The mnc.tv, movienetwork.tv, movienetwork.com.au, movieone.com.au, movieextra.com.au, and moviegreats.com.au websites (collectively the "Movie Network Websites") are owned and operated by the MOVIE NETWORK CHANNELS PTY LTD ACN 089 135 740 ("MOVIE NETWORK") of Level 6, 39 Chandos Street, St Leonards NSW 2065.
Your access to and use of the Movie Network Websites is subject to these Terms and Conditions and any other terms and conditions, notices or disclaimers contained on the Movie Network Websites. In the event of any inconsistency between these Terms and Conditions and any other terms and conditions, notices or disclaimers contained on the Movie Network Websites the provisions of these Terms and Conditions shall prevail but only to the extent of such inconsistency.
By accessing and using this site, you agree to be bound by these Terms and Conditions of use. If you do not agree to these Terms and Conditions of use, then you are not authorised to use this or any other Movie Network Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Movie Network Websites, following the posting of changes to these Terms and Conditions will mean you accept those changes.
RESTRICTIONS ON USE OF MOVIE NETWORK MATERIAL
COPYRIGHT
All right, title and interest (including copyright) in all information, text, material, designs, logos, insignia, audio or video excerpts, graphics and other images, computer programs, code (including HTML), URLs, advertisements, photographs, illustrations, other works or subject matter ("Material") provided by MOVIE NETWORK on the Movie Network Websites ("Movie Network Material") is owned by MOVIE NETWORK or its licensors. You are granted the non-exclusive non-transferable limited right to use the Movie Network Websites and the Movie Network Materials only in the manner set out in these Terms and Conditions. You may access and use the Movie Network Websites and Movie Network Material only for your personal and non-commercial use. Nothing in these Terms and Conditions or on the Movie Network Websites will grant you ownership of the Movie Network Materials (or any intellectual property rights in them).
No Movie Network Material may be copied, reproduced, republished, modified, framed, uploaded to a third party, posted, transmitted (including without limitation broadcast), communicated or otherwise made available to the public, distributed, linked to or otherwise used except with the written consent of MOVIE NETWORK or as expressly provided by these Terms & Conditions. You must not use any so-called 'spider' or similar automated software or device to use or access the Movie Network Websites or the Movie Network Material in any way.
You may, on the condition that all Movie Network Material is in the same form as presented on the Movie Network Websites and you keep intact all copyright and other proprietary notices:
(a) view the websites and their contents using a web "browser";
(b) save a single electronic copy of the Movie Network Material for your personal, non- commercial use;
(c) print out a single copy of the Movie Network Material for your own personal, non- commercial use; and
(d) download one copy of the Movie Network Material on single computer for your personal, non-commercial use only.
You may not use or copy the Movie Network Material other than as expressly provided by these Terms and Conditions and, without limitation, you may not:
(a) transmit Movie Network Material (whether by email or otherwise) to any third party;
(b) display the Movie Network Material on any computer, system or network which permits electronic access to the Movie Network Material by more than one user at a time;
(c) modify , merge, adapt or translate the Movie Network Material;
(d) use, sell, assign, rent, sub-licence or otherwise deal in the Movie Network Material except as expressly permitted by these Terms and Conditions;
(e) copy any Movie Network Material on any website operated by yourself or any third party; or
(f) set up any form of hypertext link to the home page or any other page of the Movie Network Websites.
The general restrictions listed here may be expressly excluded by MOVIE NETWORK by written provisions in Movie Network Websites to allow for the use by you of certain Movie Network Material in social media, for example, the creation of a hyperlink to Movie Network Websites from Facebook.
Modification of the Movie Network Materials or use of the Movie Network Materials for any purpose other than those set out above is a violation of the copyright and/or other proprietary rights of MOVIE NETWORK or its licensors.
In the event that you are authorised by MOVIE NETWORK to download software from the site, such software, including any files, images incorporated in or generated by the software, and data accompanying such software (collectively, the "Software") MOVIE NETWORK grants you a non-exclusive, non-transferable, temporary licence to use the Software for the purpose of accessing and using the services provided by MOVIE NETWORK through the Movie Network Websites and for no other purpose. MOVIE NETWORK does not transfer title of the Software to you. You own the medium on which the Software is recorded, but MOVIE NETWORK retains full and complete title to the Software and all intellectual property rights therein. You shall not use the Software other than as expressly provided herein and you shall not copy, sell, assign, sub-licence, redistribute or otherwise transfer the Software to any third party and you shall not try to adapt, modify, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
TRADE MARKS
Unless otherwise stated, all trade marks or service marks, (registered, unregistered or pending registration) and trade names are proprietary to MOVIE NETWORK it's related bodies corporate, third party suppliers or licensors. You must not use such trade marks, service marks or trade names except for:
(a) printing out a single copy of the website for your personal, non-commercial use; or
(b) otherwise with the written consent of MOVIE NETWORK.
SUBMISSIONS
MOVIE NETWORK is pleased to hear from its loyal fans and welcomes your comments regarding MOVIE NETWORK products, including MOVIE NETWORK's online services. Unfortunately, however, MOVIE NETWORK's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intention of this policy to avoid the possibility of future misunderstandings when projects developed by MOVIE NETWORK's professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.
If you send us creative suggestions, ideas, notes, drawings, concepts, reviews or comments or other information or Material (collectively, your "Submissions"), your Submissions shall be immediately assigned to and vest in MOVIE NETWORK in perpetuity. None of your Submissions shall be subject to any obligation of confidence on the part of MOVIE NETWORK, and MOVIE NETWORK shall not be liable for any use or disclosure of any Submissions or be obliged to make any payment to you in respect of its use of the Submissions. Movie Network Website For the avoidance of doubt, MOVIE NETWORK will have the irrevocable right in perpetuity (or for the maximum time permitted by law) to use, copy, store, publish, review, translate, create derivative works from, amend, communicate to the public, modify, reproduce, edit, delete, distribute, adapt or make material alterations to such Submissions without attribution or incorporate such Submissions into any form, medium or technology now known or later developed throughout the universe (including the right to exploit intellectual property rights under any jurisdiction worldwide).
USER ACCOUNT
You may be required to create an account ("User Account') in order to subscribe to the Movie Network Websites, or to upload, post or otherwise submit Materials ("User Materials') on the Website. You must provide complete and accurate information when creating a User Account. You cannot use another person's User Account and must immediately notify us of unauthorised use of your User Account. We reserve the right to disclose the identity or other information relating to anyone who has established a User Account if required by law.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat room, bulletin board, or e-mail function offered as part of the Movie Network Websites. You may only use the Movie Network Websites and any Forums for lawful purposes, in a responsible and co-operative manner and in accordance with these Terms and Conditions. You agree not to:
(a) upload to, distribute through, or otherwise publish on or through the Movie Network Websites any User Material which is libellous, defamatory, harassing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or which otherwise in MOVIE NETWORK'S opinion infringes the rights of MOVIE NETWORK or any other party or which MOVIE NETWORK otherwise considers to be objectionable or to constitute or encourage a criminal offence, incite hatred in a person or group, violate the rights of any party, restrict or inhibit any other user from enjoying a Forum, or otherwise to give rise to liability on the part of any other user of the Forum or MOVIE NETWORK or to violate any law; or
(b) place on any Forum or transmit to or through any Forum any User Material which contains a computer virus, worm or any other computer code which may adversely affect the Movie Network Material, performance or functionality of the Movie Network Websites or any other website, software, system or equipment of MOVIE NETWORK or any other party.
The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any User Material containing any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other Movie Network Website users to join or become members of any commercial online service or other organisation is expressly prohibited.
By uploading User Material to any Forum or submitting any User Material to MOVIE NETWORK, you automatically grant (or warrant that the owner of such rights has expressly granted) MOVIE NETWORK a perpetual, royalty free, irrevocable, nonexclusive right and license to use, copy, store, review, amend, reproduce, communicate to the public, modify, edit, adapt, publish, translate, create derivative works from, and distribute such User Material or incorporate such User Material into any form, medium, or technology now known or later developed throughout the universe. This grant includes the right to exploit intellectual property rights under any jurisdiction worldwide.
You consent to MOVIE NETWORK (and its successors in title, licensees, assignees and persons authorised by MOVIE NETWORK) doing any act or omitting to do any act comprised in any or all of your "moral rights' (including rights of integrity of authorship, rights of attribution of authorship and similar rights that exist or may come to exist anywhere in the world) arising out of or in connection with the use of the User Material or the Submissions in any manner and in any media now known or devised in the future, regardless of whether such conduct amounts to derogatory treatment. If requested by MOVIE NETWORK and at their expense you will execute such documents so as to give effect to the grant of rights and consent in these Terms and Conditions.
MOVIE NETWORK does not usually actively supervise, edit, control, monitor or censor the User Material accessed via the Forums. However, MOVIE NETWORK may from time to time review User Material and you acknowledge that MOVIE NETWORK retains the right to edit or take down User Materials and may suspend you from participating in any Forum in MOVIE NETWORK's entire discretion. You also acknowledge that views or opinions expressed in the Forums are those of other users of the Movie Network Websites which are not necessarily shared by MOVIE NETWORK and MOVIE NETWORK does not endorse any User Materials or any opinion, recommendation, or advice contained in them. You irrevocably waive any right which you have or which you may in the future have to make any claim or demand or institute any legal or quasi legal proceedings against MOVIE NETWORK based on the contents of any User Material included on any Forum.
If a breach of these conditions of use and access to the Forums is brought to MOVIE NETWORK's attention, MOVIE NETWORK may at its option reject, refuse to post or remove User Material from the Movie Network Websites' Forums or prohibit a user from accessing the Movie Network Websites. In any event, MOVIE NETWORK reserves its absolute right to withdraw permission for a user to access the Movie Network Websites and/or any Forum at any time.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
MOVIE NETWORK, its licensors, related bodies corporate, and the officers or directors of such companies (the "Movie Network Group") do not make any representation or warranty as to the reliability, accuracy or completeness of any Movie Network Website or Movie Network Material and do not accept any responsibility arising in relation to errors in, or omissions from the Movie Network Website or Movie Network Material.
The inclusion of any advertising or other information or Material on any page of the Movie Network Websites which promotes products or services to be supplied by a party other than MOVIE NETWORK does not imply that MOVIE NETWORK endorses or recommends any such party, product or services.
To the fullest extent permitted by law, Movie Network Group will not be liable in any way for any loss or damage suffered by you through your use of the Movie Network Websites (including the Movie Network Materials, the Forums and the User Materials) or otherwise as a result of MOVIE NETWORK providing the services available on the Movie Network Websites including the Forums. Movie Network GroupMovie Network WebsiteMovie Network WebsiteMovie Network GroupExcept as provided for by law:
1. All Movie Network Material is provided "as is" and without warranties of any kind, either express or implied;
2. The Movie Network Group expressly disclaims to the fullest extent permitted by law all express and implied warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose;
3. The Movie Network Group does not warrant that the functions contained in any Movie Network Material or other Material on any Forums or that your access to the Movie Network Websites will be uninterrupted or error free, that any defects will be corrected or that the Movie Network Website or the server which stores and transmits content to you are free of computer viruses, worms or any other computer code which may adversely affect the content, performance or functionality of the computers of users of the Movie Network Websites or any other website, software, system or equipment of such users or of any other party;
4. Movie Network Group does not warrant or make any representations regarding your access to, or the results of your access to the Movie Network Websites including any related or linked web sites, or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you. Under no circumstances (including but not limited to any act or omission on the part of Movie Network Group) will Movie Network Group be liable for any indirect, incidental or, special and/or consequential damage or loss of profits whatsoever which result from any use or access of, or any inability to use or access the Movie Network Websites or any Movie Network Material, Forums or User Material.
You expressly acknowledge and agree that Movie Network Group does not exert control over users of the Movie Network Websites and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.
INDEMNITY
You agree to indemnify and keep indemnified the Movie Network Group from and against any costs, loss, liability, claim or damage which the Movie Network Group incurs or suffers as a result of any default by you in respect of these Terms and Conditions or of any act or omission by you in connection with your use of the Movie Network Websites, including without limitation the Forums, the Movie Network Material and the User Material.
LINKS TO/FROM THIRD PARTY WEBSITES
The Movie Network Websites contain links to websites which are not operated by MOVIE NETWORK. Although MOVIE NETWORK has set up such links with the authority of the operators of such sites, it has no control over and is not responsible for the Material on such sites. These links are provided for your convenience only and if you use a link to access third party Material you do so entirely at your own risk. The inclusion of links to third party websites and Material does not imply any endorsement of the Material or any association with their owners and operators. Accordingly, MOVIE NETWORK explicitly disclaims any responsibility for the accuracy, Material, or availability of information found on such websites.
MOVIE NETWORK may from time to time license operators of other websites to set up links to the Movie Network Websites. Any link to any of the Movie Network Websites without the written licence of MOVIE NETWORK constitutes both an infringement of the intellectual property rights of the MOVIE NETWORK and/or its licensors and a breach of these Terms and Conditions. MOVIE NETWORK reserves its right and the right of its licensors to take action against any party which sets up such an unauthorised link to the Movie Network Websites accordingly.
MOVIE NETWORK encourages discretion when browsing the Internet using its or anyone else's service, as some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive.
MOVIE NETWORK cannot be held responsible for the accuracy, copyright compliance, legality, or decency of any Material contained on third-party websites, and you hereby irrevocably waive any claim against us with respect to such sites.
MOVIE NETWORK does not endorse any of the merchandise or services offered on any website which is not operated by MOVIE NETWORK (including any website which is accessible through a link from the Movie Network Websites), nor has MOVIE NETWORK taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. MOVIE NETWORK cannot ensure that you will be satisfied with any products or services that you purchase from any website which is not operated by MOVIE NETWORK.
MOVIE NETWORK does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) which you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such third party websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.
TERMINATION
The right to access and use the Movie Network Websites granted by way of these Terms and Conditions is effective until terminated by either party. You may terminate such right under these Terms and Conditions at any time by destroying all Movie Network Material obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under the terms of these Terms and Conditions or otherwise. Your right to access and use the Movie Network Websites will terminate immediately without notice from MOVIE NETWORK if in MOVIE NETWORK's sole opinion you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must destroy all Movie Network Materials and third party User Materials obtained by you or held in your possession and all copies thereof, whether made under the terms of these Terms and Conditions or otherwise. All other provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the termination of your right to access and use the Movie Network Websites (including without limitation all restrictions imposed on you, licenses granted by you and indemnities provided by you together with all disclaimers and limitations of liability in favour of the Movie Network Group) will survive termination.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Movie Network Material is presented solely for the purpose of promoting programs, films, and other products available in Australia. This site is controlled and operated by MOVIE NETWORK from its offices within Australia. MOVIE NETWORK does not represent that the Movie Network Material is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
These terms and conditions will be governed and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any dispute concerning these terms and conditions. If any provision of these terms and conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms and conditions which will continue in full force and effect.
