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Mediabay's Terms of Use

Mediabay is an internet based database that can be accessed without payment of a fee. The information contained on the database is intended for members of the media, marketing and advertising industry.

These terms and conditions apply to the use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website.

Preamble

The information provided on this website has been sourced or provided by third parties. Mediabay cannot guarantee the accuracy or quality of the information sourced from or provided by third parties. If you find that the information is not accurate please notify us at contact@mediabay.com.au .

Use of material on the Website

You may download information from the website for your use provided you do not remove any copyright and trade mark notices contained on the material and comply with clauses 2 and 3.
Except as permitted by clause 1, you may not reproduce in a material form, publish, communicate to the public or adapt:
1. the information contained in this website;
2. the layout of this website, or any part thereof; and
3. any computer software and code contained in this website, or any part thereof.

For the purposes of these Terms & Conditions, ‘communicate’ and ‘material form’ have the same meaning as defined at section 10(1) of the Copyright Act 1968 (Cth) as amended. The Copyright Act 1968 (Cth) currently defines ‘communicate’ to mean:

To make available online or electronically transmit (whether over a path, or a combination of paths, provided by a material substance or otherwise) a work or other subject-matter, including a performance or live performance within the meaning of this Act.

In accessing the information provided on this website you may not:
1. sell or let for hire; or
2. by way of trade offer or expose for sale or hire; or
3. by way of trade exhibit in public,

The information, or an article containing the information provided on this website without the prior written consent of Mediabay.

Links to other Websites

This website may contain links to sites on the world wide web (‘WWW’) owned and operated by third parties and which are not under the control of Mediabay.
Links to sites on the WWW are inserted for convenience and does not constitute endorsement of any material that may be at those sites. Except in the case of advertising and/or participating companies, Mediabay does not have any sponsorship, approval or affiliation with any other persons or linked sites.

Disclaimers and Limitation of Liability

Mediabay is making this website available for others to publish information about themselves and their businesses. Mediabay is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the website and/or linked sites on the WWW.
Mediabay does not warrant, guarantee or make any representation that:
1. the website, or the server that makes the site available on the WWW are free of software viruses;
2. the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
3. errors and defects in the website will be corrected.

Exclusion of Warranties & Conditions

To the full extent permitted by the Trade Practices Act 1974 (Cth) as amended and similar laws of the States and Territories of the Commonwealth of Australia, Mediabay excludes any and all, express or implied, warranties and conditions including:
1. a warranty that the services will be rendered with due care and skill and that any materials supplied in connexion with those services will be reasonably fit for the purpose for which they are supplied; and
2. a warranty that, where the user has made known to Mediabay the purpose for which the services and any material is required, the services and any material supplied in connexion therewith will be fit for that purpose.

Exclusion of Statutory Liability

To the full extent permitted by law Mediabay’s liability for any statutory implied warranty or condition (other than a warranty or condition implied as to title, encumbrances and quiet possession) is limited, at the option of Mediabay, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired

Exclusion of Liability

Subject to clause 8, Mediabay is not liable to you for any loss or damage suffered by you (including economic loss, special and consequential loss and damage; loss of profits; loss of opportunity) arising out of, or in relation to:
1. errors or omissions in this website, or linked sites on the WWW;
2. delays to, interruptions of or cessation of the services provided in this website, or linked sites; and
3. defamatory, offensive or illegal conduct of any user of this website,
whether caused through negligence of Mediabay, its employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this website.
Nothing in these terms and conditions is intended or will be construed as excluding or modifying any warranties and conditions implied or any rights or remedies conferred on the Customer or any liability imposed on Mediabay by the Trade Practices Act 1974 (Cth) and similar laws of the States and Territories of the Commonwealth of Australia with respect to the supply of goods and services by Mediabay, if the law in question may not lawfully be modified and excluded.

Use of information gathered

Mediabay and/or people authorised by it may gather and process the information:
1. which you may provide when accessing this website, such as your name, address, e-mail address and other personal information about you; and
2. regarding the way in which you use this website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the website.
For a full explanation about the type of information gathered and how we use that information please see our Privacy Statement and Privacy Policy.

Termination of Access

Mediabay may terminate access to this website at any time without giving any notice, explanation or justification for the termination of access, and Mediabay shall not be liable for any costs, losses or damages of any kind (including economic loss, special and consequential loss and damage; loss of profits; loss of opportunity) resulting from the termination of access to this website.

Alteration of Terms & Conditions

Mediabay reserves the right to change these Terms of Access:
1. with or without further notice to you; and
2. without giving you any explanation or justification for such change.

Severability

If any part of these Terms & Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms & Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

Governing Law and Dispute Resolution

All disputes, differences or claims (“disputes”) arising out of or relating to the use of this website or these Terms & Conditions shall be dealt with at first instance by Mediabay Management. If a dispute arises then either party must give the other party written notice of the dispute and what action they require the other party to take to remedy the dispute. Prior to the commencement of any legal proceedings the parties agree to enter into good faith negotiations to resolve any disputes.
This Agreement will be governed by and interpreted in accordance with the law of the State of Victoria, Australia without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of this Agreement.

Privacy Statement

Mediabay Pty Ltd (“Mediabay”) recognises the importance of the protection of our customers, registered members’ and advertisers’ privacy rights.
Our Privacy Statement explains to you the kind of information collected by us, the purpose for which it is collected, how the information is collected, held, and under what circumstances the information is used and disclosed by Mediabay.
Mediabay has developed this Privacy Statement to inform you about how we deal with privacy issues in relation to our website (‘the website’).

Collection of Information

Mediabay may collect information through this website in the following ways:

When you visit the Mediabay website, we can record certain information in relation to your visit such as:

your IP or proxy server IP;
the date and time of your visit to the website;
the length of your session;
the pages which you have accessed;
the size of files you look at;
the type and version of the browser you are using; and
the operating system which your computer uses.

If you want to upload information to the Mediabay database, you must make a request as a registered member. To become a registered member you must register the following details: username, first name, surname, organisation, title, email address and telephone number.
By providing these details you consent to this information, or parts thereof, forming part of the Mediabay database and acknowledge that the information will be available to anyone who accesses the website.
To use the Contact Mediabay function, your e-mail address will be required.
This website uses cookies. Cookies are small files which we use to identify you when you visit our website. If you are a registered member or advertiser the website uses cookies to identify your username, first name, surname, telephone number, title, email address and time of your last visit. If your browser does not accept cookies, you can still browse the site, however access to some areas may be limited.
Mediabay will not otherwise collect information from you through this website unless you knowingly provide it to us.

Use of Information

The primary purpose of the Mediabay website is to act as an internet database comprising of personal information provided by registered members.
Mediabay will only use the personal information it collects through this website for the following purposes:

For statistical and website development purposes;
For incorporation into the Mediabay database where requested;
To inform you about our products and services.
To forward you important information relating to Mediabay activities;
To contact you in response to your feedback or query to discuss our services;
To contact you to clarify and/or grant access to your database listing;
To monitor website performance;
To improve our website and services to you;
For internal administration; and
For other purposes that are in accordance with function of the Mediabay website.

In respect of personal information which we collect and hold, that is not published on this website, we take reasonable steps to:

Protect the personal information from misuse and loss and from unauthorised access, modification or disclosure; and
To destroy or permanently de-identify personal information that is no longer required for any purpose for which it was collected

Access and Correction

You can ask us for access to your personal information. You can ask us to correct, update or delete your personal information unless we are required by law to retain it.

Links to Other Sites

This site contains links to other sites. Mediabay is not responsible for the privacy practices of linked sites.

Security

This site has security measures in place to prevent the loss, misuse, alteration or unauthorised access to information under our control. However if you send us information from this site, it will not be encrypted unless we expressly tell you it is.

Further Information

For further information about Mediabay’s privacy policy, please email us at contact@mediabay.com.au.