant that any Contribution complies with the Code of Conduct and you indemnify us for any breach of that warranty.
  4. You remain the owner of the copyright in any original Contribution that you submit. By submitting any Contribution to any area of the Site (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such Contribution so that we and any successor may use the Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
  5. The permission you have granted to us is not exclusive and therefore you may continue to use the Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
  6. You authorise us to grant and we hereby grant to each user of the Site a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your Contributions to the Site through the Site and otherwise to use such Contributions as permitted through the functionality of the Site and in accordance with these Terms.
  7. You shall be solely responsible for your Contributions and the consequences of submitting them to the Site. You warrant and represent that:
  8. the Contribution is your own original work and you own the entire right, title and interest in and to the Contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such Contribution to enable us to use the Contribution in the manner contemplated by these Terms;
  9. nothing in the Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any applicable law or regulation;
  10. you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your Contribution or in connection with your use of the Site, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm or enterprise to do so;
  11. the Contribution does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
  12. you shall not forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
  13. you shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, duplicative or unsolicited messages or so-called "spamming" and "phishing"; and
  14. we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any Contribution.
  15. You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any Contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
  16. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these Terms.
  17. All Contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any applicable law or regulation.

Removal of Materials

  1. We are entitled at our option, but are not obliged to (a) actively review Contributions to the Site; and/or (b) remove any Contributions submitted to the Site by you or any other user if, in our opinion, such Contributions do not comply with these Terms.
  2. We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any Contribution on the Site; (b) to remove or suspend or disable access to any Contributions; (c) to revoke your registration (where applicable) and right to access and/or use the Site or submit any Contributions; and (d) to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
  3. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Contribution or Material infringes your copyright, please follow the procedure detailed here.

Reliance on Information on this Site

  1. Information published on this Site is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and disclaim all liability and responsibility arising from any reliance placed on any content on this Site by any visitor to this Site or by anyone who may be informed of any of its contents.
  2. You acknowledge that when using the Site you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Materials. We do not endorse any Contributions or any opinion, recommendation or advice expressed in any Contribution and we disclaim any and all liability in connection with such Contributions or other material.
  3. We aim to update the Site regularly and may change the content at any time. We may suspend access to the Site, or close it indefinitely at any time at our sole discretion. The Materials may be out of date at any given time and we are under no obligation to update them.

Warranties and Disclaimer

  1. The Site is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with the Site and your use of the Site (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
  2. We do not warrant that the functions contained in any Materials on this Site will be uninterrupted or error free, that defects will be corrected or that this Site or the server that makes it available are free of viruses or bugs.

Limitation of Liability

  1. We accept no liability in respect of any Contributions submitted by any of our users. Your use of the Site, the Materials and/or any Contributions is entirely at your own risk.
  2. To the fullest extent permitted by law, we, ACP Magazines Limited, BBC Worldwide Australia Publishing Pty Ltd, its affiliates and other third parties connected to us and to those companies hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of the Site, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
  3. This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.
  4. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.

Indemnity

  1. You agree to indemnify us and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Site other than in accordance with these Terms or any applicable law or regulation.

Viruses, hacking and other offences

  1. You must not misuse the Site by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to the Site, the server on which it is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service, distributed denial-of service or other type of attack.
  2. We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, your downloading of any Materials on the Site or on any materials on any other website linked to it.

Links to and from the Site

Linking from the Site

  1. We have no control over the content or availability of third party sites that you may access through this Site and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
  2. We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.

Linking to the Site

  1. You may link to the Site home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to this Site do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
  2. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page unless you have our prior written consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Code of Conduct.

Advertising and Sponsorship

  1. Parts of or the entire Site may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on the Site comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.

Software

  1. From time to time certain software which is our protected work or the protected work of our suppliers may be made available to download from this Site. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.

Privacy

  1. We take your privacy very seriously. Any personal information supplied by you as part of any registration process and/or other interaction with the Site will be collected, stored and used in accordance with the Privacy Policy. By using this Site you consent to such collection and processing and you warrant that all data provided by you is accurate.

RSS Feeds

  1. If there are any Widgets and/or RSS feeds on this Site, please see our Widgets and RSS Terms & Conditions for more details.

Order of Precedence

  1. If there is any conflict between these Terms and any specific terms appearing elsewhere on the Site relating to specific material (including the Code of Conduct), then the latter shall prevail.

Severability

  1. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Jurisdiction

  1. The Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

Disputes

  1. Any disputes arising from or related to the Site shall be subject to the jurisdiction of the courts of England and New South Wales, Australia.