Conditions of Use

This Agreement sets forth the terms and conditions which apply to the use by you of itnews.com.au and any other product or service offered by Haymarket Media and/or its affiliates (collectively, "Haymarket"). The right to use any product or service offered by Haymarket Media is personal to you and is not transferable to any other person or entity.

  1. Your Acceptance
    By using and/or visiting this website (collectively, including all Content available through the www.itnews.com.au domain name, the "iTnews website", or "Website"), you signify your assent to both these Conditions of Use (the "Conditions of Use") and the Conditions of Use of iTnews' privacy notice, which are published at http://www.haymarketmedia.com.au/info.aspx?CIaInfoID=22, and which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the iTnews Website.
  2. iTnews Website
    These Conditions of Use apply to all users of the iTnews Website, including users who are also contributors of video content, information, and other materials or services on the Website. The iTnews Website may contain links to third party websites that are not owned or controlled by iTnews. iTnews has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iTnews will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve iTnews from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the iTnews Website and to read the Conditions of Use and privacy policy of each other website that you visit.
  3. Copyright
    The material provided on itnews.com.au is copyright protected. You may use this material for your personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Haymarket Media or the appropriate supplier or licensor of Haymarket Media.

    You must not use any part of the material on a Haymarket Media site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
  4. Website Access
    A. iTnews hereby grants you permission to use the Website as set forth in this Conditions of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without iTnews' prior written authorisation; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with these Conditions of Use.

    B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify iTnews immediately of any breach of security or unauthorised use of your account. Although iTnews will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of iTnews or others due to such unauthorised use.

    C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the iTnews servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, iTnews grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. iTnews reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  5. Intellectual Property Rights
    The content on the iTnews Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iTnews, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iTnews reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. 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 agree not to circumvent, disable or otherwise interfere with security related features of the iTnews Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the iTnews Website or the Content therein.
  6. User Submissions
    A. The iTnews Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, iTnews does not guarantee any confidentiality with respect to any submissions.

    B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize iTnews to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Conditions of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Conditions of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to iTnews, you hereby grant iTnews a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the iTnews Website and iTnews' (and its successor's) business, including without limitation for promoting and redistributing part or all of the iTnews Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iTnews Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Conditions of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the iTnews Website.

    C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iTnews all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage iTnews or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. iTnews does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and iTnews expressly disclaims any and all liability in connection with User Submissions. iTnews does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iTnews will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. iTnews reserves the right to remove Content and User Submissions without prior notice. iTnews will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. iTnews also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. iTnews may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Conditions of Use at any time, without prior notice and at its sole discretion.

    D. You understand that when using the iTnews Website, you will be exposed to User Submissions from a variety of sources, and that iTnews is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iTnews with respect thereto, and agree to indemnify and hold iTnews, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

    E. iTnews permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, iTnews provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the iTnews website on the pages containing the Embeddable Player. iTnews reserves the right to discontinue any aspect of the iTnews Website at any time.

  7. Warranty disclaimer
    You agree that your use of the iTnews website shall be at your sole risk. To the fullest extent permitted by law, iTnews, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. iTnews makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissionsin any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the iTnews website. iTnews does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the iTnews website or any hyperlinked website or featured in any banner or other advertising, and iTnews will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
  8. Limitation of liability
    In no event shall iTnews, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the iTnews website, whether based on warranty, contract, tort, or any other legal theory, and whether ornot the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

    You specifically acknowledge that iTnews shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

    The Website is controlled and offered by iTnews from its facilities in Australia. iTnews makes no representations that the iTnews Website is appropriate or available for use in other locations. Those who access or use the iTnews Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
  9. Indemnity
    You agree to defend, indemnify and hold harmless iTnews, its parent corporation, 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) your use of and access to the iTnews Website; (ii) your violation of any term of these Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Conditions of Use and your use of the iTnews Website.
  10. Ability to Accept Conditions of Use
    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Conditions of Use, and to abide by and comply with these Conditions of Use. In any case, you affirm that you are over the age of 13, as the iTnews Website is not intended for children under 13. If you are under 13 years of age, then please do not use the iTnews Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
  11. Assignment
    These Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iTnews without restriction.
  12. General
    You agree that: (i) the iTnews Website shall be deemed solely based in Australia; and (ii) the iTnews Website shall be deemed a passive website that does not give rise to personal jurisdiction over iTnews, either specific or general, in jurisdictions other than Australia. These Conditions of Use shall be governed by the substantive laws of Australia, without respect to its conflict of laws principles. Any claim or dispute between you and iTnews that arises in whole or in part from the iTnews Website shall be decided exclusively by a court of competent jurisdiction located in Sydney, Australia. These Conditions of Use, together with the Privacy Notice at http://www.haymarketmedia.com.au/info.aspx?CIaInfoID=22
    and any other legal notices published by iTnews on the Website, shall constitute the entire agreement between you and iTnews concerning the iTnews Website. If any provision of these Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and iTnews' failure to assert any right or provision under these Conditions of Use shall not constitute a waiver of such right or provision. iTnews reserves the right to amend these Conditions of Use at any time and without notice, and it is your responsibility to review these Conditions of Use for any changes. Your use of the iTnews Website following any amendment of these Conditions of Use will signify your assent to and acceptance of its revised terms. You and iTnews agree that any cause of action arising out of or related to the iTnews website must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.