Terms and Conditions

(Edition 1)

Some Definitions and Background

"Application" means an application by a person to subscribe for access to the Site;

"Content" means the content on the Site published from time to time including audio, video and print materials and each component thereof;

"Mainstream Media" means radio, television and print media;

"The Media Game", "Us", "We" and similar expressions means The Media Game Pty Limited ACN ;

"Site" means the website www.mediagame.com.au.

The Site is owned, managed and updated by The Media Game.

Access to the Site

Access to the Site is via an accepted Application only. We reserve the right in our absolute discretion to reject an Application or cancel a previously accepted Application.

Agreement

By lodging your Application and whenever you log on to the Site, you agree to be bound by these Terms and Conditions including:-

that in relation to the Content, we, either alone or with others, own the copyright (to the full extent permitted by the Copyright Act), the format and knowhow;

neither you nor any related body corporate nor related entity (as defined in the Corporations Law) will sell or pass on to any third party the whole or any part of the Content without first receiving our written permission;

you will receive email alerts to stories relevant to you.

Payment

Usually, access to the Content is free of charge. However, in some circumstances, we or third party providers of Content may require payment and in that event we will use our best endeavours to notify you of that fact before you access the Content. However, acceptance of the Content is subject to:-

payment in full of any invoice rendered to us;

payment in full of any fees due to us if previously published on the Site;

where payment is due and payable, such payment must be made within 7 days of invoice.

Variation of Terms and Conditions

These Terms and Conditions can be varied by us from time to time. Variations will be numbered as edition 2 or 3 and so on.

Whenever you log on to the Site after the Terms and Conditions have been varied or amended, you will be deemed to have accepted the varied or amended Terms and Conditions.

Indemnity and Licence

You will indemnify us against any liability or loss arising from and any cost, charges and expenses (including all legal fees and expenses we must pay) incurred in connection with anything contained or omitted in any text, any breach of law by you or your text, failure to transmit or errors or failures in transmission of text. This indemnity continues after this agreement ends or is terminated. It is not necessary for us to incur expense or make a payment before we enforce this right of indemnity.

If you are a provider of Content to us, you agree that we may distribute your Content to Mainstream Media outlets and in that context you hereby authorise and license us and each recipient to publish and otherwise use your content.

Disclaimers

The Content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the material or about the results to be obtained from using the Site and/or the Content. The use of the Site and the Content is at your own risk. Changes are made periodically to the Site and maybe made at any time.

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

We do not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users on the Site or in the Content nor do we endorse any opinions expressed by users. You acknowledge that any reliance on material posted by others will be at your own risk. YOU MUST CHECK ALL FACTS AND CONTENT BEFORE USING OR PUBLISHING THE CONTENT PROVIDED ON THIS SITE.

The Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the Contents of such third party websites. We are not responsible for the Content of linked third party sites and do not make any representations regarding the Content or accuracy of materials on such third party websites.

Proper Law of the Contract

These Terms and Conditions are to be governed by and construed according to the law of the State of New South Wales, Australia.