TERMS OF USE - Update News | Update News

TERMS OF USE

These Terms of Use, along with our Privacy Policy, Cookies Policy (collectively “Terms”) govern your use of the websites, applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, and contests (collectively, the “Services”) operated by Update Corporation Pty Ltd, and its subsidiaries (collectively “Update” “we” “us” or “our”). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement.”

PLEASE READ THE PRIVACY POLICY AND ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE AND OTHER SERVICES. BY CONTINUING TO ACCESS OR USE THIS SITE OR ANY OF OUR SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

CHANGES TO THE TERMS

We reserve the right to amend, remove, or add to these Terms at any time. Please check the “Last modified” heading at the bottom of this document to see when the Terms were last updated. Any changes to the Terms will become effective when we post the revised Terms on the Site.

If you do not agree with any changes to these Terms, your sole remedy is not to use the Services. If you continue to use the Services after we change these Terms, you accept all changes.

ADDITIONAL TERMS

Additional terms may apply to your use of certain Services.  We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms.  If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.

 

PRIVACY POLICY

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use of data in compliance with the Privacy Policy.

 

COPYRIGHT, TRADEMARKS, INTELLECTUAL PROPERTY

All rights, titles and interests in and to the contents of the Site, trademarks, services marks, trade names, and any other content such as audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are owned by Update, or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Update reserves all rights not expressly granted in and to the Site.

You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

SOCIAL MEDIA/VIRAL DISTRIBUTION

We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis.  We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups).  We may revoke this authorization at any time.  If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.  When expressly authorized by us in writing, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i).  You may not embed the Video Player into any hardware or software application, even for non-commercial purposes.  As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.

Some Services may include “Mash-Up Tools” that allow you to manipulate Content or combine User Submissions with Content to create “Mash-Ups.”  The following terms apply to your use of Mash-Up Tools, except as specifically provided in other terms accompanying the Mash-Up Tools:

 

  • You may only use designated Content with the Mash-Up Tools, and we may revoke permission to use the designated Content at any time.
  • You may manipulate or combine the designated Content using the Mash-Up Tools only as authorized and only for personal, non-commercial purposes.
  • As between you and us, we own all compilation rights in the Mash-Ups and may make perpetual and unrestricted use of the Mash-Ups, and you will only retain whatever prior rights you had in your User Submissions.
  • With our permission, other users of the Services may make subsequent Mash-Ups using your Mash-Ups.
  • You must include any required or existing trademark, copyright or other legal notices in the Mash-Ups and you must comply with any other usage or attribution guidelines we provide.
  • If we expressly allow you to do so, you may distribute Mash-Ups under the Viral Distribution guidelines above.

COMMERCIAL LICENSES

You must obtain our written permission for commercial use of the Content or the Services.  If you wish to license Content from the Services, please contact us.

 

USER SUBMISSIONS

Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services.  When you provide User Submissions, you grant to Update and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products.  You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions.  If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others.  Please note that if you delete a User Submission from the Services:

  • The User Submission may still exist in our backup copies, which are not publicly available.
  • If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
  • We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sub-licensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.

We may refuse or remove a User Submission without notice to you.  However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area.  Accordingly, you should not provide User Submissions that you want protected from others.

Each individual who submits a User Submission, whether published or not, is solely responsible for her or his own acts, including the content, context or information in the User Submission he or she submits. This means that each individual, and not Update, is entirely responsible for anything and everything she or he submits to the Site or other Service. Update does not, and does not intend to, pre-screen any User Submission, and Update cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Services.

We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Update, its users, yourself or the public.

THIRD PARTY CONTENT

We may provide third party content (including advertisements) or link to third party websites on the Services.  We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions.  You should review third parties’ terms of use and privacy policies before you use their services.  In certain instances, you may be able to connect and/or link your account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook and Twitter.  By connecting or linking your account to any social media site, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to the social media site (in accordance with your privacy settings on such social media site).  if you do not want information about you to be shared in this manner, do not connect or link your account to any social media site.

 

ACCEPTABLE USE

Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:

  • Access the Services using any interface other than ours;
  • Maintain any link to the Services that we ask you to remove, in our sole discretion;
  • Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Update or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  • Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • Transmit files that contain viruses, spyware, adware, or other harmful code;
  • Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
  • Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
  • Interfere with others using the Services or otherwise disrupt the Services;
  • Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
  • Transmit, collect, or access personally identifiable information about other users without the consent of those users and Update;
  • Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
  • Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

Update may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law if you violate these terms.

 

REGISTRATION

We do not require registration to access or view any of our free Contents.

Basic (non-paid) registration is required to participate in various online services, including, but not limited to, Forums, Chat, some content submission, and other Services as indicated throughout the Service.

You agree to provide complete and accurate information in your registration process, and you agree not to provide any registration information that is false, misleading or incorrect. You also agree to notify us if any of your registration information changes.

If at any time we have any reason to believe that any of your registration information is inaccurate, untrue, incomplete or otherwise incorrect, we reserve the right to terminate this Agreement.

Additionally, we may refuse to grant you a specific username that may be misconstrued as another individual, is illegal, protected by trademark or other proprietary rights law, is offensive or vulgar, may cause harm or confusion to others, or any other instance as determined by our sole discretion.

 

CHATS, FORUMS AND OTHER ONLINE COMMUNICATION

Update  hosts a variety of online instant and archived communication, including, but not limited to, chat, hosted discussions, message boards (forums) and e-mail. Each of these Services may include its own Terms of Use with specific rules, regulations and guidelines for use of said service. Participation in any of these Services binds the user to this Agreement and the Terms of Use of said Service.

Such services are intended to serve as discussion and information centers and resources for Update’s  registrants. Information provided within may be provided by said registrants, contributors, staff or others connected or not connected with Update. Messages or statements posted by individuals within these services may be deceptive, incorrect, not factual, misleading or otherwise false, intentionally or unintentionally. We do not endorse nor are we responsible for any opinions, advice, content, omissions, hyperlinks, images, articles, information or statements made or displayed within these Services by third parties. Under no circumstances are we, our partners, contributors or suppliers, or their agents, liable for any loss or damage caused by your reliance or beliefs of information contained within these discussion-type Services. The opinions and information expressed within these Services is solely that of the poster and does not reflect that of Update or any of its affiliates or partners. While we attempt to respond to specific issues and complaints that are brought to our attention, we have no obligation to monitor the content of these areas.

You acknowledge and agree we have the right to monitor any transmission made through Update’s Services, including, but not limited to, chat, forums and discussion/comment boards,  to alter and remove any materials without limitation, to remove any user and terminate this Agreement for any real or perceived violation of this Agreement or that of a specific service, or for no reason whatsoever.

We will disclose such materials and circumstances surrounding its transmission to any third party, including law enforcement and legal officials, in order to operate our Services properly, to protect ourselves, our sponsors, and our registrants and visitors.

ACCESS TO SERVICES AND ACCOUNTS

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

  • Change or discontinue the Services;
  • Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
  • Remove Content from the Services;
  • Restrict, suspend or terminate your access to one or more Services or features thereof; and
  • Deactivate your accounts and delete all related information and files in your accounts.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.  If Update terminates your access to any of the Services, you must immediately stop using such Service.  However, if you have paid for a subscription to any of our paid Services, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service.  If Update terminates your access to any of our paid Services because you breached these Terms, you will not be entitled to any refund.

INDEMNIFICATION

You will defend, indemnify and hold harmless Update, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Update Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions).  Update retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with us to defend such claim.  You may not settle any claim without Update’s prior written approval.

DISCLAIMER

The Update Parties do not warrant: (1) that the Services, any of the Services’ functions or any content will be uninterrupted or free of errors or omissions; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available.  The Update Parties shall have no liability for any such issues.  The Update Parties disclaim any express or implied warranties, including, without limitation, noninfringement, merchantability, fitness for a particular purpose, title, and as to quality, availability and subject matter of content.  The Services, including all content and functions made available on or accessed through or sent from the Services, are provided “as is,” “as available,” and “with all faults.”

Your access to and use of the Services (including their functions and content) is at your risk. if you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue accessing and using the Services.

 

LIMITATION OF LIABILITY

The Update Parties will not be liable for any failure or delay in their performance due to any cause beyond their reasonable control, including acts of war, acts of God, acts of third parties, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the internet or computer equipment.

The Update Parties will not be liable to you or anyone else for any special, indirect, incidental, exemplary, punitive or consequential damages in connection with the Services (including their functions and content), your use of the Services (including their functions and content), these Terms or your User Submissions, even if foreseeable or even if one or more of the Update Parties has been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct).  In no event will the Update Parties’ liability for other damages exceed the amount paid by you to Update for access to the relevant Service in the three months preceding the claim.

You acknowledge and agree that if you incur any damages that arise out of the Update Parties’ acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting operation of the Services or any other service, property, product, or other content owned or controlled by the Update Parties.

 

MISCELLANEOUS

We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email.  You may update your email address by visiting the Services where you have provided contact information.  If you do not provide us with accurate information, we will not be responsible for failure to notify you.  Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.  Nothing in these Terms affects any non-waivable statutory rights that apply to you.  If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

 

Updated: August 27, 2018