Terms and Conditions
1. Ownership: FOX SPORTS Australia Pty Limited (FOX SPORTS, we or our) is the owner and operator of www.foxsports.com.au (Website).
2. Acceptance and amendments: Users of this Website (users or you) agree to be bound by these terms and conditions, which are subject to change at the sole discretion of FOX SPORTS at any time. Please read these terms and conditions on a regular basis so that you are aware of any changes. Your use of and access to this Website indicate your acceptance of these terms and conditions (and any changes to them).
3. NEWS+: If you have registered with news+, the news+ Registration Terms and Conditions and, if you have subscribed, the news+ Subscription Terms and Conditions, will apply to your use of this Website in addition to these terms and conditions.
4. We may, at any time and without notice, change, delete or add to the Website or the information, products or services described on it.
5. The Copyright Notice and Terms and conditions for linking and embedding are incorporated into and form part of these terms and conditions. Please ensure that you are familiar with those terms.
6. Intellectual property rights and use of Website: All intellectual property rights in this Website and the material included on it, other than User Generated Material (defined below), are owned by FOX SPORTS or its licensors or advertisers, and users obtain no interest in those rights. Your use of the Website and the material on it must comply with the Copyright Notice.
7. Users must not circumvent, disable or otherwise interfere with security-related features of the Website or any features which prevent or restrict use or copying of any content on the Website.Third party content: This Website may include third party content which is subject to that third party’s terms and conditions of use. We encourage you to read those third party terms and conditions of use prior to accessing such third party content.
8. Third party links: This Website may include links to third party websites. As FOX SPORTS has no control over such websites, you acknowledge and agree that FOX SPORTS is not responsible for the availability of these third party websites and that FOX SPORTS neither endorses nor is responsible for any content, advertising, products or other materials on or available from such websites. We encourage you to read the terms and conditions and privacy policies of any third party websites when you access them.
9. Competitions: Terms and conditions of entry for any promotion or competition (Competition Terms) conducted on the Website will appear with that promotion or competition. You should read those Competition Terms in conjunction with these terms and conditions.
10. Liability: FOX SPORTS does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) which cannot be excluded, restricted or modified, to the extent they are applicable to your use of this Website. However, FOX SPORTS otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect this Website whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to FOX SPORTS’ liabilities and obligations under the ACL: a. FOX SPORTS will have no responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through our negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Website or any linked third party website. You must take your own precautions to ensure that any content is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Website. b. The information on the Website is not comprehensive and is intended only to provide a summary of the subject matter covered. FOX SPORTS does not undertake to keep the Website up-to-date and is not liable to you or any other person for any loss or disappointment suffered if the information on the Website is incorrect, incomplete or not up-to-date. You must make your own assessment of it and rely on it wholly at your own risk. c. You agree to fully indemnify and hold harmless FOX SPORTS and its related bodies corporate against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with: i. your use of or access to the Website; ii. User Generated Material which you post or transmit; or iii. any breach by you of these terms and conditions. This indemnity will survive the termination or expiration of these terms and conditions for any reason.
11. User Generated Material: The Website contains blogs, comment fields and other facilities (including facilities provided via social media sites such as Twitter and Facebook) which provide for comment and feedback by users, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (User Generated Material).
12. It is a condition of your inclusion or use of any User Generated Material and your access to the Website that you must not: a. restrict or inhibit any other user from using or enjoying any part of the Website; b. post or transmit any User Generated Material of any kind: i. which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; ii. which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights; iii. which you know (or reasonably ought to know) to be false, misleading or deceptive; iv. which contains a virus or other harmful component; v. for commercial purposes or which contains any promotional material or advertising; vi. which is an invasion of any privacy or publicity rights; vii. which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability; viii. which harms minors in any way; or ix. in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
13. You grant to FOX SPORTS, its assignees and authorised nominees, a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any User Generated Material uploaded or transmitted by you on the Website.
14. To the extent permitted by applicable law, you unconditionally and irrevocably: a. consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which is uploaded or transmitted by you on the Website; and b. waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights, for FOX SPORTS’s benefit, or the benefit of its licensees, successors in title and anyone authorised by any of them to do acts comprised in the copyright.
15. FOX SPORTS assumes no responsibility for monitoring the Website for inappropriate User Generated Material. If at any time FOX SPORTS elects, in its sole discretion, to monitor User Generated Material on the Website, FOX SPORTS nonetheless assumes no responsibility for any User Generated Material, no obligation to modify or remove any inappropriate User Generated Material and no responsibility for the conduct of any person who submitted User Generated Material (including any information, comments and/or advice of any individual referred to as a guest or expert whose statements on the Website are solely their own). FOX SPORTS may reject, refuse to post or delete any User Generated Material for any or no reason.
16. You acknowledge that the comments and opinions contained in the User Generated Material are not the comments or opinions of FOX SPORTS, and FOX SPORTS accepts no liability in relation to any User Generated Material including its content or accuracy.
17. Copyright infringement notification: FOX SPORTS respects third party intellectual property rights. If you are a copyright owner or agent thereof and you believe that any content on the Website infringes your rights, please notify us by email at [email protected] with ‘Copyright Infringement Notification’ as the subject line or by post at Locked Bag 9000, CROWS NEST, NSW, 1585.
18. When contacting us regarding potential copyright infringement, please provide the following information in writing: a. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; b. identify the copyrighted work which you claim has been infringed; c. identify the content on the Website that you claim infringes your rights and explain the way in which it infringes your rights (eg the sound is copied or the entire video is a copy of your original work); d. sufficient contact information to allow us to contact you regarding your copyright infringement notice; e. a statement that you have a good faith belief that use of the content in the manner complained of is not authorised by the copyright owner, its agent, or the law; and f. a statement that the information in the notification is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
19. Complaints: If you wish to make a complaint regarding content on the Website, please notify FOX SPORTS by email at [email protected] with ‘Content Complaint’ as the subject line or by post at Locked Bag 9000, CROWS NEST, NSW, 1585.
20. When contacting us regarding a complaint, please provide the following information in writing: a. full details of the nature of your complaint and the content which it relates to; b. details of when and how (eg via a link) you viewed the content; and c. sufficient contact information to allow us to contact you regarding your complaint.
21. FOX SPORTS endeavours to respond to complaints regarding content on the Website within 30 days.
22. Termination or suspension of access: FOX SPORTS may, in its sole discretion, terminate or suspend your access to all or part of the Website at any time, with or without notice, if you breach these terms and conditions.
23. Online safety: The internet can be fun and educational, but it also contains material that is not suitable for children. Parents can help keep their children safe online in a number of ways: a. keep the computer in a public area of your home; b. educate children about the dangers of providing personal information to anyone online, especially in chat rooms;and c. visit ACMA’s “Cybersmart Kids Online” website at http://www.cybersmart.gov.au with your children for more tips on staying safe online.
24. Governing Law: Your use of the Website and these terms and conditions are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.