Terms and Conditions [Business Spectator]

Website Terms of Use Agreement between Business Spectator Ltd (ABN 76 126 233 725) ("Business Spectator") and The user of this website ("You/Your")

Your use of this website is subject to these legally binding terms and conditions.

Please read them carefully before proceeding with entering the website. If You do not accept these terms and conditions, You must exit this website immediately.

Website Terms and Conditions

You may only use the Website for the purpose of accessing business news from around the world. The Website is owned and operated by Business Spectator. This Agreement supersedes all prior agreements and may be revised by Business Spectator from time to time.

This Agreement must be read in conjunction with the Privacy Policy.

Your use of the Website

You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.

You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Business Spectator's computer systems or the computer systems of other users of the Website. Hacking means unauthorised access (including using another member's username and password), malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

Your usage of the Website does not include a right to Deep Hyperlink to web pages within the Website without going through the Website homepage or other nominated entry points.

You agree that You will only use the Website in a responsible manner and in accordance with all applicable laws, including in a manner that does not restrict others from enjoying the Website.

Your contributions to the Website

You may submit content to this website for publication. Business Spectator, at its sole discretion, may determine whether (or not) Your content will be published, and reserves the right to edit, or amend, any content submitted by You. You warrant that You are permitted to submit the content to the website, and that You will not submit, post on the Website, or email any material in breach of any law, any obscene, explicit, pornographic, inflammatory material, or any material that could otherwise give rise to criminal or civil proceedings.

You agree (and warrant) that you will only provide information to Business Spectator if you own all of the intellectual property rights in that information. Except for your personal information (which is dealt with under the Privacy Policy), You immediately assign to Business Spectator, upon creation, all intellectual property rights in all information provided by You to Business Spectator (including your Website postings).

You agree to waive all moral rights in the content that You provide (and ensure that you obtain all moral rights waivers in relation to all the content that You provide) to Business Spectator, and that these waivers require that You (and all applicable third parties) consent to any use which Business Spectator (or any person permitted to do so by Business Spectator) may require. You agree, and must ensure that, that neither You require, or any third party requires, to be attributed as the source of the content that you provide to Business Spectator.

Services provided on the Website

Business Spectator reserves the right to add, modify or discontinue any of the services offered on the Website at any time without notice. Business Spectator will not be held liable for any decision to modify or discontinue a service.

Registration

You can register for the Website by completing the Registration Form. It is a condition of registration that You provide a valid e-mail address and a password. You agree not to provide this password to any third parties.

Registration of the Website is free, and entitles You to see content on the Website.

Future changes

From time to time, this Agreement will be reviewed and may be revised. Business Spectator reserves the right to change this Agreement at any time, and revoke your registration. Any changes to this Agreement will be posted on the Website.

Your continued use of the Website will constitute your acceptance of the variation of the Agreement (at Business Spectator's sole discretion) without notice to You.

Website availability

From time to time down-time, either scheduled or unscheduled, may occur. Business Spectator will work within reason to ensure this amount of down-time is limited.

Business Spectator will not be held liable for the consequences of any down-time.

Intellectual Property

Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only, and the contents of this Website may not be copied or otherwise shared with any third parties.

Without limitation, You agree that You will not print, distribute, display, sell, publish, broadcast, circulate, disseminate or commercially exploit, in any form or by any method whatsoever, part or all of the contents of the Website, or incorporate the website material, or any part of it, in any work or publication, whether in hard copy, electronic, or any other form.

Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Business Spectator or by other parties that have licensed their material to Business Spectator.

Business Spectator's trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Business Spectator.

All rights not expressly granted are reserved.

This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Business Spectator's direct control and Business Spectator accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Business Spectator is entitled to require you to remove any link from another website to this Website which you install without obtaining Business Spectator's prior written consent.

The Dow Jones Indexes are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones Indexes © 2007 is proprietary to Dow Jones & Company, Inc. Click here to see the Dow Jones Terms of Use

Limitation of Liability

To the maximum extent permitted by law, Business Spectator does not give any warranty in relation to the content, accuracy, or any other aspect of:

any material on the Website; or

the performance of the Website.

To the maximum extent permitted by law, Business Spectator and its Licensor's exclude all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that You may suffer as a result of:

the use or reliance on any information on the Website;

accessing or using the Website; or

any interruption, suspension or termination of the Website for whatever reason.

Business Spectator's exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Business Spectator has been notified of the possibility of such loss or damage.

You agree that Business Spectator's liability to You at law will be reduced by the extent, if any, to which You contributed to the loss.

Termination

Business Spectator reserves the right to cease providing services at any time.

Business Spectator shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

Governing law

These terms and conditions will be governed by and construed in accordance with the laws of the state of [Victoria].

Definitions

"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.

"Business Spectator" means Business Spectator Ltd (ABN 76 126 233 725).

"Deep Hyperlink" means a direct hypertext link or hypertext linking, established by a third party for purposes other than non-commercial personal use, from the Website where items or images from content providers reside to another web page, and such link bypasses the homepage of the Website or the homepages of the sections of the Website where items or images reside.

"Registration Form" means the online registration form to be completed by You in relation to Your registration.

"Website" means internet website with the URL [www.businessspectator.com.au].

"You" means the user of the Website (and "Your" has the corresponding meaning).