Terms & Conditions
Last Revised March 31, 2016.
Please read the following terms and conditions (“Terms”, “Agreement”) carefully, as they form the website agreement between you (“User”, “Client”, “you”, “your”) and AMC Media,a company maintaining offices in Victoria, Australia, governing your use of the AMC Media website,(“we”, “us”, “our”).The User and AMC Media are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
By accessing or using the websites in any manner, including, but not limited to, visiting or browsing the website, purchasing any of the products or services offered, or contributing content or other materials to the website, you agree to be bound by these Terms and any additional terms and conditions, notices and policies referenced herein. If you do not agree to these Terms, you may not use the website and should not proceed to register, use, or access the website.By using the website after the above date, you are agreeing to be bound by this agreement, including all amendments made to date.
Certain products or services offered by this and/or other AMC Media websites may be governed by additional terms presented in conjunction with those products or services. You must agree to those additional terms before using those websites. In the event of an irreconcilable inconsistency between the additional terms and this Agreement, the additional terms shall prevail.
This site is operated for the purpose of providing information on the products and/or services offered by AMC Media. Nothing on this site should be regarded as an offer to sell, or a solicitation of an offer to buy, any product or website of AMC Media.
2. Acceptance of Terms
By accessing, browsing and/or using this website,the User agrees and accepts these Terms and also agrees to comply with all applicable laws and regulations.Furthermore, when the User uses any service provided in the website,is subject to the rules, guidelines,policies, terms and conditions applicable to this website. AMC Media,reserves the right, in its sole discretion, to deny access and to terminate the User’s access to the website and the related services.
3. Modification of Terms
These Terms and conditions and any other agreement are subject to change without notice, at AMC Media's sole discretion. The User accepts to be governed by the modified document. Every time you browse the website, it is your responsibility to check the Terms then in effect that apply to your transactions and use of the website.If you are not satisfied with the website,its content or conditions of use, you agree that the only remedy is to stop using the website. It is forbidden to use the website wrongly, and conduct fraudulent activities on it.
4. Authorized Use
Subject to your compliance with these Terms, AMC Media,grants you permission to use the website as set forth in these Terms and all applicable laws.You are responsible for making all arrangements necessary for you to have access to the website, and for guaranteeing that any person accessing this website through your internet connection is aware of these terms, and its compliance with them.
By using this website, you are representing and warranting that:
- You are at or above the legal age of majority in your jurisdiction of residence and that the content is acceptable to you;
- You can lawfully use the website in the place where you are when you access it;
- You own or have authorization to use the computer or other device you use to access this website; and
- You will use this website in accordance with this Agreement.
THE USER MUST BE AT LEAST 18 YEARS OF AGE, OR BE ABOVE THE LEGAL AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE TO USE THE WEBSITE. By becoming a User, you represent and warrant that you have the capacity to enter into and abide by these Terms. Website use shall be void where prohibited.The website is operated from Australia. We make no representations or warranties that the website shall be available for use in locations outside Australia. If you use the website from outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the website. If any material on this website or your use of the website is contrary to the laws of the place where you are when you access it, we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
AMC Media, shall not represent that any services set out on the website will be suitable for the User. By User, AMC Media, means the person who uses, browses, registers, visits or contributes content or other materials to the website, and participates in the website and the activities offered in the website. You release us from any claims in relation to the services described on our website, including but not limited to claims that the services are not suitable. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied that such content is accurate, complete or up-to-date.
All information provided by AMC Media,through the website or sent to you by any of AMC Media´s affiliates through the website, is of a general nature and is provided for informational purposes only.Any information or materials posted are not intended to amount to advice on which reliance should be placed.We disclaim all liability and responsibility arising from any reliance placed on such materials by any User, or by anyone who may be informed of any of its contents.Reliance on the information or materials provided in the website is solely at User’s own risk.
Except for the services offered to you on this website, which are conditioned on your payment of a fee, and as otherwise provided, access to and use of this website is currently available without charge. AMC Media reserves the right to charge a fee for access to or use of the website, or any other service available on this website at any time in the future.
We communicate with our Users across multiple channels (including e-mail, text message, calls, notifications, etc.) to keep them updated on issues such as products, services and offers, and as a part of the User experience. You consent and agree to receive such communications sent by or on behalf of AMC Media and its affiliated companies. Once you provide your personal information, we may contact you via direct mail, email or telephone.We will keep communicating through these channels unless you request to stop receiving these communications by choosing to be excluded. If you no longer wish to receive these communications, you may opt-out of receiving them by following the unsubscribe options provided to you.You acknowledge that opting out of receiving such communication messages may impact your use of the website.
9. General Guidelines
As a part of the User experience in the website, the User may create an account that is administered independently by them. The User will choose a username and password to access their account. This information provided is strictly private and confidential and shall not be disclosed or shared with third parties. Any use of these with a purpose other than intended, may allow AMC Media,to terminate this agreement and cancel your registration at its own discretion, without prior notice. Users are solely responsible for all activities which occur under their account whether authorized or not authorized. AMC Media may disable your account in its sole discretion and without notice if we believe that you have violated these Terms. User content and information exchanged with other Users will be removed and you agree that AMC Media will not be liable for disabling your account.
This website may promote the sharing of information by Users with other website users or third parties. AMC Media does not take part in any communication or interaction between Users. Interaction with other Users or third parties is solely the responsibility of the User.Please remember that any information that is disclosed through media sharing, SMS, notifications, online postings or other type of communication, can be read, collected, or used by other people. Any information disclosed using these methods becomes public information and you should exercise caution when deciding to disclose it.Note that if you choose to do so, is at your own risk and you accept full responsibility for all messages, comments or any other material or content shared, and the consequences that may arise from transmitting this information. You also acknowledge and agree that you may be exposed to inaccurate or objectionable content or otherwise unsuited to your purpose.
10. Security Warning
Your safety and security are very important to us. This website may promote the sharing of all type of information by Users with other website users or third parties. AMC Media cannot assure that it is safe for you to have direct contact with other Users of the website or with any other person. Current technological developments make it possible for Users of the internet to obtain personal information about, and locate people, with very little information, such as your name. If you believe that any User of this website is harassing you or is otherwise using personal information about you for unlawful purposes,AMC Media,encourages you to first inform local authorities and then contact us via email at:[email protected]
, so that AMC Media,may take appropriate action to minimize the risk.We do not accept responsibility or liability for any content posted, interaction with other Users,or other use or access of the website. Any finding of false impersonation or unlawful use of the website will allow AMC Media,to exercise all legal actions including criminal action.We are not responsible for the conduct, whether online or offline, of any User of the website or services. AMC Media has no obligation nor has the tools to ensure the identity of the Users connected through the website.Please take all precautions when using the website. AMC Media will not be responsible in case a third party uses a User’s identity.
The User shall be solely responsible for the actions or statements made through the User’s account, whether fraudulent or not.The User may not use the User login details (such as name, password to access the products or services purchased through the website) or the account of another person without their consent. AMC Media will not be liable for loss or damage caused by these circumstances. You should be aware that all information submitted through the website might potentially be publicly accessible. Important and private information should be protected by you.
11. Personal Information
We care about the protection of your personal information. AMC Media will keep confidential all information supplied by you to us. AMC Media does not intentionally rent, sell, or share personal information about the User with other people or non-affiliated companies for marketing or commercial purposes (including direct marketing purposes) without your permission, except where you have given us permission to do so or whenever there is lack of opposition. Sometimes AMC Media will ask you to provide information that will enable us to improve the services offered and provide a better experience. Participation is optional. We may ask for your name, address, email address, phone number, preferences and interests, financial information, as well as other similar personal information for you to have an enjoyable website experience.We may store personal data of the User and their preferences to be available for the next website use in order to improve the customer experience. We will maintain the confidentiality of this personal information. We will not save or store in our website and server any details of the financial information provided by the User. AMC Media or its affiliates might send the User newsletters, emails, advertising or promotional information, or include Users in mailing lists. At any time, the User has the right to opt out of receiving these communications, reporting it to: [email protected]
12. External Links
13. Use of Analytics Software
14. Proprietary Rights
This website contains material owned by or licensed to AMC Media. This material includes, but is not limited to, the design, layout, look, photographs, videos, appearance and graphics. Reproduction is prohibited. AMC Media and other identifying marks are registered trademarks of AMC Media,and may be protected by copyrights, trademarks, patents, trade secrets, intellectual property, website marks, international treaties, and/or other proprietary rights and laws of Australia and other countries. You may not use these marks for any purpose without the express prior written consent of AMC Media. All other content available on the website, including text, pictures, photographs, multimedia, graphics, animated images, databases, programs, videos, etc., is the exclusive property of AMC Media,and its affiliated companies, and cannot be reproduced or used in any way without previous written consent from AMC Media. All rights not expressly granted are reserved. The rights of use granted by AMC Media,to our Users are strictly limited for private and personal purposes under and throughout the duration of the Agreement with AMC Media.Any other use is prohibited without written permission of AMC Media. Except as expressly set out above, you may not copy, reproduce, modify, create derivative works or in any way commercially exploit any form or by any means of the content of AMC Media,without the prior written permission of AMC Media,or the holder of the copyright. These Terms do not confer-rights, licenses and/or authorizations to perform the acts described above.Any unauthorized use of the contents constitute a violation of these Terms and conditions as the existing applicable trademarks laws, copyrights and/or other intellectual property laws both national and international. By posting information or content to AMC Media, the User automatically grants, represents and warrants that has the right to grant to AMC Media,its affiliates and associates, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, store, display,modify, perform, reproduce, adapt, digitalize, translate, use for advertising, commercial or non-commercial purposes and distribute,the content provided by the User to be disclosed at the website and to perform, display, distribute prepare derivative works of, or incorporate into other works, such information and content.
Some areas of the website may allow Users to upload photographs, profile information, ratings or reviews, comments, questions and other material in relation to the services (“Content”). Each User shall be solely responsible for the pictures, images, photographs, videos, graphics, text, data,files, information,audio and video files, musical works, works of authorship, links, comments, opinions, statements, declarations, propositions and other material posted, transmitted, submitted or displayed by that User or privately transmitted, made available on the website. Any finding of false impersonation assumptions or unlawful use of Content will allow AMC Media,to exercise all legal actions at our disposal, including criminal action. This disclaimers part of the agreement between the parties. AMC Media retains the right to remove at any time, for any reason and at its sole discretion, without providing any prior notice, whichever type of Content, especially when considered objectionable or violating of these Terms. The User undertakes that AMC Media will not be liable for this action.The User agrees to indemnify AMC Media,for the all damages, losses, costs and expenses (including legal costs) in relation to claims brought by any third party against AMC Media,arising out of or in connection with breach of these Terms in relation to any content you upload or share on our website.The User warrants that any Content provided, submitted, sent, shared, transmitted, posted or uploaded will not infringe the rights of any third party.
16. Advertisements, Sponsorship, and Other Partnerships
We may display advertisements for the products and websites of a third party on our website, including co-promotions, sponsorship's and other similar partnership arrangements. We do not endorse or represent and we are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such products or websites advertised, promoted or displayed on this website.
17. Linking to our Site
You may create a link to our website, provided you do so in a lawful way that does not damage our reputation or take advantage of it.You must refrain from creating a link in such a way that it may suggest any form of association, approval or endorsement on our part.You must not establish a link from any website that is not owned by you.
18. Contests and Sweepstakes
We may display sweepstakes, contests, games and/or promotional offers accessible on this website, which are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers, you will be subject to those rules and/or terms and conditions. You warrant that you have read the applicable rules and/or or terms and conditions.
19. User Agreement
For the safety and convenience of our Users, we have instituted a set of rules and guidelines governing the use of the website. AMC Media,reserves the right, in its sole discretion, to deny access and to terminate the User’s access to the website and the related services and to remove any type of content considered unsuitable in our sole discretion. The User agrees to use the website in accordance with the following rules:
- Users are solely responsible of the information provided, transmitted or posted in the website;
- User ensures that the information provided is real, accurate, current and complete. It is the User’s responsibility to maintain and update their information;
- For the purposes of receiving the products and services offered through the website, User agrees to create only one unique account, and to maintain the integrity of the website ;
- As a registered User, you agree not to use any type of material that:
- is unlawful, illegal or contrary to good faith and public order;
- contains defamatory, aggressive, disrespectful, obscene and offensive material, or that may induce to activities considered as violent, criminal, degrading, discriminatory, dangerous or harmful to health;
- is false or misleading about its subject;
- contains images of persons other than the User of which they do not have the express permission;
- Violates trade or industrial secrets or privacy of communications;
- infringes personal privacy, or creates false identities;
- provides information such as names, financial information, personal identification numbers, non-public phone numbers or non-public email addresses, pictures and videos of any third party;
- threatens, harasses or annoys any third party rights (including rights of personality);
- contains viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material that may interfere or attempt to interfere with the operation of the website ;
- contains pictures, photographs, images, text, software, material or content, or other information that is protected by copyright without the permission or rights needed.
The website allows Users to interact with other Users or other persons.The User will refrain from:
- transmitting, or provide links to, any unlawful, fake, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethical, sexist or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable law;
- sharing pictures with minors, or pictures that are of an obscene or menacing character;
- sharing with others access information and passwords;
- engaging in advertising to, or solicitation of, other Users to buy or sell any products or services through the website of any kind, or induce such offer, or indication of other offers available on other website s as well as advertising for commercial website s;
- collecting data for commercial exploitation or sale;
- using the website for purposes not authorized in these Terms;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the website ;
- “frame” or “mirror” any part of the website, without AMC Media´s prior written authorization, or using meta tags or code or other devices containing any reference to us in order to direct any person to any other web website for any purpose;
- create liability for AMC Media ;
- cause any third party to engage in the restricted activities above.
Upon any breach of this agreement,AMC Media,may, in our sole discretion, terminate, deactivate or suspend your access to all or part of the website at any time, without notice, for any reason. AMC Media,reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to remove, edit, refuse to transmit any information or material provided, as deemed inappropriate, at AMC Media ´ssole discretion.
20. Suspension and Termination
Failure to comply with our User Agreement and the provisions included in these Terms and any other additional policy, constitutes a material breach of the website and may result in us taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our website;
- Further legal action against you.
We exclude liability for actions taken in response to breaches of these terms. The responses described in this agreement are not limited, and we may take any other action we reasonably deem appropriate.We may terminate your access to the website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional Terms, including without limitation,ownership provisions, warranty disclaimers, indemnity, and limitations of liability.Furthermore, we shall not be liable to you or any third party for any termination of your access to the website.
21. Claims, Technical Support and Notices
To file a complaint you must first contact our customer support area at [email protected]
Except as required by law or otherwise specified by us, you must provide any notices to us by email to: [email protected]
We will provide any notices to you by email to any email address provided by you. Notices will be taken to have been received 24 hours after the email is sent. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
The technological tools needed to access the websites, and the costs they generate for their use (including Internet connection or mobile fees among others) shall be the responsibility of the User. We cannot guarantee 100% website availability and functionality.We are not required to offer any technical support on our website or your Internet connection.
22. Limitation of Liability
The website is distributed on an "as is" basis. We make no warranty that the website or services offered through the website will meet your requirements, or that the website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the website. Where permitted by law, you acknowledge that the website is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchant ability and non-infringement, and any warranties arising out of course of dealing or usage of trade. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, websites or information available through this website meet your specific requirements.
In no case AMC Media, its officers, directors, shareholders, employees, or business partners, affiliates and any other authorized agent or representative, or its affiliate companies or associates shall be responsible for and disclaims all liability for any loss, liability, claim, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever caused and on any theory of liability, whether for breach of contract, tort (including negligence) or otherwise, arising out of or related to AMC Media´s website or services, the use or the inability to use the website and/or any content, or messages received or transactions entered into by means of or through the website, the unauthorized access to or alteration of your transmission or data, or other information that is sent or received or not sent or received, any hacking, tampering or other unauthorized access or use of the website or your account or the information contained therein, or any User content, including but not limited to loss of income or revenue, loss of anticipated savings or profits,loss of business or contracts, business interruption, loss of business opportunity,loss of revenues,goodwill, use, data,or other intangible losses,wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. These limitations shall apply notwithstanding any failure or essential purpose of any limited remedy in particular.In no case AMC Media, its officers, directors, shareholders, employees, or business partners, affiliates and any other authorized agent or representative, or its affiliate companies or associates shall be responsible for and disclaims all liability for any loss, liability, claim, cost, expense of any nature whatsoever caused and on any theory of liability, whether for breach of contract, tort (including negligence), damage,(whether direct, indirect special, punitive, incidental and/or consequential), including, but not limited to physical damages, bodily/personal injury, death,emotional distress and discomfort, loss of enjoyment, upset, disappointment, dissatisfaction,frustration, loss of or damage to property, accident, delay, non-performance, irregularity, or any consequence derived from these circumstances, arising out of or related to:
- Your communicating between you and other Users or third parties through the website or the provision of the services, even if we or our agents or representatives know or have been advised of the possibility of such damages;
- your access to or use of our website or the websites offered or provided herein;
- any User content or the defamatory, offensive, or illegal conduct of any third party through the website ; and
- Any delay, default, cancellation, additional expense, omission from the Agency, or acts of any government or authority,or other causes beyond AMC Media´s direct control.This does not affect our liability for death or personal injury arising from our negligence, or any other liability which cannot be excluded or limited under applicable law.
AMC Media explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage, as well as consequential damage allegedly caused to a User, when that User’s behaviour has contributed to the production of the damage allegedly suffered. Nor when the User has failed all or part in the performance of obligations under these Terms.
23. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.IN SUCH JURISDICTIONS, AMC MEDIAS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To the maximum extent permitted by applicable law, the User agrees to hold harmless, defend and indemnify AMC Media, its officers, directors, shareholders, employees, contractors, agents, licencors, co-branders or other partners, and any other authorized agent or representative, or its affiliate companies or associates, from any and all loss, liability, demand, penalty, claim, legal proceeding, cause of action, damage, expense, action, settlement, recovery, fine,including without limitation, reasonable legal fees of every kind and nature and other costs arising out from
- Your use of the website ;
- Your purchase or use of any services offered through the website;
- Your breach of these Terms and any other policies or rules herein incorporated;
- Your violation of any law or the rights of a third party;
- Any other activity in connection with the use of the website or the services offered through the website or in any way related to your use of AMC Media,which AMC Media,may suffer from User’s activities on the website.
The User shall cooperate as fully as reasonably required in the defense of any claim. AMC Media,reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. The User’s indemnification obligation shall survive the User’s termination of or cessation of use of the website.
25. Dispute Resolution
If a dispute arises out of this Agreement, the Parties shall seek to resolve it by negotiation on an amicable basis. For this matter, you agree to first contact us at [email protected]
and attempt to resolve the dispute with us informally.
If the dispute has not been resolved by negotiation as provided herein, any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the state of Victoria, Australia.This contract shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.
26. Final Dispositions
Last Revised March 31, 2016.
- These Terms and any further rules, policies, or guidelines incorporated by reference, shall be governed by and construed in all respects in accordance with the laws of the state of Victoria, Australia. The parties hereby irrevocably consent to the personal jurisdiction and venue therein;
- These Terms constitute the final and entire agreement between AMC Media, and the User;
- These Terms supersede and replace all previous Terms and shall replace any Terms previously notified to the User;
- The rights and obligations assigned under these Terms are personal to the User, and cannot be assigned to anyone;
- AMC Media ´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision;
- if any provision of these Terms and conditions is found to be invalid by any competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which shall continue to have full force and effect.