(a) AMC Services (as defined above) includes any and all content and facilities of and within those Services, including without limitation all text, photos, video, features, functionalities, user interfaces, and associated software; including as provided directly and/or through third party platforms and devices.
(b) “Shareholders” means Nine Network Australia Pty Limited (“Nine”) and Australian News Channel Pty Ltd (“Sky News Australia”).
1.3 The information on this site may be accessed worldwide however it is directed at Australian residents.
3. Acceptable Use of AMC Services
(a) designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with AMC Services, including any software viruses or any other computer code, files or programs; or
(b) which would constitute or encourage a criminal offence, give rise to a civil liability or violate any applicable law.
3.2 You must not post, transmit or in any way exploit any material of any kind from AMC Services for commercial purposes.
3.3 You must not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any material or content supplied as part of AMC Services except as is strictly necessary for your own personal non-commercial home use.
3.4Your access to and use of AMC Services is for your own personal use only. We do not permit any commercial use without express written agreement.
4. Account Registration
4.2 By signing in on one AMC Service, you may be automatically signed into other AMC Services and/or websites, products and services that use your account.
4.3 Account registration is free but is conditional upon you giving us accurate up to date registration information including a valid email address if requested. We may refuse to accept your registration request and/or terminate your account at our discretion and without notice if your registration information is inaccurate or incomplete or if you use your account to annoy other users or disrupt or misuse our services in any way.
4.4 You must keep your account log in details secure and must not disclose them to anyone else. You must notify us immediately if you suspect or become aware of any unauthorised use of your account or log in details.
5. Your Contributions.
5.1 AMC Services may contain comment fields, other facilities (including facilities provided via social media sites) which provide for comment and feedback by users, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“User Generated Material”).
5.2 It is a condition of your inclusion or use of any User Generated Material and your access to AMC Services that, and you acknowledge and agree that:
(a) you must not: (i) restrict or inhibit any other user from using or enjoying any part of the Website; and/or (ii) post or transmit any User Generated Material of any kind:
- which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, indecent, crude, harmful or otherwise offensive, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- which violates or infringes (or could reasonably be expected to violate or infringe) the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
- which is not your original work (unless you have the express permission of the owner of the material);
- which you know (or reasonably ought to know) to be false, misleading or deceptive;
- which contains a virus or other harmful component;
- for commercial purposes or which contains any promotional material or advertising;
- which is an invasion of any privacy or publicity rights;
- which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
- which harms minors in any way; or
- in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- You must always treat other users with respect; and
- comments and opinions expressed in User Generated Material are not the comments or opinions of AMC, and we accept no liability in relation to any User Generated Material including its content or accuracy.
6. Third Party Websites
6.1 You acknowledge and agree that AMC is not responsible for the availability of any third party websites or material you access through AMC Services (which for the avoidance of doubt includes advertising), and AMC does not endorse and is not responsible or liable for any content, advertising, products or services on or available from such websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such websites or material. These links to third party websites are provided to you as a convenience only. Your link to any such website is entirely at your own risk. We encourage you to read the terms and conditions and privacy policies of any third party websites when you access them.
6.2 Any dealings between you and any advertisers or merchants found on or via AMC Services, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold AMC liable for any loss or damage of any kind incurred as the result of any such dealings.
7. AMC’s Rights
7.1 Your use of the AMC Services is at your sole risk and you will be responsible for any damage or loss that results from your use. The AMC Services and content on them are supplied to you on an “as is” and “as available” basis. To the extent permitted by law, we make no warranties, express or implied, as to the content of AMC Services or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by users on the bulletin boards and chat forums (or similar) which are those of such users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and we are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on AMC Services. If you have any claim arising from the actions or statements of another user, you agree to pursue such a claim only against that user and not from AMC.
7.2 We will endeavour to provide AMC Services using all reasonable care. To the extent permitted by law, we exclude all implied warranties as to quality, accuracy or fitness and we do not warrant that the material contained in AMC Services, any of the functions contained therein and the service will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
(a) in the case of services supplied or offered by us, (i) the supply of the services again, or (ii) the payment of the cost of having services supplied; and
(b) in the case of goods supplied or offered by us, (i) the replacement of the goods or the supply of equivalent goods: (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.
7.4 AMC assuaames no responsibility for monitoring AMC Services for inappropriate contributions to AMC Services by users. We do not exert control over users of AMC Services. We are not liable either for users’ opinions or their behaviour nor do we give any endorsement of such. We reserve the right (although we have no obligation to do so) to monitor contributions and may respond to or comment upon communications by you and edit, refuse to post or remove the content from AMC Services in our absolute discretion. If at any time AMC elects, in its sole discretion, to monitor contributions on AMC Services, AMC nonetheless assumes no responsibility for any contributions, no obligation to modify or remove any inappropriate contributions and no responsibility for the conduct of any person who submitted the contribution (including without limitation by users and/or any information, comments and/or advice of any individual referred to as a guest or expert whose statements on AMC Service(s) are solely their own). No failure to remove particular material constitutes an endorsement or acceptance of it by us. AMC may reject, refuse to post or delete any contributions for any or no reason.
7.5 We reserve the right to co-operate fully with law enforcement agencies in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone using AMC Services in any way which violates any applicable or relevant laws.
8. Intellectual Property
8.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of AMC Services shall remain at all times vested in AMC or our licensors. You are permitted to use material and content supplied as part of AMC Services only as expressly authorised in writing by AMC or its licensors.
8.2 You acknowledge that by posting materials on AMC Services you grant to AMC and our licensors and assigns an irrevocable, perpetual, royalty free, unrestricted worldwide licence to use the materials within AMC Services and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, sublicensing and adapting and editing the materials. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of AMC and any other party authorised by AMC all moral rights and similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of ANC, you will execute and deliver to AMC such instruments and take such other action as may be required to carry out this grant of licence and waiver.
8.3 AMC and its content supplier platform providers may embed digital rights management security in the AMC Services or certain content on them, and/or use other technical content protection measures as required to protect the AMC Services and content on them from unauthorised access, and in order to meet obligations to third parties who own rights in the content. You must not, and must not authorise, allow or provide the means for others to, adjust or circumvent or try to adjust or circumvent these technical measures.
8.4 AMC respects third party intellectual property rights. If you are a copyright owner or agent thereof and you believe that any content on AMC Services infringes your rights, please contact us using the Contact Us page. When contacting us regarding potential copyright infringement, please provide the following information in writing: a. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; b. identify the copyrighted work which you claim has been infringed; c. identify the content on AMC Service(s) that you claim infringes your rights and explain the way in which it infringes your rights (eg copying of sound or video of your original work); d. sufficient contact information to allow us to contact you regarding your copyright infringement concern; e. a statement that you have a good faith belief that use of the content in the manner complained of is not authorised by the copyright owner, its agent, or the law; and f. a statement that the information in the notification is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
8.5 Please note however that we do not ordinarily accept unsolicited materials or ideas for content, and we are not responsible for the similarity of any of our content or programming in any media to materials or ideas submitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that, unless we expressly agree otherwise by way of signed contract, no additional consideration of any sort will be provided to you, and you are waiving any claim against AMC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
10. Content and Services Relating to Financial Matters
Except where expressly specified AMC’s content is provided for your information only and has been prepared without taking into account your objectives, financial situation or needs. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice suited to your specific circumstances prior to making any decisions. In particular none of our financial content is intended for trading or investment purposes and we and our content providers are not liable for any trading or investment decisions based on your use of this content. You should always seek independent financial advice and read the relevant product disclosure statement (PDS) or other offer document prior to making an investment decision about (including a decision regarding whether to acquire or continue to hold) a financial product.
11. Advertising and Dealings with Advertisers
11.1 AMC Services include advertising and promotional material provided by our advertisers. We do not recommend or endorse any advertiser, its products or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement. We are not liable for any advice provided by any of our advertisers. If you decided to purchase a product through our advertisers, you do this directly with them. We are not party to or liable for any third party conversations and transactions as a result of advertising on this website.
11.2 Some of the advertising and promotional material on the website may be in the form of content, including articles, sponsored and/or provided by our advertisers. In such cases we will clearly identify such content as advertising and identify the advertiser that has provided or sponsored that content.
11.3 We may serve advertising material, sponsored content or links to third party sites (“Lead Generation Ads”) on our website. A Lead Generation Ad may include a form that will prompt you to provide information that may include your name, contact details and certain relevant financial information. The provision of such information is strictly voluntary. This information will be then provided to the advertiser who may contact you directly to provide you with its services. We are not liable for any advice provided by the advertiser or any other action the advertiser may take.
11.4 From time to time we feature, promote or sponsor special events, competitions and other activities conducted by third parties on-line and/or off-line. We do not accept any responsibility for your participation. However there may be specific terms and conditions applicable to those activities and you should check these carefully.
11.5 Some advertisements and promotions may be aimed at consumers who are located in specific locations. As a result, the goods or services included in any such advertisements or promotions may not necessarily be available at or near the place where you are located whether for the price stated or at all. We make no representation or warranty with regard to the availability of such goods and services or the price for which those goods and services may be available in the area where you are located. You agree that you will make no claim or complaint against us or any of our related bodies corporate and that those parties will not be liable, solely on the basis that you were not able to acquire goods or services mentioned in an advertisement or promotion whether at the price stated in the advertisement or at all.
12. Children and Young People
12.1 The internet can be fun and educational, but it also contains material that is not suitable for children. Parents can help keep their children safe online in a number of ways:
(a) keep the computer in a public area of your home;
(b) educate children about the dangers of providing personal information to anyone online, especially in chat rooms; and
(c) visit the Office of the eSafety Commissioner’s website at https://www.esafety.gov.au and the Australian Federal Police’s website http://www.thinkuknow.org.au with your children, for more tips on staying safe online.
12.2 You are responsible for deciding whether or not content on AMC Services is appropriate for a child if you allow a child to access an AMC Service using your device. We may provide classification information for content available on AMC Services but only if required by law to do so and you accept full responsibility for informing and where appropriate safeguarding minor viewers from content that may not be suitable for their age.
13. Governing Law
14.1 Should you wish to make any comments to us about AMC Services or if you have any questions relating to AMC Services please contact us using the Contact Us page.
(a) include ‘Content Complaint’ in your subject line;
(b) give full details of the nature of your complaint and the content to which it relates, including the programme name, video title or article title;
(c) indicate when (date and time) and how (channel, website, app, via a link etc) you viewed the content; and
(d) include sufficient contact information to allow us to contact you regarding your complaint, including a valid name and email address or phone number.
Please note while we will not necessarily reply to all complaints, we will consider whether there are any grounds for taking action for each complaint received.
14.3 You agree that AMC is free to use any comments, complaints, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”) worldwide and in perpetuity for any purpose whatsoever including, but not limited to, creating, developing, manufacturing, modifying, improving and marketing products and services, without further compensation, acknowledgement or payment to you unless we expressly agree otherwise by way of signed contract. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
Last Updated on 15 October 2018.