BBCW AUSTRALIA PTY LTD - TERMS OF USE

Website:

These Terms of Use are important and govern your use of the website at [www.inthenightgarden.co.uk/au] (‘Website’).

The Website is owned and operated by BBC Worldwide Australia Pty Ltd. By accessing and using the Website or by clicking ‘I Accept’ when signing up for a user account on the Website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use please do not use the Website. We reserve the right to change these Terms of Use at any time without notice and your continued use of the Website following any such change will be confirmation of your acceptance of the changes.

Privacy Policy:

The Privacy Policy is incorporated into and forms part of these Terms of Use. Click here to refer to the Privacy Policy.

Content:

We own all right, title and interest (including present and future copyright) in the Website. All material including domain names, company or business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the Website (‘Content’) are owned exclusively by us, our related bodies corporate or others who have licensed their material to us (unless expressly indicated otherwise). You have no right to use the Content other than as expressly set out in these Terms of Use.

Your use of Website:

You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only in accordance with these Terms of Use. You may use the Website and view and access the Content only for your personal and non-commercial use. Nothing in these Terms of Use or the Website will grant you ownership of the Content (including intellectual property rights in it). You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Content except:
• as expressly authorised either in the Website or these Terms of Use; or • as authorised in writing by us.

You must not use any so-called ‘spider’ or similar automated software or device to use or access the Website or the Content in any way.

Age:

To upload, post or otherwise submit materials including but not limited to video, films, written materials, photographs and music (‘User Materials’) on this Website you must be 18 years of age or over.

User Account:

You may be required to create an account (‘User Account’) before you can access certain Content, or submit User Materials on the Website. You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of unauthorised use of your User Account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting User Materials which violates any law.

User Materials:

By submitting User Materials to any areas of this Website, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use the User Materials in any manner and in all media (whether now known or later devised) throughout the world in perpetuity. This includes the right to edit, adapt, modify, change, add to and detract from the User Materials and to use the User Materials for any purpose including commercial purposes. We also reserve the right to edit, refuse to post or remove User Materials submitted by you in our sole discretion.

In respect to User Materials submitted by you, you warrant that:
• you are the owner throughout the world in perpetuity of all right, title and interest (including present and future copyright) in the User Materials; • any and all ideas, performances and literary, artistic and musical materials that make up the User Materials will not contravene any laws or rights of third parties (including any law relating to copyright, passing-off, defamation, contempt of court, sub judice, privacy or confidence); and • you are entitled to submit the User Materials and you have not made any contract or commitment in contravention with the rights granted to us under these Terms of Use.

If you have any moral rights (or similar rights) in respect of User Materials submitted by you, you consent to us using the User Materials from time to time in any way we wish (even if that use is contrary to your moral rights) including making material alterations to them and exploiting them with or without attribution. Where and to the maximum extent permitted by law, you waive your moral rights in perpetuity.

Your Responsibilities:

You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use. It is your responsibility to ensure that your use of the Website complies with the Terms of Use and to seek prior written permission from us for any uses not expressly permitted. We prohibit the use of the Website for any of the following:
• submitting User Materials that are unlawful, false, misleading or deceptive, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy; • impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity; • submitting User Materials that you do not have a right to reproduce, display or transmit or that infringe the rights of any person or entity; • submitting User Materials that contains a virus or corrupted data; • using any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Website; • attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Content or for the purpose of creating derivative works from the Website.

Links:

The Website may contain links or other connections to websites operated by parties other than us (‘Links’). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Our inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by us and we are not responsible for the products and/or services being advertised.

Disclaimer and limitation of liability:

To the fullest extent permitted by law, we hereby exclude all conditions and warranties (express and implied) of any kind. We do not warrant: that the functions contained in any Content or your access to this Website will be uninterrupted or error-free; that any defects will be corrected; or that this Website or the server which stores and transmits Content to you are free of viruses or any other harmful components.

We do not warrant or make any representation regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

We also do not endorse any User Materials or any opinion, recommendation or advice contained in them.

Under no circumstances (including without limitation, any act or omission on our part) will we (or our affiliates) be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, or any inability to use or access, this Website, any Content, or any User Materials.

Certain laws may not allow the exclusion of some conditions and warranties and in that case some of the above exclusions may not apply to you if and to the extent they are not permitted by law.

Indemnity:

You agree to indemnify us and our officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

Termination:

We may (in our sole discretion and without prior notice to you) terminate your licence to access the Website and the Content, and to submit User Materials, if you breach these Terms of Use.

Applicable Law:

This Website is controlled form our offices in Australia. We make no representation that the Content in this Website is appropriate or available for use in other locations. Those who choose to access this Website from locations outside Australia do so at their own initiative and are responsible for complying with local laws.

These Terms of Use will be governed by and construed in accordance with the laws of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.