In respect of each Smoothfm Website the respective managing entity is referred to as "we" or "us" below.
2 Usage rules
2.1 The content and information on the Web Site is provided for your personal, non-commercial use only.
2.2 You must use the Web Site in a responsible manner, and in compliance with all relevant laws, regulations, standards or codes.
2.3 If you are under 18 years of age, you must obtain a parent or guardian's consent before accessing or using the Web Site.
2.4 You must not:
(a) store in any electronic or other medium, publish, distribute, communicate to the public, change, modify, adapt, manipulate, reverse engineer, decompile, distort or enhance any of the content or information on the Web Site;
(b) incorporate or merge any of the content on the Web Site with any other material, including advertising or promotional material;
(c) create HTTP links from the Web Site to any other web site on the Internet;
(d) use the Web Site or any facilities available on or via the Web Site (including any chat rooms or forums) to defame, harass, threaten, menace or offend any person, or in a way which inhibits another person from using or enjoying the Web Site or those facilities;
(e) tamper with, hinder the operation of, or make unauthorised modifications to the Web Site or any content on the Web Site;
(f) knowingly transmit any virus, worm, trojan horse or other disabling feature to or via the Web Site;
(g) use the Web Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
(h) use another person's name, username, password or account on the Web Site or to access any content on the Web Site; or
(i) attempt to do, or permit another person to do, any of the above acts.
3 User Accounts
3.1 To enable you to access certain content and features on the Web Site, you may be required to establish a Web Site account.
3.2 To create a Web Site account and to obtain the full benefits of Web Site membership, you must register your details with us and log in as a member each time you visit the Web Site. When creating your account, you must provide complete, accurate and up to date information.
3.3 You must keep all of your Web Site account information, such as your username, password or other types of identifiers, secret and secure.
3.4 You agree that you are solely responsible for all activity that occurs on your Web Site account. You also agree that you will be responsible for the conduct of any person who uses your account, whether or not you have authorised that use.
3.5 You must notify us immediately of any breach of security or unauthorised access or use of your account, of which you become aware.
4 User Generated Content
4.1 When you are a Web Site account holder, you may submit various content, including videos, photographs, images and comments (collectively referred to as “User Generated Content”) to the Web Site.
4.2 You are solely responsible for your User Generated Content and the consequences of posting or publishing it.
4.3 You must not include any image of, voice of, or personal information about any other person in any User Generated Content without that person’s express consent. You warrant that if any such thing is included, you have obtained the express consent of the relevant person.
4.4 You must not submit any User Generated Content, or include in any User Generated Content any content, that contravenes any law, infringes the rights of any person (including intellectual property rights), or is illegal, obscene, indecent, inflammatory, pornographic, offensive, misleading, deceptive, or otherwise inappropriate. Without limitation, you must not include any content that involves nudity, malice, swearing or potentially defamatory material, or any material which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability.
4.5 You must not include in any User Generated Content any literary, dramatic, musical or artistic work, any video or sound recording, or any other item in which copyright subsists, unless you are entitled to do so. If you have any doubts about whether you have the right to include (for example) recorded music, you must not include it. By including any item in any User Generated Content, you warrant that you are entitled to do so.
4.7 We have no obligation to monitor, edit, delete or refuse to post any User Generated Content (although we may do so), nor are we responsible for any advice, information or comments included in any User Generated Content.
4.8 We are not liable for any technical difficulty or error that results in any User Generated Content being wholly or partly unavailable for online access, for any period of time.
4.9 You acknowledge that your User Generated Content may be made available online and if so, will be accessible to the general public. By submitting User Generate Content to the Web Site, you grant to us a perpetual, irrevocable, world-wide, royalty-free, non-exclusive licence to use, copy, distribute, adapt, display, publish, broadcast, prepare derivative works and perform your User Generated Content. You also grant us a licence to allow third parties to do these things. You also consent to us, and any other party authorised by us, doing all acts in relation to the User Generated Content that otherwise might infringe your moral rights.
5 Operation of the Web Site
5.1 We will use reasonable efforts to make sure that you can access and use the Web Site at all times. However, despite our efforts, the Web Site may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to the Web Site. We will not be responsible to you or anyone else if these things occur.
5.2 When you are using the Web Site, we may require you to re-authenticate yourself from time to time - for example, if there has been a period of inactivity on the connection between your internet browser and our servers. We will not be responsible for any information you may lose if your access to the Web Site is suspended or terminated in these circumstances.
5.3 We may receive fees or commissions (or both) from third parties in relation to some of the content, goods or services which we advertise, promote or make available on the Web Site. You acknowledge and consent to us receiving those fees and commissions.
5.4 While we have endeavoured to ensure the accuracy of the information accessed via the Web Site, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Web Site.
6 Linked Sites
6.1 The Web Site may contain links to other web sites which are not maintained or controlled by us. These links are provided by us solely for your convenience. We do not accept any responsibility for broken or redirected links.
6.2 Websites or pages to which the Web Site is linked are for information only. We have not checked the accuracy, completeness or suitability of the content of, or the goods and services available from, any linked sites.
6.3 Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. We do not review or monitor any linked sites. You must therefore make your own enquiries about the content, goods or services available from any linked site before relying on that content, or buying or using any of those goods or services. We will not be responsible for any loss or damage you suffer as a result of relying on, buying or using any content, goods or services from a linked site.
6.4 The presence of links on the Web Site should not be taken to imply that we endorse, sponsor or approve of any linked site, or any content, products or services available from that linked site, or that we are affiliated or associated with the owner or operator of any linked site.
7 Changes to the Web Site
7.1 We (or our suppliers) may change the content, information, products and services provided on the Web Site, and the prices for those things, at any time.
7.2 If you purchase any products or services from the Web Site, you will be charged the price that applies and is displayed at the time you request those products or services.
8 Our liability to you
8.2 To the maximum extent permitted by law, we and our related companies (including DMG) accept no liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing the Web Site or any content, information, products or services available on or from those Web Site.
8.3 In particular, in no event will we or our related companies (including DMG) be liable to you for any direct, incidental, special, punitive, indirect or consequential loss, including any business losses, losses of data or profits, or any other kind of loss or damage incurred in any way (including as a result of negligence) which you may suffer in connection with our supply, non-supply or defective supply of the Web Site, or any content, information, products or services available on or from the Web Site.
8.4 All Content is provided “as is”. We make no warranties or representation about any Content or information on the Web Site, either express or implied, and to the fullest extent permitted by law, we and our related companies (including DMG) exclude all warranties and representations about the currency, accuracy, suitability or reliability of any Content or information on the Web Site. We do not warrant that the Web Site is compatible with your computer equipment or that the Web Site or its server is free of errors or viruses, worms or "Trojan horses" and we are not liable for any damage you may suffer as a result of such destructive features.
8.5 Notwithstanding all of the above, if any condition or warranty cannot be limited or excluded, our liability under it will be limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services or paying the cost of such replacement or resupply.
9 Your liability to us
9.1 To minimise the costs associated with operating the Web Site, we require that you take responsibility for any harm we or our related companies suffer as a result of your use of the Web Site.
9.2 You therefore agree to indemnify, defend, and hold harmless us and our related companies (including DMG) from and against any losses, costs, claims, actions, demands or other proceedings suffered by us or brought against us or our related companies (including DMG) to the extent that such loss, cost, claim, suit, action or other proceeding suffered by us or brought against us or our related companies (including DMG) is based on or arises in connection with:
(a) your use of the Web Site or any use by another person of your Web Site account;
(b) any of your User Generated Content,
(c) any breach by you of these Term of Use;
(d) a claim that any use of the Web Site by you:
(i) infringes any intellectual property rights of any third party;
(ii) is misleading or defamatory, or otherwise results in injury or damage to any third party; or
(iii) otherwise breaches any law; or
(e) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Web Site by you.
9.3 Any attempt to deliberately damage the Web Site, or the Content or information on the Web Site, or to otherwise undermine the legitimate operation of any competitions or offers, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, we and our related companies (including DMG) reserve the right to seek damages to the fullest extent permitted by law.
10 Termination and suspension
11 Trade marks, copyright and other intellectual property
11.1 All intellectual property relating to the Web Site, including any trade marks used on the Web Site, the design of the Web Site, and all content on the Web Site (except for all User Generated Content), including (but not limited to) text, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, and other material, is owned by us, our related companies (such as DMG) or our licensors, and may be protected by copyright, trade marks and/or other proprietary rights.
11.3 Importantly, you must not use or apply any of our or DMG’s trade marks without our consent. Our trade marks include our name, our logos, our slogans and the names of our competitions.
11.4 Unless expressly stated otherwise on the Web Site, you may download the Content and information on the Web Site, including any third party User Generated Content on the Web Site, onto your personal computer, but only to the extent necessary to allow you to view that Content, information or third party User Generated Content. Otherwise, you must not reproduce, adapt, distribute or permanently store any Content or information on the Web Site in any medium or form whatsoever.
12 General matters