The Val Morgan Cinema Network website www.valmorgan.com.au (“the Web Site”) is owned and operated by Val Morgan & Co (Aust) Pty Ltd ABN 28 004 806 857 (“VAL MORGAN”).
Your access to the Web Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this disclaimer notice and anywhere else in the Web Site (“the Terms”). Your access to the Web Site constitutes your agreement to the Terms. VAL MORGAN reserves the right to change the Terms at any time.
VAL MORGAN makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided “as is” without express or implied warranty of any kind. VAL MORGAN disclaims (to the full extent allowable by law), all warranties with regard to this information. VAL MORGAN shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with your access to the Web Site or the use or performance of information contained in it.
Neither VAL MORGAN nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
VAL MORGAN accepts no responsibility for your actions if you act contrary to any of these Terms, and you agree by accessing the Web Site to indemnify and hold harmless VAL MORGAN and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against VAL MORGAN by any person arising from or in consequence of such an action, and from and against any damage, loss, cost or expense suffered or incurred by VAL MORGAN as a direct or indirect consequence thereof.
All information, text, images, graphics, software and advertisements contained in the Web Site are protected by International and Australian Copyright Law, and all rights are reserved. All material on the site is presented for your information only, and you are not permitted to copy, download or utilise material in any way except where reasonably necessary to access the Web Site and on the following conditions:
a) You may retrieve, review or download the material for your personal information and entertainment only.
b) You may save a local copy of or print material from it for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for its use. All commercial exploitation of Web Site material is expressly prohibited.
c) Any copyright notice or mark appearing on any material on the Web Site must be included on any copy you make.
d) You must keep all material intact and in the same form as presented on the Web Site; you may not modify it without the express permission of VAL MORGAN.
e) You must not use the Web Site or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of VAL MORGAN or any other owner of any rights in the material contained in the Web Site.
5. Trade mark
The VAL MORGAN logo is a registered trade mark of Val Morgan & Co Aust (Pty) Ltd and it may not be used without the prior specific and written permission of VAL MORGAN. No other trade mark appearing in the Web Site may be used without the prior specific and written permission of the trade mark owner.
6. Comments box and other interactive facilities
Your use of or participation in any interactive facility associated with the Web Site constitutes your agreement that you will not, while doing so:
a) Post or transmit any illegal, threatening, abusive, defamatory, obscene, pornographic or indecent information or material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so.
b) Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, performance, moral or copyrights unless you have first obtained the express permission of the relevant right holder.
c) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus.
d) Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material), except for legitimate e-commerce functions to be performed by registered users.
e) Delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in the Web Site or posted or transmitted on any interactive facility.
f) Download or post any material, which you know or ought to know cannot be legally distributed. VAL MORGAN reserves the right to refuse access to any person or edit or delete material posted by any person for any reason without notice.
Notwithstanding its right to supervise or actual supervision of interactivity, VAL MORGAN has no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility for any contents therein including, but not limited to, responsibility for any defamatory material.
By participating in any interactivity on the Web Site, you grant to VAL MORGAN a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, sell, adapt, transmit, publish and/or broadcast, publicly perform and display any information or material placed by you on the Web Site. Your licence will be by reference to the material placed by you on the Web Site.
You expressly waive in favour of VAL MORGAN and any other party authorised by VAL MORGAN all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire.
At the request and expense of VAL MORGAN you will execute and deliver to VAL MORGAN such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
The Web Site may contain hyperlinks to Internet web sites operated by third parties. VAL MORGAN is not responsible for the content of any linked web site or any hyperlink contained in the linked web site. The inclusion of any link does not imply any endorsement of the linked web site by VAL MORGAN. Any link within the Web Site, which takes you to a third-party web site should only be clicked on entirely at your own risk. VAL MORGAN does not endorse or in any way adopt representations made by advertisers on the Web Site or any linked web site, nor are any offers made by such advertisers or web site operators also made by VAL MORGAN.
8. Governing Law
This agreement between you and VAL MORGAN will be governed by the Laws of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
Personally identifying information may also be gathered by VAL MORGAN from contest registration, content submissions, community postings, suggestions, voting activities, comments boxes, e-commerce and transactional areas.
Any personally identifying information collected by us will not be sold or otherwise transferred to third parties not affiliated with VAL MORGAN without the approval of the person from whom the information is obtained.
By providing your personally identifying information to VAL MORGAN you agree that it may be used for any of the following purposes:
a) Communicate with you and keep you informed of contests, upcoming activities and events by any means including email, post and telephone.
b) Deliver to you VAL MORGAN services and to facilitate any e-commerce transactions.
c) Perform statistical analysis of user activity and characteristics in order to measure interest in and use of the various areas in the Web Site.
d) Inform others, including our clients, of any statistical data, as well as the number of users who have been exposed to or have clicked on any particular areas in the Web Site.
e) Publish via email newsletter or on the Web Site your name if you are a winner in any of our competitions.
This policy is not intended to and does not create any contractual or other legal relationship or obligation by or with VAL MORGAN.
10. Competition Terms and Conditions
1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Promotion commences Tuesday 28th January 2020 and final entries close Friday 7th February 2020 at 5pm AEDT (“Promotional Period”).
a) Entry is only open to authorised representatives (“Eligible Entrant”) of businesses operating in Australia (“Eligible Business”). For the sake of clarity, more than one (1) Eligible Entrant may enter from an Eligible Business. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
b) To enter, an Eligible Entrant must, during the Promotional Period, visit www.valmorgan.com.au, follow the prompts to become a member of the Val Morgan website and receive Val Morgan newsletters.
4. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s place of employment) and reserves the right, in its sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
5. Incomplete, indecipherable or illegible entries will be deemed invalid.
6. Only one (1) entry permitted per Eligible Entrant.
7. For a competition that is a game of skill, in the event that there should be more than three (3) entrants who have answered all questions correctly, then there will be a draw for the winner
8. The draw will take place at Val Morgan & Co (Aust) Pty Ltd, Level 50, 680 George Street, Sydney NSW 2000 on 26/02/2019 at 12pm AEDT. The winners will be notified in the Popcorn Newsletter on 4/03/2019. The Promoter’s decision is final in relation to all aspects of this promotion and no correspondence will be entered into.