Terms of Use

Last Updated: August 2019

This page states the ‘Terms of Use’ under which you may use this website, which is a service operated by Aeon Media Group Ltd (‘Aeon’), Australian Business Number 80 612 076 614, consisting of information services and content provided by us and other third parties. 

Aeon owns and operates this website; operates Facebook, Instagram and Twitter pages; Vimeo and YouTube channels; and delivers newsletters and other content via email (collectively, the ‘Sites’).  

These Terms of Use form a binding agreement between you and Aeon. Your access to, or use of, the Sites indicates your acceptance of these Terms of Use. By accessing the Sites, you hereby accept this Agreement.  

As a material condition of such use, you warrant that you have provided accurate and complete information in any communication with Aeon. By using the Sites, you affirm that you are 16 years or over or otherwise possess legal parental or guardian consent.

You understand that by using the Sites, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

Your use of the Sites and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below; to our Privacy Policy; to our Community Guidelines; to our Republishing Terms and to all applicable laws and regulations. In addition, Aeon reserves the right to terminate access to the Sites for any reason, and to take any other actions that Aeon, in its sole discretion, believes to be in the interest of the organisation and some or all of its users. Aeon reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

Please note that our Sites are under constant development. This Agreement may therefore be modified and updated on an ongoing basis. Please check back to this page regularly.

Access

Access to the Sites is provided free of charge and does not create a professional services relationship or any other relationship with Aeon. The Sites are provided solely for your personal, noncommercial use.

You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Sites nor transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one user unless you obtain prior permission from Aeon. Specifically, unless explicitly authorised in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Sites.  

To request permission to reproduce or distribute materials from the Sites, see our Republishing terms.

Your conduct

You must not:

1. use the Sites in breach of any applicable laws or regulations;

2. use the Sites:

  • to transmit (or authorise the transmission of) ‘junk mail’, ‘chain letters’, unsolicited emails, instant messaging, ‘spimming’, or ‘spamming’;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

3. use the Sites to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains nudity, excessive violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless you have their consent;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content;
  • contains restricted or password-only access pages, or hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  • contains financial, legal, medical or other professional advice;

4. interfere with, disrupt, or create an undue burden on the Sites;

5. use any robot or other device or process to retrieve, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Sites;

6. use the Sites with the assistance of any automated scripting tool or software;

7. frame or mirror any part of the Sites without our prior written authorisation;

8. use code or other devices containing any reference to the Sites to direct other persons to any other web page;

9. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse-engineer, decipher, decompile or otherwise disassemble any portion of the Sites or cause any other person to do so; or

10. delete any attributions or legal or proprietary notices on the Sites.

Your Material

By uploading, transmitting, posting or otherwise making available any Material via the Sites, you:

  1. grant us a nonexclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
  2. except where expressly stated otherwise, also grant each user of the Sites a nonexclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Terms of Use;
  3. warrant that you have the right to grant the abovementioned licences;
  4. warrant that the Material does not breach the Terms of Use.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or Use or otherwise has the potential to harm, endanger or violate the rights of any person.

Refer also to our Community Guidelines

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Sites by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Sites simply by facilitating others to post, transmit or otherwise make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Intellectual Property

Aeon and the Sites, and all other text and images contained on the Sites and in Aeon’s products, are protected by copyright, trademark and other applicable laws, and are the property of Aeon, except as otherwise identified.

All copyrights and trademarks not the property of Aeon that are used or referred to in the Sites and Aeon’s products are the property of their respective owners. Nothing contained in the Sites or other products shall be construed as granting any licence or other rights to any copyright, trademark, patent or other property of Aeon or any third party, whether by implication, laches, estoppel or explicit grant. 

Because the content is proprietary, any unauthorised use of materials on the Sites or other products may violate the law.  

Aeon’s products, including third party and licensed materials on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific permission from Aeon.

In particular, you may not use any Material on the Sites to establish, maintain or provide, or assist in establishing, maintaining or providing, your own publications, internet site or other means of distribution unless permitted under our Republishing terms.

Copyright Infringement Claims

Aeon respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  Aeon has the right to prohibit infringers from using our Sites.

If you believe your work has been copied and posted on or through the Sites in a way that constitutes copyright infringement, please email support@aeon.co.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Aeon. Content created by third parties is the sole responsibility of the third parties, and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites and various resources or locations on the web. Aeon has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Use of RSS Feeds

Individuals may use RSS Feeds (‘Feed/s’) free of charge for their personal, noncommercial use only. Aeon reserves the right to disable, to change, or to cease distribution of Feeds at any time, and reserves the right to require individuals to cease any and all use of the Feeds at any time for any reason. 

Limitation of liability

Except where expressly stated otherwise, material on the Sites is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own enquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Aeon has worked to ensure the accuracy of the information it provides through the Sites. This information frequently relies on data obtained from many sources, however, and we do not make any representation or warranty that any Material on the Sites will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

 

YOU EXPRESSLY AGREE THAT THE USE OF AEON’S PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS, AND AEON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AEON DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM AEON, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM AEON NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, AEON MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THESE SITES OR ANY WEBSITE LINKED TO THE SITES. YOU AGREE THAT NEITHER AEON, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, AND NEITHER AEON NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

AEON AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR LEGAL FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER AEON WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, AEON’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS, IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH JURISDICTION’S LAWS.

Aeon assumes no responsibility or liability arising from the content of the Sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Sites or accessed through the Sites. Aeon also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Sites are free of computer viruses or other harmful components. In addition, although we make a good-faith effort to update the content of our Sites periodically, we do not have a duty to update information contained in our Sites, and we will not be liable for any failure to update such information.

Indemnification

You agree to indemnify, defend and hold Aeon, its affiliates, licensors, suppliers, and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Terms of Use; (b) any allegation that any User Submissions infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.

Applicable Law

If you attempt to bring any legal action against Aeon based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or Aeon does prevail, you will reimburse Aeon for any costs and legal fees associated with their defence of the action.

The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the State of Victoria, Australia without regard to its conflicts-of-law principles. Exclusive venue for any claim shall be in the state and federal courts located in the State of Victoria, Australia. Use of the Sites is unauthorised in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.

Severability

If any provision or portion of these Terms of Use is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.