Terms & Conditions
 

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the UpdateTime.com.au domain name, the "UpdateTime Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF UPDATETIME’S PRIVACY NOTICE, WHICH IS PUBLISHED AT http://www.UpdateTime.com.au/privacy.aspx, AND ANY POLICIES THAT WE PUBLISH AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.

If you do not agree to any of these terms, then please do not use the UpdateTime Website.


2. UpdateTime Website

These Terms apply to anyone who uses UpdateTime (the Service). Users include our Clubs and schools and other community groups that use UpdateTime to produce a newsletter for their members and friends and extended network, we call these people "Publishers", and also the people that are on the lists of the Publishers as the readers of newsletters and we call these people "Subscribers" and any of these people that have also opened an account at UpdateTime so they can manage their subscriptions, we call these people "Registered Subscribers". These terms also apply to you if you are wanting to communicate with any of our users by placing an advertisement on a newsletter or a selection of newsletters, we call these people either Advertisers or Sponsors, both terms have the same meaning to us. Finally these terms relate to anyone else that in surfing the web visits the site.

The UpdateTime Website may contain links to third party websites that are not owned or controlled by UpdateTime. UpdateTime has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, UpdateTime will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve UpdateTime 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 UpdateTime Website and to read the terms and conditions and privacy policy of each other website that you visit.

UpdateTime is a commercial operation as well as a community service. Our goal is to treat everybody equally and fairly and with respect and we expect to be treated in this way also. It is our intention to build a valuable communication tool for our Publishers and their Subscribers as well as a valuable fundraising source for our Publishers and for our Sponsors in helping them promote their business and their brand. We need your help to do this by stopping anyone that misuses the site but also in letting us know where we can improve.

These terms may change from time to time and we will, where possible, let you know by posting a notice on our web site 30 days prior to implementing a change. Some times we may need to act more quickly to protect the site and our users and in these cases we will implement changes immediately or as quickly as we can.

At the end of the day we are confident that all genuine good faith users will find this web site a valuable tool.


3. Description of Service

UpdateTime makes available a number of resources to registered account holders including hosting services to our publishers and a range of data management and communication tools. A Publisher can prepare their own newsletter that will be hosted on the UpdateTime web servers. Advertisers are able to position their messages on the newsletters in the spacing and form set out in the advertisement placement pages in the Advertisers user console. The Advertiser can choose general selection criteria to help us to know when to display their messages. Advertisers tell us their spending budget and maximum fees per impression and we use this information to position their advertisements in accordance with similar information provided by other Advertisers. Advertisers that are prepared to pay a higher price are positioned in what we consider to be more favourable positions. UpdateTime invoices Advertisers monthly and collects money and distributes any money collected to the Publishers in accordance with this ratio:


- to the publisher where the advertisement appears: ...... 65%
- to the publisher nominated by the advertiser: ................ 5%
- to UpdateTime.com.au to cover our costs: .................. 30%

Payments to our Publishers are made in good faith that viewers have genuinely viewed the newsletter and are not simply visiting to register visits in order to increase their earnings. UpdateTime reserves the right to exclude certain visits and certain visitors from the viewer count in preparing invoicing for advertisers.

UpdateTime further reserves the right to withdraw access to any user for an indefinite period and to also withold any money owing if we identify or have reason to believe that any abuse is being undertaken. This includes witholding money that may have been genuinely earned. UpdateTime takes a zero tolerance policy against abuses of this nature.

4. Website Access

a. UpdateTime hereby grants you temporary permission to use the Website as set forth in this Terms of Service, provided that:

  1. you will not copy or distribute any part of the Website in any medium without UpdateTime's prior written authorization

  2. 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,

  3. you will use this website in good faith and without fraud or deception and in the way that it was intended

  4. you will not use this website to breech any of the laws of Australia or its States and Territories, and

  5. you will otherwise comply with these terms and conditions.

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 UpdateTime immediately of any breach of security or unauthorized use of your account. Although UpdateTime will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UpdateTime or others due to such unauthorized use.

b. 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 UpdateTime 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, UpdateTime 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. UpdateTime 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.

c. If you are using the web site to publish your newsletter and to generate money for your club or school from advertising positioned on your newsletters you agree that UpdateTime in its sole discretion will determine the money that it will pay to you and that while this money will be based on the unique and genuine visitors to your newsletter during any period it may be adjusted for visitors that we believe are not genuine newsletter viewers but are in our opinion for or appear to be for the purpose of accruing clicks in order to generate fees. You further agree and acknowledge that we may suspend your or anyones access to the system if we suspect any abuse.



5. Intellectual Property Rights

The content on the UpdateTime 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 UpdateTime, 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.

UpdateTime 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 UpdateTime Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the UpdateTime Website or the Content therein.



6. User Submissions

a. The UpdateTime 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, UpdateTime 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:

  1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize UpdateTime to use all patent, trademark, trade secret, copy right 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 Terms of Service; and

  2. 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 Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to UpdateTime, you hereby grant UpdateTime 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 UpdateTime Website and UpdateTime's (and its successor's) business, including without limitation for promoting and redistributing part or all of the UpdateTime Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the UpdateTime 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 Terms of Service.

The foregoing license granted by you terminates once we remove or delete a User Submission from the UpdateTime Website.

c. In connection with User Submissions, you further agree that you will not:

  1. 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 UpdateTime all of the license rights granted herein

  2. publish falsehoods or misrepresentations that could damage Update Time or any third party

  3. 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;

  4. post advertisements or solicitations of business:

  5. engage in Spam. We do not tolerate spam. You cannot contact people that are not related to you in a way that would breech the Australian spam laws or the generally accepted idea of spam. You will not use your newsletters for the purpose of spam, this includes newsletters that carry the same content, or are irrelevant to the topic, contain content that is lifted from other sites or anything else that we deem to be spam.

  6. impersonate another person. UpdateTime does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and UpdateTime expressly disclaims any and all liability in connection with User Submissions.

UpdateTime does not permit copyright infringing activities and infringe ment of intellectual property rights on its Website, and UpdateTime will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.

UpdateTime reserves the right to remove Content and User Submissions without prior notice.

UpdateTime 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. UpdateTime also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service 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. UpdateTime may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

d. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material

  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Forward such notifications of claimed infringement to:

UpdateTime
GPO Box 2147, Sydney NSW 2001

email: copyright@UpdateTime.com.au
telephone: 1300 660 580
fax: 02 8080 8272.

e. You understand that when using the UpdateTime Website, you will be exposed to User Submissions from a variety of sources, and that UpdateTime 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 UpdateTime with respect thereto, and agree to indemnify and hold UpdateTime, 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.

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


7. Advertising Fees & Advertising Positioning

a. Advertising Fees

UpdateTime counts all viewers of newsletters and provides a summary of such viewers on the web site in various forms. In addition UpdateTime publishes details about fee income and payments on the public web site. This information is an indication of activity on the site and may be altered or amended after we have presented invoices to advertisers and reconciled fees and income owing and paid after making adjustments for excessive unjustifiable clicks. The nature of the relationship is that publishers authorise UpdateTime to position advertising on their newsletters and to charge advertisers and collect their fees for such advertising as described in this document and the other information provided on the web site.

Advertisers authorise UpdateTime to identify newsletters for displaying their messages based on the information they provide to us in their advertiser console. Advertisers agree to pay to UpdateTime in good faith the promised fees for their advertisements monthly on or around ten days after being invoiced on th or arounf the first day of each month, and to pay as requested in good faith and legal effect. UpdateTime may choose to implement a deposit bond or other surity in order to manage the risk of non payment by any advertiser.

UpdateTime will provide information to justify and reconcile fees charged to advertisers and amounts paid to publishers.

Amounts will only be paid to publishers after they have been received from advertisers. We reserve the right to stop any advertising for advertisers that have not paid.

For the purpose of paying fees to publishers, it is necessary for publishers to first provide to UpdateTime their ABN or other tax file numbers as required by law before UpdateTime can legally pay money to a publisher. Publishers agree to return any money that may be paid to them in error or to offset such amounts from future payments. UpdateTime will produce a Recipient Created Tax Invoice each time it pays money to publishers. This will detail amounts accrued, paid and owing by each of their advertisers for the period.

Advertisers that do not pay in a timely fashion may be doing themselvs harm by being known as slow payers by the people their advertising is targeting. UpdateTime or the publisher may choose to disallow any further advertising of late payers or to indicate to in respect to any advertisement that it has not been paid for. Advertisers authorise UpdateTime to make this information available to all public website viewers.

b. Advertising Positioning

UpdateTime positions advertisements based on a number of preset advertising sizes determined by a number of pixels wide and high to produce a total pixel count. Advertisers are required to choose a preset size notwithstanding their advertisement may not exactly match the preset size. Advertisers may not exceed either a height or width or total pixel count with any advertisement unless authorised in writing by UpdateTime. UpdateTime reserves the right to reposition any advertising that exceeds a preset size and advertisers hereby agree to accept such repositioning by UpdateTime.

Such repositioning may have an impact on the price paid per impression for advertising and Advertisers are obligated to ensure their advertisements are positioned in the correct categories and hereby accept any alterations to advertising arrangements required and made by UpdateTime to enforce these terms and conditions.


8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE UPDATETIME WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UPDATETIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

UPDATETIME 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 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 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 UPDATETIME WEBSITE.

UPDATETIME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UPDATETIME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UPDATETIME 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.


9. Limitation of Liability

IN NO EVENT SHALL UPDATETIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 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 UPDATETIME WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 UPDATETIME 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 UpdateTime from its facilities in Australia. UpdateTime makes no representations that the UpdateTime Website is appropriate or available for use in other locations. Those who access or use the UpdateTime Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


10. Indemnity

You agree to defend, indemnify and hold harmless UpdateTime, its parent or related 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:

your use of and access to the UpdateTime Website;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the UpdateTime Website.


11. Ability to Accept Terms of Service

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 Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the UpdateTime Website is not intended for children under 13. If you are under 13 years of age, then please do not use the UpdateTime Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.


12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UpdateTime without restriction.


13. General

Cookies There is a technology called "cookies" which can be used by a website to enable its users to store tailored information from the website. A cookie can be sent to your browser, which may then store it on your system. Some UpdateTime pages use cookies so that we can better serve you when you return to our Web site. A cookie does not retrieve any other data from your hard drive or capture or store your e-mail address. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You may continue browsing our site even if you decide not to accept the cookie.

You agree that:
the UpdateTime Website shall be deemed solely based in New South Wales; and
the UpdateTime Website shall be deemed a passive website that does not give rise to personal jurisdiction over UpdateTime, either specific or general, in jurisdictions other than New South Wales. These Terms of Service shall be governed by the internal substantive laws of the state New South Wales. These Terms of Service, together with the Privacy Notice at http://www.UpdateTime.com.au/privacy.aspx and any other legal notices published by UpdateTime on the Website, shall constitute the entire agreement between you and UpdateTime concerning the UpdateTime Website. If any provision of these Terms of Service 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 Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and UpdateTime's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. UpdateTime reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the UpdateTime Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND UPDATETIME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UPDATETIME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.