Terms and ConditionsBy Administrator | Monday, 06 December 2010 21:49
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on AVHub Website form the conditions of supply of material on, use of and access to AVHub Website. Your continued use of the AVHub Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of AVHub Website.
From time to time, AVHub Website or affiliates may run competitions, prize draws and promotions on AVHub Website. These will be subject to additional terms and conditions, which will be made known to you at the time.
All terms and conditions that govern your use of AVHub Website (including disclaimers) may only be amended in writing signed by an authorised officer of AVHub Website and AVHub Website may amend them from time to time.
Accuracy of information and disclaimer of warranties
All material on AVHub Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of AVHub Website is at your sole risk. Access to AVHub Website is provided on an 'as available' basis. Neither AVHub Website its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on AVHub Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to AVHub Website will be uninterrupted, timely or secure. AVHub Website will not be liable for loss resulting from any action or decision by you in reliance on the information on AVHub Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
General information only - non advisory
The material on AVHub Website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
The material provided on AVHub Website is copyright protected. You may use this material for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of AVHub Website or the appropriate supplier or licensor of AVHub Website.
You may not use any part of the material on an AVHub Website site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
The AVHub Website logo, the logos of the AVHub Website sites and the magazine mastheads on the AVHub Website sites are registered trademarks of AVHub Website or its related bodies corporate. Other trademarks may be displayed on AVHub Website from time to time. These may belong to third parties. Nothing displayed on AVHub Website should be construed as granting any licence or right of use of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant owner.
As a condition of your use of AVHub Website or any services on AVHub Website, you warrant to AVHub Website that you will not use AVHub Website for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere on AVHub Website. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
* Use AVHub Website to defame, abuse, harass, stalk, threaten or otherwise offend others; publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate; use any automated scripting tools or software;
* engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via AVHub Website;
* impersonate any person or entity;
* upload, post, e-mail, transmit or otherwise make available using AVHub Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; breach any applicable laws or regulations.
* AVHub Website has no obligation to monitor any user's use of AVHub Website Corporate website , however AVHub Website retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify AVHub Website if AVHub Website or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on AVHub Website.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on AVHub Website from time to time. These websites do not form part of AVHub Website and are not under the control of AVHub Website or its related bodies corporate and neither AVHub Website nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave AVHub Website and do so entirely at your own risk.
AVHub Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by AVHub Website or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
If you contact a third party using functionality provided on AVHub Website, including via e-mail, AVHub Website accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Limitation of liability
AVHub Website and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise AVHub Website and its related bodies corporate exclude all conditions and warranties that may be implied by law. To the extent permitted by law, AVHub Website's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at AVHub Website's option, to:
in the case of services supplied or offered by AVHub Website:
* the re-supply of those services; or
* the payment of the cost of having those services re-supplied; and
* in the case of goods supplied or offered by AVHub Website
* the replacement of the goods or the supply of equivalent goods;
* the repair of the goods;
* the payment of the cost of having the goods replaced; or
* the payment of the cost of having the goods repaired.
You expressly agree and understand that in no circumstances will AVHub Website or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by AVHub Website or its related bodies corporate) which result from
(i) the use of or access to or any inability to use or access AVHub Website or any material on AVHub Website;
(ii) unauthorised access to or alterations of your transmissions or data; or
(iii) statements or conduct of any third party on AVHub Website. Excluding liability for negligence the maximum liability of AVHub Website and its related bodies corporate is equivalent to the total of any amounts you have paid to AVHub Website and its related bodies corporate in respect of goods or services supplied to you by AVHub Website or its related bodies corporate through AVHub Website.
By visiting the AVHub website you acknowledge that you use the service at your own risk.
nexmedia Pty Ltd, AVHub magazine, its affiliate and third party service providers expressly disclaaim any and all warranties, both express and implied, including but not limitied to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation whether oral, in writing, electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service, service provider, affiliates, and third party service providers do not represent or warrant that access to the service will be uninterupted or that there will be no failures, errors or ommision or loss of transmitted information, or that no viruses will be transmitted on the service.
nexmedia Pty Ltd, AVHub magazine, its affiliate and third party service providers shall not be liable for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement,the providing of services hereunder, the sale or purchase of any goods or merchandise, your access to orinability to access the service, including for viruses alleged to have been obtained from the service, your use or reliance on the service or any of the merchandise, information or materials available on the service regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
You hereby agree to release nextmedia Pty Ltd, AVHub magazine, its affiliatates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected arising out of or in any way connected with your use of this site.