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Pressroom Terms and Conditions of Use
Welcome to www.pressroom.com.au (Pressroom). Pressroom is operated and owned by The Red Agency Pty Ltd (The Red Agency) trading as The Red Agency. Your access to and use of Pressroom is conditional upon your acceptance of these terms and conditions of use (Terms of Use).
GENERAL TERMS & CONDITIONS
- 1.
- Introduction
- Pressroom is a media website provided by The Red Agency that distributes press releases and related media materials pertaining to the clients/partners of The Red Agency.
- 2.
- Access
- 2.1
- Access to text resources on Pressroom does not require registration. However, registration is required to download image, audio or video files.
- 2.2
- Access to all resources on Pressroom is restricted to working news media only. Access to non media may be granted at the discretion of The Red Agency, upon application to The Red Agency.
- 2.3
- 2.3 The Red Agencys reserves the right to deny you access to, or use of, all or part of Pressroom, without prior notice, if you engage in any conduct that The Red Agency believes, in its sole discretion:
- (a)
- violates any term or provision of the Terms of Use; or
- (b)
- violates the rights of The Red Agency or third parties; or
- (c)
- is otherwise inappropriate for continued access and use of Pressroom.
- 2.4
- In any event, The Red Agency may terminate these Terms of Use, and any right to use Pressroom, at any time and for any reason without prior notice to you.
- 3.
- System Integrity & User Conduct
- 3.1
- You must not use Pressroom to, and you agree not to:
- (a)
- impersonate or otherwise misrepresent your identity or affiliation with any other person or entity (including where Pressroom requires you to register in order to use it);
- (b)
- falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of Pressroom;
- (c)
- interfere with or disrupt Pressroom or servers or networks connected to Pressroom, or disobey any requirements, procedures, policies, or regulations of networks connected to Pressroom;
- (d)
- attempt to gain unauthorised access to Pressroom or computer systems or networks connected to Pressroom through any means;
- (e)
- transmit or download any material that you do not have a right to transmit or download;
- (f)
- transmit or download any material that infringes the rights (including without limitation, copyright, patent, trade mark, trade secret, confidentiality and privacy) of any party; or
- (g)
- violate any applicable law, convention or regulation or the lawful requirements of any relevant authority or the orders of any court of competent jurisdiction.
- 3.2
- You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for Pressroom and agree to accept responsibility for all activities that occur under your username and password. You agree to notify The Red Agency immediately of any unauthorised use of your password or any other breach of security.
- 3.3
- Your use of some of the resources available on Pressroom may also be subject to terms and conditions imposed by the holder of the rights in such material. You will be notified of these at the time of access and in continuing to access any such material you agree to be bound by such terms and conditions.
- 4.
- Privacy Policy & Disclosure Statement
- The Red Agency' Privacy Policy forms part of these Terms of Use and you agree to comply with that policy.
- 5.
- Links & Advertising
- Pressroom contains links to third party websites. These links are provided solely as a convenience to you. When you use these links, you will be taken out of Pressroom. Those third party websites are not under the control of The Red Agency, and The Red Agency is not responsible for the content or the links contained in those third party websites. Neither The Red Agency nor any of its officers, directors, employees or agents recommend or endorse the content of any third party sites which may be linked to or from Pressroom, or products or services of any third party organisations mentioned or described on Pressroom or linked to or from Pressroom. You acknowledge that you enter any third party websites at your own risk.
- 6.
- Disclaimer of Warranties & Limitation of Liability
- 6.1
- Subject only to 6.2 below:
- (a)
- Pressroom is provided by The Red Agency on an "as is" basis without any express or implied warranty of any kind;
- (b)
- the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from Pressroom may be intercepted, used or modified by third parties.
- (c)
- The Red Agency does not warrant that access to or use of Pressroom will be uninterrupted or error free or that Pressroom or any material on or accessible through Pressroom is free from errors or viruses, worms, trojan horses, time bombs, cancelbots or other harmful components;
- (d)
- The Red Agency does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state of or suitability for a particular purpose of any material on or accessible through Pressroom;
- (e)
- The Red Agency does not warrant that the information displayed on or accessible through Pressroom, or your use of such information, will not infringe the intellectual property rights of third parties;
- (f)
- The Red Agency may change any of the material on Pressroom at any time without notice;
- (g)
- The Red Agency makes no commitment to update any material on Pressroom;
- (h)
- you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through Pressroom, and any advice given or information provided by any person or entity mentioned on or accessible through Pressroom;
- (i)
- you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using Pressroom or the material on or accessible through Pressroom, or from relying on or using any advice given or information provided by any person or entity mentioned on or accessible through Pressroom;
- (j)
- neither The Red Agency nor any of its officers, directors, employees or agents shall be liable for any loss or damage of any kind including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, economic, punitive or consequential losses or damages arising out of the reliance on or use or inability to use the material or information available on or accessible through Pressroom, or any advice given or information provided by any person or entity mentioned on or accessible through Pressroom, even if The Red Agency has been advised of the likelihood of such damages.
- 6.2
- Where the laws of any country or state in which these Terms of Use are effective implies into these Terms of Use any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these terms and conditions provided that any liability of The Red Agency and its officers, directors, employees or agents for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain, shall be limited to the maximum extent permitted by the law of that country or state.
- 7.
- Indemnification
- You agree to indemnify, defend, and hold harmless The Red Agency and its officers, directors, employees and agents from any and all third-party claims, demands, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of Pressroom, your use, publication or editing of information you access using Pressroom, or your failure to comply with these Terms of Use, or from your violation of any applicable law.
- 8.
- Intellectual Property Rights
- 8.1
- The content of Pressroom provided by The Red Agency or its licensors, including, without limitation, the information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), material available for download from Pressroom, advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Pressroom is protected by copyright, trade mark and other intellectual property laws and is owned by, or licensed to, The Red Agency.
- 8.2
- You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the content available on Pressroom including the text materials, images and video and audio chips (the Content) except as expressly provided in these Terms of Use or as permitted by applicable copyright laws.
- 8.3
- Unless otherwise agreed in writing by The Red Agency, you acquire no rights or licences in or to the Content other than the limited right to use and edit the Content for editorial use, and provided that you retain on any copies of the Content, all copyright and other proprietary notices contained in the original materials. You may not otherwise modify the Content, nor reproduce or display, perform, or distribute or otherwise use it for any other purpose, including, but not limited to, advertising, marketing or promotions, without the prior written consent of the copyright holder. Please contact The Red Agency to request such consent. You agree to comply with all reasonable written requests of The Red Agency or the suppliers of the Content to protect their contractual, common law and statutory rights in respect of Pressroom and the Content.
- 8.4
- You acknowledge that any unauthorised use of the Content may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
- 9.
- General
- 9.1
- The Red Agency may from time to time amend, update, or change Pressroom, including these Terms of Use, without prior notice.
- 9.2
- The Red Agency shall not be liable by reason of the failure in the performance of obligations under the Terms of Use or any other contract with you in respect of Pressroom by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of The Red Agency, including any form of technological failure or the actions of third parties.
- 9.3
- These Terms of Use constitute the entire agreement between you and The Red Agency with respect to Pressroom, and the Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding Pressroom.
- 9.4
- If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms of Use shall remain in full force and effect.
- 9.5
- The failure by The Red Agency to insist upon or enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of The Red Agency in respect of any existing or subsequent breach of these Terms of Use.
- 9.6
- These Terms of Use, and any rights and licences granted under them, may not be transferred or assigned by you, but may be assigned by The Red Agency without restriction.
- 9.7
- The law of New South Wales, Australia governs these Terms of Use. The Red Agency operates Pressroom in Australia. Information contained on Pressroom may not be appropriate or available for use in other locations. If you access Pressroom from other locations, you are solely responsible for compliance with applicable local laws. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms of Use.
- 10.
- Contact Details:
- Paul Bradshaw
The Red Agency Pty Ltd
Level 7, 155 Clarence St
Sydney NSW 2000
Australia
Telephone: +61 2 8908 8835
Email: enquiries@pressroom.com.au