Niche Media Pty Ltd (ABN 13 064 613 529) is the publisher of idea-awards.com.au and its associated subscriber email (“us, our, we”).
Service Terms & Conditions
Welcome to idea-awards.com.au (“Service”), an online service of Niche Media Pty Ltd. Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement, idea-awards.com.au grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use.
You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libellous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify Niche Media Pty Ltd and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them that arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organised political activity.
idea-awards.com.au reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. idea-awards.com.au also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, idea-awards.com.au is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of Niche Media Pty Ltd. Niche Media Pty Ltd retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips and PDF files (collectively, the “Content”), are protected by copyright and are owned by idea-awards.com.au, Niche Media Pty. Ltd. or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
idea-awards.com.au and respective logos are trademarks of International Data Group, Inc. and used under licence by Niche Media Pty Ltd. All other trademarks on the Service are the property of their respective holders.
Purchase of Products And Downloading of Software
You may have the opportunity to order or receive merchandise and services, and to download Software (collectively “Products”) through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by idea-awards.com.au) are provided by third-party vendors (“Vendors”) pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.
By using the Site you acknowledge and agree that Niche Media Pty Ltd and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. Neither Niche Media Pty Ltd nor any Vendor can guarantee that any encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Niche Media Pty Ltd nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.
Intellectual Property Infringement Claims
It is the policy of Niche Media Pty Ltd to respond expeditiously to claims of intellectual property infringement. Niche Media Pty Ltd will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. Niche Media Pty Ltd will terminate access for subscribers and account holders who are repeat infringers.
Please direct any notices of claimed copyright infringement to email@example.com or the person or entity at the addresses below:
Publisher, Niche Media Pty Ltd, 142 Dorcas Street, South Melbourne, VIC 3205 AUSTRALIA
All requests for licensing, reprints, linking and other usage of material on idea-awards.com.au should be addressed to firstname.lastname@example.org. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED,INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NICHE MEDIA PTY LTD DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. NICHE MEDIA PTY LTD IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND NICHE MEDIA PTY LTD DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. NICHE MEDIA PTY LTD DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.
NICHE MEDIA PTY LTD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES)ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF NICHE MEDIA PTY LTD HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL NICHE MEDIA PTY LTD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE)RELATING TO THE SERVICE EXCEED $AUD100.
The Site may contain links to other websites that are owned and operated by third parties. You acknowledge that Niche Media Pty Ltd is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Niche Media Pty Ltd of that website.
The Site includes Content concerning products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.
Niche Media Pty Ltd may give notice to you through general posting on the Service, through postal notification, or through email notification, in its sole discretion. You may give notice to Niche Media Pty Ltd by postal mail to 142 Dorcas St, South Melbourne, VIC, Australia 3205.
Niche Media Pty Ltd reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
Any failure by Niche Media Pty Ltd to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against Niche Media Pty Ltd (its employees, officers or directors resulting from your actions) you shall be liable to Niche Media Pty Ltd for all damages, costs, judgments, expenses (including reasonable legal fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, as applied to contracts entered into and performed within the State of Victoria, Australia. You agree to grant jurisdiction over yourself to the courts of the State of Victoria, Australia, and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.