1. These Terms and Conditions shall apply to your use of this website (http://photosforthefuture.thehistorychannel.com.au) and its related channels (“the Site”).
2. By using the Site You agree to be legally bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions, please do not access and/or use the Site.
3. The History Channel (Australia) (“THC”) may change these Terms and Conditions from time to time by posting changes online. Please review these changes regularly. Your continued use of the Site will be deemed an acceptance of the terms existing at that time.
4. Acceptable Use
You agree that any use by you of the Site shall be in accordance with the following conditions:
1. You will not post, transmit or otherwise make available through the Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon THC's rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other users of the Site with respect.
2. You will not post, transmit or otherwise make available on the Site any material (including, but not limited to, photographs), which you do not own without the express permission of the owner of the material.
3. You will not post, transmit or otherwise make available through the Site any material of commercial value or purpose, including (but not limited to) any trademarks, company logos or any other corporate images.
4. You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for your own personal non-commercial home use. You also agree not to adapt, alter or create a derivative work from any content on the Site except for your own personal, non-commercial use and such use will not violate or infringe on any third party’s copyright, license or other intellectual property rights.
5. You will abide by the specific rules of any competition or promotion that you participate in on or via the Site.
6. You will not do anything that affects the operability or security of the Site or causes unreasonable inconvenience or offence or disruption to THC’s staff or other users.
5. Third Party Websites
1. You acknowledge and agree that THC is not responsible for the availability of any third party websites or material you access through the Site.
2. THC do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.
3. Any dealings between you and any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, THC is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
6. Intellectual Property
1. All copyright, trade marks, design rights and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in THC or THC’s licensors. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use any such intellectual property rights of THC or THC’s licensors. You are permitted to use this material or content only as expressly authorised in writing by THC or THC’s licensors. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
2. If you become aware of any such distribution or commercial exploitation, you agree to notify THC immediately.
3. You acknowledge that by posting materials (including, but not limited to, photographs) on the Site you grant to THC an irrevocable, perpetual, royalty free, sub-licensable worldwide licence in perpetuity to use the materials both within the Site and in any other manner and in any media now known or hereinafter developed. The licence extends to copying, distributing, broadcasting, publishing and otherwise transmitting, and adapting and editing the materials.
4. Further to paragraph 3, by posting materials on the Site, you warrant that:
(a) if copyright subsists in the material, you own or control such copyright and that you have the right to make it available to THC for all the purposes specified above;
(b) the material is not defamatory; and
(c) the material does not infringe any law;
5. you will indemnify THC against all legal fees, damages, losses and other expenses that may be incurred by THC as a result of your breach of the above warranty; and
6. waive the right to assert your moral rights in the material posted for the purposes of its submission to and publication on the Site and the purposes specified above.
7. Liability for and information provided on the Site
1. THC will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Site (except as required by law).
2. THC will endeavour to provide the Site to users using all reasonable care. Except as required by law, THC will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Site and do not promise that the material contained in the Site, or any of the functions contained in the Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
3. THC will not be responsible or liable to you for any other loss or damage that you or any third party may suffer as a result of using or in connection with your use of the Site except as required under Australian law.
8. Privacy
1. THC shall comply with all applicable Australian data protection and privacy legislation from time to time in place in respect of any personal information relating to you gathered by THC.
2. You may be asked to provide personal details and input information about yourself on different pages of the Site. You should only provide this information where expressly requested by THC. THC will not use the information you provide for any purpose that is not set out in THC’s Privacy Policy, other than as stated at each location where such information is requested. You should not post, transmit or otherwise make available your personal details on the Site.
3. Please email THC at feedback@thehistorychannel.com.au to notify THC of any changes to the information you have previously given or if you wish to withdraw your consent to THC using the information you have supplied for the stated purposes or for any form of promotional contact.
9. Feedback
Should you wish to make any comments to THC about the Site or if you have any questions or complaints relating to the same please email THC at feedback@thehistorychannel.com.au.
10. General
1. If any court or regulator decides that any provision of these Terms and Conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
2. These Terms and Conditions and the Site are governed by the laws of New South Wales. Disputes can be dealt with by Australian courts.
3. These Terms and Conditions apply between THC and the users of the Site. No other person is entitled to benefit under these Terms and Conditions.
THE HISTORY CHANNEL and PHOTOS FOR THE FUTURE are trademarks of A&E Television Networks used under license 2004 A&E Television Networks. All rights reserved.