Terms

DEFINITIONS

Agreement means this document which set out the rights and obligations of You and TheFootnotes as varied from time to time.

The Footnotes Platform means The Footnotes responsive website www.thefootnotes.com.au, and display of advertising and The Footnotes content on the The Footnotes inventory.

The Footnotes/Us/We means TheFootnotes Pty Ltd and its related bodies corporate.

Personal Information has the same meaning as provided under section 6 of the Privacy Act 1988 (Cth)

Sponsor means a third party that The Footnotes collaborates with in response to operating and promoting The Footnotes platform.

Submitted Content means anything which you submit, whether written, photographic or otherwise, as a User or through The Footnotes Platform.

User/You/Your means a person that completes the User Registration Form on the The Footnotes Platform.

User Registration Form means the form you are required to complete and submit on the The Footnotes Platform in order to become a User.

TERMS

Your access to the The Footnotes Platform is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this Agreement and anywhere else on The Footnotes Platform. You are required to acknowledge your acceptance of this Agreement in order to become a User and access exclusive content on the The Footnotes Platform.  We may immediately suspend access and/or terminate an account of any User believed to be in breach of this Agreement.

We reserve the right to change the terms of this Agreement at any time, and you should check the Agreement from time to time for that reason. We will provide notification via the The Footnotes Platform and by email of any substantial changes to this Agreement. If we amend this Agreement and you do not notify us to the contrary, your continued use of the The Footnotes Platform will constitute your acceptance of the amended Agreement terms.

Access

By becoming a User you will gain access to exclusive content on the The Footnotes Platform. We will use reasonable endeavours to ensure your access is uninterrupted and error free, however we cannot provide any guarantees that all information will be accessible at all times or on all devices. You are responsible for the costs of establishing and maintaining an internet connection to access The Footnotes Platform and any associated ancillary costs.

User Obligations

As a User, you are part of a community of people using the The Footnotes Platform. We require that all Users comply with certain standards of behaviour when using the The Footnotes Platform, uploading or downloading content or otherwise acting in your capacity as a User or related to The Footnotes Platform. The standards required of Users are set out below.

  • The Footnotes Platform is only available for your personal use and is not to be used for any business or commercial purpose. You will not use the The Footnotes Platform for the purpose of advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.
  • You must respect all Users and contributors to The Footnotes Platform and not make any remarks which are illegal, defamatory or likely to offend other Users or infringe upon any third party’s rights. We may immediately remove any content submitted by any User at any time.
  • You are solely responsible for your engagement and contributions to The Footnotes Platform. You must not knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or anything else which may compromise security of The Footnotes Platform or be harmful to other Users or The Footnotes Platform.
  • Any Submitted Content must be your own original work and not breach any other person’s rights. You warrant that you own all intellectual property in the Submitted Content and you authorise TheFootnotes Pty Ltd and the Sponsor to use the Submitted Content on The Footnotes Platform and for direct marketing purposes.
  • As a User you may be given the opportunity to participate in promotions or competitions hosted by The Footnotes or the Sponsor from time to time. These competitions will be subject to individual terms and conditions which you must accept before participating. Where a competition is run by the Sponsor or another third party, The Footnotes is in no way responsible for the competition and you will be subject to any separate terms and conditions provided for the promotion.
  • You should advise us of any changes to the information submitted in your User Registration Form. We will do our best to update these details once notified.
  • Users must not post personal information on public or accessible parts of the The Footnotes Platform such as your telephone number, addresses or other information that could be used to identify you. If you choose to do so it will be entirely at your own risk. You will be identified by your User ID when contributing to The Footnotes Platform and The Footnotes will retain all other Personal Information you provide in confidence in accordance with this Agreement.

The Footnotes’ Obligations

The Footnotes will provide the The Footnotes Platform and exclusive User content to you. The Footnotes will facilitate an online community through the The Footnotes Platform by providing content, enabling Users to contribute to the The Footnotes Platform and offering special offers and competitions. In undertaking its role The Footnotes will endeavour to:

  • Ensure all information on The Footnotes Platform provided by The Footnotes is up to date to the best of its knowledge. However, The Footnotes will not be liable for any incorrect or incomplete information displayed on The Footnotes Platform or for any comments or information posted by Users or other third parties.
  • Provide a mix of content across different categories and of both local and national relevance.
  • Store and use any information (including Personal Information) which you provide as a User in compliance with the law and the terms of this Agreement.
  • Advise you of any changes to this Agreement.

The Footnotes may remove, vary or edit, delete, reject or remove any content or article which is posted by Users or third parties. The views which are expressed on The Footnotes Platform are not The Footnotes’ views and The Footnotes accepts no liability in respect of any material posted and is not responsible for its content and accuracy.

Your Personal Information

As part of the User Application Form you may be required to provide certain information about yourself including your name, date of birth, contact details and other similar information. Where we gather any Personal Information it will be handled in accordance with Australian privacy laws and the provisions of this Agreement.

You will be provided with a password for your User account which you can change from time to time. You must keep this password secure and not allow others to access your account. You must notify us immediately of any authorised use of your account.

We may use your Personal Information, including your contact details, to provide you with information about the The Footnotes Platform or direct marketing material. We may also provide your Personal Information to our exclusive Sponsor for the purposes of providing marketing material to you. The Footnotes and the Sponsor will not sell or provide your Personal Information to any third party without your consent.

If at any time you want to know what information The Footnotes or the Sponsor hold about you or if you have any questions or concerns regarding your Personal Information, then you can contact us at the following address to request this information: hello@thefootnotes.com.au

If we or the Sponsor use your Personal Information for direct marketing purposes, we will give you the opportunity to opt out of receiving any further marketing material through an unsubscribe function in our emails or SMS. If you wish to opt out of receiving any further marketing material at any time, you can also do so by or sending a request to the above address.

If we have contracted any of our obligations under this Agreement or other tasks related to the The Footnotes Platform to a third party, we may need to disclose your Personal Information to that third party to ensure that you get the service needed. In these circumstances, we will require the third party to protect the privacy of the information that is disclosed to it. There may also be circumstances where the law requires us to disclose the information or where disclosure is required to prevent a risk of health or safety or for law enforcement purposes.

We may monitor usage, perform statistical analysis of User activity and characteristics in order to measure interest in and use of the various areas on the The Footnotes Platform and to inform ourselves and others of such information. You acknowledge that non-personal information and data may be automatically collected through the standard operation of The Footnotes’ internet servers or through the use of cookies. If you do not want information collected through the use of cookies, you should use your browser’s cookie disabling feature. You should note, however, that if cookies are disabled certain features may not be available. The use of cookies on The Footnotes Platform enables us to deliver and maintain customised options when you make return visits to the site.

We will take steps to ensure that any personally identifiable information we collect, use or disclose is accurate, complete and up-to-date and we will takes steps to protect it from misuse and loss and from unauthorised access, modification or disclosure. If you inform us that the information we hold is incorrect we will, if appropriate, amend those records.

Terminating a User Account

You may terminate your User account at any time by providing us with notice in writing. We may terminate your User account at any time including if you breach any terms of the Agreement or if we decide to cease operating the The Footnotes Platform or offering User accounts. We will provide notice to you in writing using the contact information provided in your User Registration Form in the event of a termination.

In the event the account is terminated we will remove all account information from our direct marketing system within 30 days of receiving a request. You will not be entitled to any credit or payment for any points acquired as part of your account.

Questions or Complaints

If at any time you have any complaints or questions about the The Footnotes Platform or your User account, you can contact us at hello@thefootnotes.com.au.

SMS

In addition to contacting you by email, we or our Sponsor may occasionally contact you by SMS, if you opt in to receiving communications from us in this manner in the User Application Form. Any marketing SMS will include an option to opt out by replying to the message. Standard charges apply to any SMS you send in accordance with your phone carriers service charges.

Social Media

As part of the The Footnotes Platform you may elect to connect with us through various social media channels such Facebook, Tumblr, Twitter, Instagram, Vimeo and LinkedIn. In order to connect you will be required to set up your own account with the relevant social media site and you will be subject to terms and conditions prescribed by the operators of such sites. The Footnotes is in no way associated with or endorsed by any social media channels and is not responsible for any content posted by Users or other third parties through such sites.

The Footnotes’ Content

Except where expressly stated otherwise we make no representations about the content and suitability for any purpose of the information contained on the The Footnotes Platform. It is provided “as is” without express or implied warranty of any kind. All content, including opinions, offers, statements and advice, made available through the The Footnotes Platform are those of their respective contributors and not of The Footnotes, and should not necessarily be relied upon. The Footnotes disclaims (to the full extent allowable by law), all warranties with regard to this information, including any advertisements, including all implied warranties as to merchantability or fitness for use. We shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to the The Footnotes Platform or the use or performance of information contained in it.

Your Content

Notwithstanding our right to supervise activity on the The Footnotes Platform, we have no obligation to monitor interactivity or content uploaded on the The Footnotes Platform directly by Users in any way. By participating as a User, you grant to The Footnotes a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material you submit or upload to the The Footnotes Platform. Your licence will be by reference to the material placed by you on the The Footnotes Platform. You expressly waive in favour of The Footnotes and any other party authorised by The Footnotes all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire. The Footnotes retains the right and discretion (but not the obligation) to edit, delete, reject or remove any content or article or terminate which you post or seek to post on The Footnotes Platform. You consent to The Footnotes collecting and storing your IP address for security purposes.

You will not submit any material to the The Footnotes Platform that:

  • is unoriginal, or in which you don’t own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person;
  • is (or could reasonably be expected to be) obscene, offensive, pornographic, vulgar, profane, indecent or unlawful;
  • is (or could reasonably be expected to be) defamatory of any person;
  • is racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; or
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.

Indemnity

We accept no responsibility for your use of the The Footnotes Platform, contributions made by you to the The Footnotes Platform or the actions of other Users, and you agree to indemnify and hold harmless The Footnotes and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against The Footnotes by any person arising from or in consequence of your use of the The Footnotes Platform, and from and against any damage, loss, cost or expense suffered or incurred by The Footnotes as a direct or indirect consequence thereof.

Copyright

The content provided on the The Footnotes Platform by us (whether produced by a third party, the Sponsor, Users or otherwise) may include copyright material. All content and other information, text, images, graphics, software, applications and advertisements contained on the The Footnotes Platform are protected by International and Australian copyright law, and all rights are reserved. Except where expressly stated otherwise all material on the The Footnotes Platform is presented for your information and entertainment only, and you are not permitted to download any material except when reasonably necessary to access the The Footnotes Platforms or to participate as a User. When you access a The Footnotes Platform, you agree that you do so on the following conditions:

a) Except as noted above, you may retrieve, review or download the material for your personal information and entertainment only.

b) You may save a local copy of or print material from it for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for any use and all commercial exploitation of any material on the The Footnotes Platform is expressly prohibited.

c) Any copyright notice or mark appearing on any material on the The Footnotes Platforms must be included on any copy you make.

d) You must keep all material intact and in the same form as presented on The Footnotes Platform; you may not modify it without the express permission of The Footnotes!.

e)  You must not use the The Footnotes Platform or any of the material contained in it for any purpose which is unlawful, prohibited under this Agreement, or which violates any right of The Footnotes or any other owner of any rights in the material contained in the The Footnotes Platforms.

Trademark

The Footnotes logo and the Sponsor’s logo are registered trademarks and may not be used without the prior specific and written permission of The Footnotes or the Sponsor (as applicable). No other trademark appearing in The Footnotes Platforms may be used without the prior specific and written permission of the trademark owner.

Links and Advertisements

The Footnotes Platforms may contain hyperlinks to internet operated by third parties which may be accessible through advertisements, content or through email communications. We will endeavour to ensure that all links are current but we are not responsible for the contents of any linked content from The Footnotes platform. The inclusion of any link does not imply any endorsement of the linked by The Footnotes. Any link within The Footnotes Platform, which takes you to a third-party link should only be clicked on at your own risk. The Footnotes does not endorse or in any way adopt representations made by advertisers on The Footnotes Platform or any linked website, nor are any offers made by such advertisers or The Footnotes Platform operators also made by The Footnotes.

Governing Law

This agreement between you and The Footnotes will be governed by the Laws of Australia. If any provision of this agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.

 

THE FOOTNOTES MEDIA TERMS OF ENGAGEMENT

The Footnotes encourages users to post, share and comment on content published on The Footnotes platform across online and mobile.

By interacting with the The Footnotes community, you agree to your content being shared socially. You also agree with our Terms of Engagement (see below). The Footnotes reserves the right to remove, edit or otherwise modify any post that does not adhere to these Terms of Engagement.

You are expected to treat other users with respect and kindness, and while you can disagree and politely argue, The Footnotes does not tolerate trolling or unwarranted aggression.

As a user, please don’t post inappropriate, abusive or offensive content on The Footnotes. This means any posts depicting, containing or referencing excessively profane language, vulgarism and/or any derogatory allusions to any ethnic, religious or sexual groups. Essentially, use your brain before you post. You should own the rights to any content posted.

The Footnotes reserves the right to delete any offensive or inappropriate content. If you continue to have violate terms in the future, The Footnotes also reserves the right to revoke your account, and you will be unable to contribute to The Footnotes in any capacity. The same rules apply to those who post spam.

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