Brisbane Skyline

Terms and Conditions

This website is operated by Newsreel of Level 2, 10 Eagle Street, Brisbane.

In these terms and conditions (Website Terms), the expressions we, us and our are a reference to Newsreel, and the expressions you, your and yours are references to the user of the Website (including those using on its behalf).

If you use this website (Website), you are agreeing to be bound by the Website Terms. If you do not accept these Website Terms, you must refrain from using this website.

We may amend these Website Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Website Terms as amended.

If we reasonably determine that the changes to the Website Terms will result in material detriment to you, we will take reasonable steps to provide you notice of that change before or soon after that change has been made, and if you do not agree with those changes, you may cease using the Website.

If we agree to a separate agreement with you in relation to your use of the Website (for instance, in relation to certain promotional activities) (Additional Terms), those terms and conditions will prevail in relation to their subject matter to the extent of any inconsistency with these Website Terms.

Together, these Website Terms and any Additional Terms (if relevant) govern your use of the Website.

Use of our website:

Subject to your agreement and compliance with these Website Terms, we grant you a limited, non-exclusive, non-transferable, revocable, worldwide, royalty-free licence to:

  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us, but you must not portray us or any of our products or services in a false, misleading, derogatory, defamatory, offensive or unlawful manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent;
  • access and view the website in your browser; and
  • access and use the contents of any page strictly for your personal, non-commercial use (unless otherwise agreed).

You agree that you will not, and will not allow any other person to:

  • modify, copy, adapt or make any derivative works based upon any part of the Website or any software used in connection with the Website;
  • decompile, disassemble or otherwise reverse engineer the Website or allow, cause or permit any third party to do so (except as expressly permitted by law);
  • knowingly or recklessly access, store, distribute or transmit any viruses or malware, or any material which is unlawful, harmful, defamatory, discriminatory or violates any applicable laws, during the use of the Website;
  • link to the Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
  • download any part of the Website, without our express written consent;
  • collect, copy, aggregate, duplicate or otherwise use any information or content obtained in connection with the Website except as permitted by this agreement; and
  • share any login credentials to the Our Website with any unauthorised third party.

Warnings

  • You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
  • We do not warrant the accuracy, adequacy or completeness of the information on the Website, nor do we undertake to keep the Website updated. The information on the Website is not, and is not intended to be, advice. You should not act or refrain to act on the basis of any of the material on the Website without first satisfying yourself as to the truth or accuracy of all information given.
  • To the maximum extent permitted by law, we do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on the Website.
  • You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.

Website content and linked websites

  • In the preparation of this Website every effort has been made to offer the most current, correct and clearly expressed information possible. Nonetheless, inadvertent errors can occur and applicable laws, rules and regulations may change.
  • The information contained in this Website is not intended to serve as advice. No warranty is given in relation to the accuracy or reliability of any information. Users should not act or fail to act on the basis of information contained herein.
  • Newsreel disclaims all and any liability to any person in respect of anything or in consequence of anything done or omitted to be done by any person or user in reliance, whether whole or partial, upon any information contained herein.
  • This Website may contain links to other websites. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites and do not accept any liability in connection with your use of linked websites that may be present on our website.

Your account and personal information

  •  If you subscribe to any of our services, we may require you to create an account with us. You must take all necessary steps to ensure that all of the account information that you provide to us to enable us to provide the service (including your password) is kept confidential and secure. You are responsible for any act or omission of any person using your name account or password (except where and to the extent we have caused those to be compromised).
  • You must inform us as soon as possible if you have any reason to believe that your information is no longer secure or confidential or subject to or likely to be subject to unauthorised use.
  • You agree to provide accurate, up to date, and complete information about yourself and to notify us of any changes to you information where it is no longer accurate or up to date.
  • We are not responsible for any loss incurred in connection with any error made by us or our Personnel as a result of information provided by you being inaccurate.

Contributing content

When you submit content (in any format, including any text, photographs, graphics, video or audio) to us or to the Website you grant:

  • us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, licence to use, reproduce, modify, copy, publish, distribute, translate, commercialise or otherwise exploit that content on our website or in any service which we may provide from time to time; and
  • any other user of the Website to access, download, modify, publish or otherwise use that content as permitted by these Website Terms or our separate agreement with that person.

You warrant that:

  • you own or otherwise have obtained all necessary rights (including copyright, and third party notices and consents) to the content that you submit to us or the Website to enable us to use that content in accordance with these Website Terms; and
  • any content you submit to us or the Website will not contain any defamatory, offensive, harassing, or misleading or deceptive material, or otherwise infringe upon any applicable laws or regulations.

You agree to any act or omission which may otherwise infringe upon any moral rights in the content and your right to object to derogatory treatment of your Content as provided in the Copyright Act 1968 (Cth).

Privacy

If you provide us any personal information in connection with the access or use of the Website, we will handle that personal information in accordance with our Privacy Policy .

You acknowledge and agree that:

  • you have read and understand our Privacy Policy;
  • you have provided any notices and obtained any consents necessary to enable us to use the personal information of any third parties you disclose to us in accordance with our Privacy Policy; and
  • you will comply with all privacy laws and regulations at all times.

Restrictions on what you may post to our website

Subject to your compliance with this agreement, you may post content on the Website as directed by us from time to time.

You must comply with our Editorial Guidelines in force at the time you submit content to us (and these may change from time to time, in accordance with their terms).

We reserve the right to monitor and moderate any content that you post on the Website to ensure that it complies with this agreement (but are not required to do so).

You must not post content which:

  • contains hyperlinks, other than those specifically authorised by us;
  • contains content which infringes upon the intellectual property rights (including any name, logo or trade marks) of any person;
  • contains content which includes key words or words repeated, which are irrelevant to the posted content, or use content or techniques which are intended to game search algorithms; or
  • is inaccurate, false, or misleading.
  • is unlawful or incites individuals to commit any crimes;
  • contains commercial audio, video or music files (even if properly licensed);
  • is obscene, offensive, threatening, violent, malicious or defamatory;
  • is sexually explicit or pornographic;
  • is likely to deceive any person or be used to impersonate any person, or to misrepresent a person’s identity, age or affiliation with any other person;
  • could be construed as emanating from us or being endorsed by us without our prior written consent;
  • used to request or collect passwords or other personal information from another user without their permission;
  • used to sell any goods or services or for any other commercial use not consented to by us, for yourself or for any other person;
  • used facilitate the provision of unauthorised copies of another person’s copyright work; and
  • used to send age-inappropriate communications or content to anyone under the age of 18.

Removal of content by us

  • If we reasonably believe that the content you have posted on our website is in breach of these Website Terms, damages the goodwill or reputation of our business or is otherwise in breach of any applicable laws, we may refuse, edit or remove the content immediately without notice to you.
  • You agree that we will not be responsible for any loss incurred by you in connection with the removal of content under this clause 8, except to the extent that the loss has been caused by our negligence or breach of the agreement.

Requests to remove offensive content

You may make a request to use to remove content which you believe is offensive by the following procedure applies:

  • your claim or complaint must be submitted to us in the Contact Us form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  • we may re-instate the Content about which you have complained or not.

For clarity, you consent to us using the contents of any complaint made by you or any person on your behalf, whether using our form of complaint or not, for the purpose of assessing whether to remove content off our website and addressing any inquiries made by the contributor of the content who is subject to the complaint. We may also publish the complaint and all ensuing correspondence and communication, without limit.

You agree to indemnify us for any loss incurred (including any reasonable legal fees) in relation to any fraudulent, negligent or frivolous complaint made by you in connection with any content on the Website.

Security of Our Website

  • Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact us immediately.

Storage of data

  • We may, from time to time, limit the number of messages you may send, store, or receive through our services.
  • We may delete messages in excess of that limit. We will endeavour to give you notice of any change to your limit, except where notice is not reasonably practicable.
  • We assume no responsibility for the deletion or failure to store or deliver email or other messages.
  • We maintain reasonable procedures for the backup of our website data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have agreed to do so separately with you in writing.

Availability of website

  • You acknowledge and agree that we do not represent, warrant or guarantee the Website or any associated service will be continuous or fault free. There may be instances where the website or associated services will not be available to you.
  • If it is necessary for us to temporarily suspend access to the website or relevant service, we will endeavour to notify you prior to any suspension, where providing that notice to you is commercially reasonable to do so.
  • You acknowledge that the Services may also be interrupted for many reasons beyond our control.
  • You agree that we are not liable for any loss to you in connection with any interruption to the Website or the associated services, except where caused by our gross negligence or fraudulent activity.

Termination

  • We may suspend or terminate your access to all or part of the Website at any time and with immediate effect by sending you written notice, if we consider on reasonable grounds that you are in breach these Website Terms. If the breach can be remedied, we may agree to reinstate access where the breach is remedied and we consider there is low prospect of future breaches.
  • Upon termination by us, your right to use the Website and any associated services immediately ceases.

Intellectual Property

  • All intellectual property rights in the Website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
  • You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
  • You agree that at all times you will: 14.4. not engage in any conduct which does or is likely to reduce the value of our intellectual property or cause the ownership of such intellectual property to be challenged; and immediately notify us of any suspected infringement of our intellectual property rights.

Liability

  • Subject to clauses 15.2, 15.3 and 15.4, the liability of each of you and us in connection with any claim (or claims, where arising from the same or similar circumstances) regarding these Website Terms, the Website and any associated services, is limited to an amount equal to the amount you have paid to us in connection with the Website and any associated services in the 12 months preceding the date the relevant circumstances first arose.
  • Neither party is liable to the other for any loss or damage (including any indirect or Consequential Loss), however caused or suffered by the other party in connection with these Website Terms or your use of the Website.
  • Clauses 15.1 and 15.2 do not apply to any indemnity under these Website Terms.
  • If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
  • Consequential Loss in clause 15 means loss of reputation, loss of profits, loss or corruption of data, loss of goodwill or loss of anticipated savings, and any loss that does not flow naturally (that is, according to the usual course of things) from the relevant breach, act or omission giving rise to the claim, even if a party has been notified of the possibility of that loss.
  • For the avoidance of doubt, this clause 15 applies to each party’s directors, officers, employees, subcontractors, agents and affiliated companies as well is the party itself.

Indemnity

You agree to indemnify us from and against all damages, losses, penalties, fines, claims, expenses and costs (including reasonable legal costs), arising directly from:

  • your breach of any applicable laws (including without limitation any privacy laws, defamation laws and consumer laws) in connection with the Website (including your content);
  • any fraud, negligent act or omission or wilful misconduct by you or your agents, employees, licensees or contractors; and
  • any claim made by a third party against us alleging that our use of your content in accordance with these Website Terms infringes a party’s rights (including intellectual property rights).

Disputes

  • If a dispute arises regarding these Website Terms, the laws of the State of Queensland, Australia will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland.
  • If you access this website in a jurisdiction other than the State of Queensland, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
  • In the event of a dispute between the parties to this agreement, the parties undertake to in good faith settle the dispute by engaging in with the other party in a process of mediation. If the parties are unable to resolve the dispute through mediation, they may take other legal action.

General

  • Any obligation in this agreement intended to continue to have effect after termination or completion shall continue.
  • Where permitted by law, you agree that we may disclose any information you provide to us to any judicial or proper legal authority who makes a written request to us, without further consent or notification to you.
  • Any communication to be served on either party by the other shall be delivered by email unless otherwise agreed to between the parties.
  • The Website Terms are governed by the law in force in the State of Queensland, Australia.