In these terms, "we", "us", "our" and "SCA" means Southern Cross Austereo Pty Limited ACN 109 243 110 and its related bodies corporate, and any successors or assigns.
To access and use our Digital Assets, you must be:
The Digital Assets provide (among other things) an entertainment service by which you can interact with us online by (among other things) viewing, listening to and/or posting Content. We may provide different levels of interaction from time to time at our discretion.
We reserve the right at any time to charge or amend any fees payable by you and to vary or amend the terms and conditions which cover such fees for access or use of our Digital Assets.
We grant you a limited, non-exclusive, non-transferable licence to access and use the Digital Assets solely for your personal, non-commercial purposes.
The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on the Digital Assets (Objects) are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) (Copyright Act) and through international treaties. Apart from any use that is permitted under the Copyright Act we reserve all of our rights. The Objects (or any part of the Objects) must not be copied, reproduced, adapted, transmitted, communicated or distributed, nor may they be modified, reposted to, or otherwise made available from other sites or services in any manner. This includes using any in-line links, frames, web feeds, or any other form of linking to communicate or make available the Objects (or any part of the Objects) from another site or service. Some Objects may be subject to the intellectual property rights of third party providers.
You agree that you will not commercialise any aspect of the Digital Assets or use our trademarks or logos, without our prior written consent.
Subject to any applicable law, we may revoke the permissions referred to in this section 4 at any time and may suspend or deny you access to all or any part of the Digital Assets without notice.
You may be required to register with us in order to access or use some of our Digital Assets. You may also be required to register with us when you Post User Content (having the definition set out in section 6 below). Where you are required to register:
The Digital Assets may contain material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by users of the Digital Assets including you (User Content). Any User Content you Post may, at our sole discretion, form part of the Content available on the Digital Assets.
When you Post User Content on our Digital Assets you grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty free licence to, and to authorise and sublicense other persons to:
You unconditionally and irrevocably consent to all or any acts or omission by us or any person authorised by us in relation to the User Content which may infringe any moral rights you hold, including but not limited to your right:
To the extent such consent is ineffective in any jurisdiction, you unconditionally and irrevocably waive all moral rights you hold in the User Content in favour of us.
You acknowledge that we may remove any User Content Posted by you and that we have no responsibility or liability for the deletion or failure to store any communications or content Posted on the Digital Assets.
In using the Digital Assets, you must not:
You represent and warrant that:
You use the Digital Assets entirely at your own risk. You must evaluate and bear all risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular:
You must take your own precautions to ensure that your access to the Digital Assets does not expose you to the risk of viruses, malicious computer codes or other forms of interference which may damage your computer system or data. If your use of the Digital Assets results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs under any circumstances.
You must ensure that your access to the Digital Assets (and any linked websites or online material or data) is not illegal or prohibited by laws which apply to you.
To the maximum extent permitted by law:
You acknowledge that we may vary, modify or discontinue, temporarily or permanently, any or all of the Digital Assets and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
The Digital Assets may contain links to other sites that are owned by third parties. These links are provided solely for your convenience and do not indicate either express or implied endorsement by us of the products or services that are provided by that site. When accessing third party sites and using their products and services you agree and undertake to do so at your own risk.
For the avoidance of any doubt, we hereby acknowledge that:
Your use of the Digital Assets is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Digital Assets, including sending you electronic notices.
Last updated: 9 April 2021