These terms and conditions apply to your use of the Fishing Australia (www.fishingaustraliatv) Website ("FISHING") and other WIN Websites (“Websites”) owned or operated by WIN Corporation Pty Limited (“WIN”) and its affiliated companies (collectively “WIN” "we," "us," or "our"). Unless we say otherwise, all references to the WIN Websites in these terms and conditions include all such Websites, including this Website. These terms and conditions do not apply to your use of unaffiliated Websites to which the Website only links.
The contents of our Websites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Websites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.
You may not, modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Websites. Only if you obtain prior written consent from us—and from all other entities with an interest in the relevant intellectual property—may you publish, display or commercially exploit any material from the Websites.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Website. You may not take any action to interfere with, or disrupt, the Website, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
These terms and conditions apply to all FISHING and WIN Websites and this Website, and not to the Websites of any other companies or organizations, including those Websites to which we may link. FISHING and WIN is not responsible for the availability of any other Website to which the Website links. FISHING and WIN do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other Website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other Website. You should direct any concerns to that Website's Administrator or Webmaster.
Other Websites may link to our Website only through a plain-text link. Permission must be granted by us for any other type of link to our Website. To seek our permission, you may write to WIN Corporation, Attention: Television Publicity Locked Bag 8800 Wollongong NSW 2500 Australia. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to our Website, at our discretion at any time.
FISHING and WIN welcome your comments about our Websites. However, unless the Website has set-up a specific submissions policy, we will not review or consider any unsolicited creative submissions. FISHING and WIN hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, FISHING and WIN must ask that you not send us any original creative ideas, suggestions or materials.
If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. FISHING and WIN will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
If you are submitting something to our Websites you agree to be bound by our submission policy.
You acknowledge that any information (including personal information) you provide to us may be used in our absolute discretion without your further consent or authorisation and without any acknowledgment, payment, benefit, royalty or otherwise to you. We may share this information with our affiliates, related companies, service providers in order to fulfil our usual business functions.
By placing any information (including personal information) or other material on the Website or providing it to us in any way (including posting messages, uploading files, registering, inputting data, engaging in any other form of communication, or providing any information that may be used in print, online or Television), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of us and any other party authorised by us all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of us, you will execute and deliver to us such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
If you access the Website anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Websites, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Screen names or IDs may not be offensive, deceptive or violate any other party's rights. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
FISHING and WIN may, at our discretion, suspend or terminate the registration of any Website user or general user who violates any of these terms and conditions of use, any of the Website guidelines or for any other behaviour that we in our discretion, believe is inappropriate.
The Services, Products and Materials on the Website are provided "AS IS" and without warranties of any kind, either express or implied. FISHING and WIN disclaim all warranties, express or implied, including but not limited to implied warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither FISHING and WIN nor any of our respective licensors or suppliers warrant that any functions contained in the Websites will be uninterrupted or error-free, that defects will be corrected, or that the Websites or the Server that makes them available are free of viruses or other harmful components.
Neither FISHING and WIN nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results or the use of the Services, Products or Materials on the Websites in terms of their correctness, accuracy, reliability or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the extent permitted by statute, any liability of FISHING and WIN and its affiliate companies, arising from the breach of any conditions or warranties not able to be excluded, is at our option, limited to and completely discharged:
1. In the case of Goods, by either:
(i) The supply by us of equivalent goods; OR
(ii) The replacement by us of the goods supplied; AND
2. In the case of Services, by supplying the Services again.
FISHING and WIN do not endorse, warrant or guarantee any products or services offered on the Website. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any indirect, special or consequential damages (Including loss of profits, loss of data and loss of opportunity) that result from the use of, or the inability to use, the materials on the Websites, or any products or services provided pursuant to the Websites, even if advised of the possibility of such damages. Notwithstanding anything else in these terms and conditions, in no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to us, if any, for accessing the Websites.
The information contained in or made available through the Website (including but not limited to information contained on blogs, message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Websites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
FISHING and WIN may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
FISHING and WIN reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the Websites (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
We control and operate this Website from our offices in Australia. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Commonwealth of Australia. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or in writing signed by both parties.
Materials may be made available via the Website by external third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or copyrighted content. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at that Website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All notices should be sent to our designated agent as follows:
WIN Corporation Pty Limited
Attention: Shirley Brown, Group Business Director
Locked Bag 8800
Wollongong NSW 2500
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
(Last modified on 25 June, 2009)