TERMS OF USE

This document governs the relationship between you and MTV when you use our online services.

TERMS OF SERVICE

We provide our online services to you subject to the following terms and conditions. You must read these terms and conditions before using the online services. By using the online services you agree to be bound by the terms and conditions set out below, which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any further guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the online services.

1 DEFINITIONS

'Contract' means this agreement; 'Information' means all material delivered by us through the Website;

'Registration means the form you must complete in order to Form' receive newsletters, participate in any MTV online competition and/or register on the Website for any other reason;

'Registration means all personally identifiable information collected Information' by us when a user registers on the Website and/or participates in any MTV online competition and/or registers for any other reason;

'Service' means the provision by us to you of access to the Information through this Website;

'we', 'us', 'our' means MTV Networks Australia Pty Limited of 4-16 Yurong St, East Sydney, NSW 2010, Australia ABN 18 107 601 418;

'Website' means the relevant website situated at www.mtv.com.au and any sub-sites controlled and operated by us; and

'you', 'your', means you, the Service end-user. 'yourself'

2 REGISTRATION, PASSWORD, SECURITY AND USE

To sign up to access all areas of the Website, you must complete the online registration process by clicking on the 'Join' button and providing us with true, accurate, current and complete information about yourself (as prompted by the Registration Form). You will need to submit various details including your name and email address and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and other account details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 2. If you provide any information that is untrue, inaccurate, or not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Website and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

3 DISCLAIMER OF WARRANTIES

The Service is provided on an 'as is' and 'as available' basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose.

You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.

You further acknowledge that some of the Information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such Information.

We will not be liable to you for failures, defects or delays in the Service in any circumstances, including without limitation where: (a) you have provided incorrect information in connection with the Service; (b) you accidentally erase an element of the Service provided to you; or (c) your failure to comply with the instructions for use of the Service as explained by us.

4 LIMITATION OF LIABILITY

You agree that to the extent permitted at law and except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Contract or the use or performance of the Service or Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

5 RIGHTS GRANTED/ RIGHTS RESERVED

We provide the Information to you solely for your personal, non-commercial purposes and you may download the Information onto only one (1) computer hard drive for such purposes. The Information may not be used for any other purpose including without limitation, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.

All rights not expressly granted are reserved to us.

6 USER CONDUCT

We provide the Service to you solely for your personal, private use. You undertake not to use the Service:

(a) for any unlawful purpose;

(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;

(c) in any way that may damage or disrupt another user's computer;

(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;

(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;

(g) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);

(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;

(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an MTV employee, manager, host or another user; or

(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, 'junkmail', 'spam', 'chain letters', 'pyramid schemes' or any duplicative or unsolicited messages.

Notwithstanding this, we do not control the content posted by you or other users of the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Furthermore, whilst we make every effort to test and check Information and content on the Website, we recommend that you run anti-virus programs on any Information and/or content obtained via the Service.

Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.

You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.

7 PARENTAL RESPONSIBILITY

We are concerned about the safety and well being of all our users, but children in particular. Parents who allow their children to use the Service should take care to supervise and assist their children. We remind you that the Service is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas of the Website are suitable for your child.

8 INDEMNIFICATION

You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature and content of Information and programs transmitted or received by you or others who use the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.

9 INTELLECTUAL PROPERTY

You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service, Information and the Website shall remain vested in us or our licensors.

10 SUSPENSION AND TERMINATION

We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit or we reasonably believe you have committed a breach of these terms and conditions or if we are legally required to do so.

11 COMPETITIONS

When entering a specific competition we will alert you to any particular rules and/or restrictions applicable to that competition. Please click on the relevant links and ensure that you read all competition rules before entering any competition.

12 USER PRIVACY

If you want to amend your Registration Information or add or remove your name from an SMS, newsletter or other distribution list (which you have subscribed to on the Website), you can click on the 'Update Your Details' link when logged in on the Website and amend your profile accordingly.

If you want to remove all of your information from our database, you may do so by sending an email to enquiries@mtv.com.au specifying your name, email address and telephone number.

Please read our privacy policy in regards to our treatment of the Registration Information and/or any other personal information relating to you that we collect in the course of providing the Service. Additionally, you may ask questions about privacy issues by sending an email to enquiries@mtv.com.au

13 MTV MOBILE SERVICES

Click here for information on our mobile services and additional terms and conditions applicable when users interact with us via mobile devices/SMS (for example, when entering competitions or registering a vote).

14 OTHER WEBSITES

This Website may contain links to other websites which are not controlled by us. This Contract only applies to your use of this Website and the Service and we shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website or its content.

15 CHANGES TO THIS CONTRACT AND THE SERVICE

We reserve the right to change the terms and conditions of this Contract from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.

16 SEVERABILITY

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

17 NO WAIVER

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

18 CHOICE OF LAW AND JURISDICTION

This Contract shall be governed by the laws of the state of New South Wales Australia and by the exclusive jurisdiction of the courts of that state.

These Terms and Conditions were last updated on 16th May 2007.

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MTV Networks Australia Privacy Policy

We are committed to protecting our users' privacy. Keeping the information you share with us on the Site secure and ensuring your understanding of how we collect, use and maintain your information is important to us at MTV Australia.

We maintain physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your information. We continually assess new technology for protecting information and, when appropriate, we upgrade our information security systems.

Because of its importance and to make it easier for you to find and review it, we have made this Privacy Statement into a separate document on the Site. However, bear in mind it is a part of our agreement with you and the terms and conditions contained in our Terms of Use describe how and when we may make changes to these statements and terms, and how they become binding upon you. We again remind you to check back here and to our Terms of Use often to be sure you remain mindful of the terms and conditions that apply to you when you use the Site.

Disclosure (General): Although your privacy is very important to us, in this legal and technical environment, we cannot fully ensure that your personally identifiable information will not be disclosed to third parties. Please see 'Disclosure to Third Parties,' below, for more information.

Overview: This Privacy Statement is intended to explain our privacy practices and inform you as to:
    the kinds of information we collect from users of the Site and how that information is collected;
    how we use the information;
    the circumstances under which we disclose information to third parties;
    how you can access, update or delete any information collected about you by us; and
    the mechanisms we have implemented to protect your personally identifiable information.
You can visit the Site and learn about our company and its Products, as well as certain goods and services available from our advertisers and suppliers.

Personally Identifiable Information: When we use the term 'personally identifiable information' we mean information such as your full name, street address, town or city, state, post code, telephone number, date of birth, e-mail address and any other information that would allow someone to identify you or contact you.
Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, personally identifiable information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information.
We collect personally identifiable information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in Promotions or in the course of any other exchanges of information, transactions and activities.
We may use the information we obtain from you, including personally identifiable information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.
Some features and functions of the Site require you to register or obtain our permission before you can use them - for security, identification and marketing reasons, among others - and as part of that process we may ask you to provide us with certain personally identifiable information. In addition, during the registration process we will also ask you to select (or we may provide) a user ID and password (we will allow you to change your password, as well as any personally identifiable information you have given us in order to keep this information current). Among other things, this information helps us securely identify you as a registered or permitted user of those features and functions.
Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
If you are a registered user, you also acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site and its functions and features, in connection with your registration and use of the Site.

Cookies: We use 'cookie' technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:
    keeping count of your return visits to the Site or our advertisers' or partners' sites;
accumulating and reporting aggregate, statistical information in connection with the Site;
    determining which features users like best; and
    saving your user ID, or other information so you don't have to re-enter it each time you visit the Site.

Third Parties on our Site: Our Site may contain advertisements, references and links to other websites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party advertising companies employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules may apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other web sites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours, and even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and we encourage you to investigate and ask questions directly of them in this regard.

Disclosure to Third Parties: Except as described in this Privacy Statement, MTV Australia uses good faith efforts not to provide third parties with access to your personally identifiable information. We will, however, make your personally identifiable information available to others:
    When we have your consent (you 'opt in') to do so, in which case their use of your information is subject to their own privacy policies;
    When we have retained companies to work with or on behalf of MTV Australia to provide Products, goods or services that you have requested;
    When you use co-branded services - in which case you are giving us permission to pass any personally identifiable information you provide in the context of our co-branding and marketing relationship, back to our co-branding partner. Their use of your information is subject to their own privacy policies;
    When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
    if we believe your actions violate any law, regulation, our Terms of Use or any of our guidelines for promotions, Product offerings or any other features or functions of the Site, or if you threaten the rights, property or safety of MTV Australia, its suppliers, advertisers, other customers or users, or any other party;
    as and when we, in our sole discretion, believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
    in the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us.

It is also possible that third parties may unlawfully intercept or access transmissions or private communications.
We do not sell or market your personally identifiable information to unaffiliated organizations.
Some of the aggregate customer data we collect may be shared with advertising companies in order to enhance and improve the operation and relevance of the Site, but we do not give any personally identifiable information to them as part of this relationship. Use of their tracking technology is subject to their own privacy policies.
Communications from Us: If you provide us with your e-mail address and telephone number, we may send you an e-mail or call you if you're shortlisted to win or have won our contests or you have consented to us sending you information. Summary: Our privacy guidelines are designed to ensure that we:
    collect and use your personally identifiable information only as necessary to deliver high quality service, to administer our business and to let you know of goods and services that are available from our family of companies;
; protect the personally identifiable information the Site's users share with us, maintaining strict standards of security and confidentiality. In this regard we even limit access by our own employees to those individuals who are trained and advised in the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes;
    not disclose your personally identifiable information to any external organization, except as we have described in this Privacy Statement or unless we have previously obtained your consent ('opt in');
    require any other organization that we retain or engage to provide services for us, to conform to our privacy standards and to allow us to audit them for compliance;
    exchange information about you and carry out credit approvals or checks necessary for your purchases of Products from us, to prevent fraud and any other activities we may be required to monitor and report under applicable laws and regulations; and
    make every effort to keep your personally identifiable information complete, up to date, and accurate based on the information you provide us. Our Site provides a convenient and easy to use mechanism to allow you to access and update the personally identifiable information you give us.

Sole Statement: This privacy statement is the sole statement of MTV Australia's privacy policy with respect to the Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.