The Network Ten http://www.ten.com.au/ Web Site ('the Web Site') is owned and operated by Network Ten Pty Limited ACN 052 515 250 ABN 91 052 515 250 ('TEN').  These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Web Site (’You’) and TEN and the producer of the television program “The Project” (‘Program’) Roving Enterprises Pty Ltd ACN 086 988 749 ABN 23 086 988 749 (‘Producer’) for TEN.

1. Terms

Your access to and use of the Web Site is conditional upon Your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in these Terms and Conditions and anywhere else in the Web Site ('the Terms'). By accessing and/or using the Web Site You indicate Your acceptance of the Terms. TEN reserves the right to change the Terms at any time, and Your continued access/use of the Web Site after such change constitutes acceptance of the changes by You. You should check the Terms from time to time for that reason.

2. Disclaimer

2.1 Except where expressly stated, neither TEN nor the Producer make any 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.

2.2 Other than warranties and conditions implied by relevant legislation including the Trade Practices Act 1974, the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void ("Non-excludable Condition"), each of TEN and the Producer exclude all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site. 

2.3 If TEN or the Producer is liable to You arising from a breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974), each of TEN and the Producer limit their respective liability to You for that breach, at their option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred.   Other than liability for any Non-excludable Condition, each of TEN and the Producer exclude all liability for any damages whatsoever including without limitation any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of the Web Site or the use or performance of information contained in it.

2.4 Neither TEN nor the Producer or any of their employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
 
2.5 There may be occasions where certain areas of the Web Site contain adult or mature content. In those circumstances, You must be at least 18 years of age to access and view such areas. By clicking "I Accept" (or providing other appropriate form of acknowledgement as required) where indicated before entering certain parts of the Web Site You certify that You are 18 years of age or older.

3. Indemnity

3.1 Neither TEN nor the Producer accept any responsibility for Your actions or omissions, and You agree by accessing and/or using the Web Site, to indemnify and hold harmless each of TEN and the Producer and their related bodies corporate, employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against TEN or the Producer by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by TEN or the Producer as a direct or indirect consequence thereof, including in relation to any content or material You contribute to the Web Site (eg through blogs, chat rooms or forums).

3.2 You agree that TEN and the Producer may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of Your activities in relation to the Web Site, including providing any and all information held by TEN or the Producer, including Your personal or other details, to those authorities and law enforcement agencies.

4. Intellectual Property Rights

4.1 All content and functionality, including all information, text, images (moving and still), graphics, sound, stories, competitions, software and advertisements contained in the Web Site ("material") are protected by International and Australian law, including Copyright and Trademark Law, and all rights are reserved. Except where expressly stated all material on the Web Site is presented for Your information and entertainment only, and You are not permitted to download or reproduce any material except when reasonably necessary to access and/or use the Web Site. When You access the Web Site, You agree that You do so on the following conditions:

(a) Except as noted above, You may access, use, retrieve, or review the material for Your personal information and entertainment only.

(b) You may save a local copy of or print material from the Web Site for Your own personal information or entertainment, and to inform others about it, but You may not charge any fee for any use and all commercial use or exploitation of any material on the Web Site 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 TEN.

(e) You must not reproduce, communicate, republish or otherwise make available any material from the Web Site on the Internet or by any means including by other publicly accessible media (eg, newspaper, television or radio) without the specific written consent of TEN.

(f) 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 TEN, the Producer or any other owner of any rights in the material contained in the Web Site.

4.2 These Terms replace entirely any implied licence terms that might otherwise apply to the material on this Web Site. TEN and the Producer explicitly prohibit use of the material on this Web Site in any manner other than as expressly licensed in these Terms. Notwithstanding the above, educational institutions may download audio or audio-visual program material solely for their educational purposes under the terms of Part VA of the Copyright Act, 1968. For more information educational institutions should contact Screenrights (licensing@screenrights.org)  Activities You must not engage in include:

(a) making a copy, modification, adaptation or reselling or redistributing any material on this Web Site;

(b) any commercial use of material on this Web Site, unless such use is authorised in writing by TEN and the Producer;

(c) any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Web Site;

(d) any use of or access to the Web Site by any automatic tool, including "spiders", "crawlers", "robots" or offline browsing tools; or

(e) any access or use of the Web Site by any means that is contrary to the commercial interests of TEN or the Producer (eg, to facilitate a means of encouraging users of the Web Site to use another website offering services similar to those on the Web Site).

5. Trademark

The TEN logo and trade marks are registered trademarks of TEN and may not be used without the prior specific and written permission of TEN. No other trademark appearing in the Web Site, including without limitation the Skype trademarks and any trademarks associated with the Program, may be used without the prior specific and written permission of the trademark owner.

6. Registration

6.1 You agree to provide true and accurate information about Yourself as prompted by the registration form ('Registration Information') and promptly update any such Registration Information. You may only register once and You must not register, or attempt to register, more than once or attempt to achieve registration of more than one membership for Yourself (eg by applying for multiple registrations or memberships by using different email addresses for the same person). When You register, You must provide Your real name and any other such details as requested on the registration form.

6.2 If You provide any information that is untrue, inaccurate or inappropriate or TEN has reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate or that You have registered, or attempted to register, more than once, TEN has the right to suspend, terminate, lock or delete Your membership registration.  TEN accepts that You may make a mistake when registering information about You, and that You will need to correct such mistakes.  However, TEN may suspend, lock, terminate and/or delete Your membership if certain details about You (eg, Your age) are changed on more than one occasion.

6.3 These Terms will be supplemented by any specific terms and conditions for individual competitions or promotions that You may enter on the Web Site or on any other Ten web site.

6.4 You are responsible for maintaining the confidentiality of Your password. You agree to immediately notify TEN of any unauthorised use of Your password or any other breach of security.

6.5 TEN may refuse Your registration request for any reason, including if You attempt to associate the same email address with more than one membership (irrespective of whether an existing membership is inactive or has been deleted, locked or suspended) or if TEN has reasonable grounds to suspect that You have registered, or attempted to register, more than once.

7. Comments box and other interactive facilities

In relation to Your use of or participation in any interactive facility associated with the Web Site (eg blogs, chat rooms and forums) You agree to the following:

7.1 You are legally responsible for all content You submit to the Web Site.

7.2 All content and material published on the Web Site is at the discretion of TEN and the Producer. TEN and the Producer reserve the right to refuse access to any person or edit or delete material posted by any person for any reason without notice.

7.3 TEN or the Producer may in its absolute discretion remove, alter or block any material submitted to the Web Site by You, and TEN may terminate, suspend or restrict Your access or use of part or all of the Web Site.

7.4 Under no circumstances will You post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years.

7.5 You will not:

(a) Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent 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 copyright unless You have first obtained the express permission of the relevant right holder.

(c) Post or transmit any material that is false or misleading.

(d) Post or transmit any material that is inappropriate or of nuisance value.

(e) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus.

(f) 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.

(g) Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Web Site or posted or transmitted on any interactive facility.

(h) Download or post any material, which You know or ought to know cannot be legally distributed.

(i) Post or transmit any material on behalf of a suspended member. If this occurs, TEN reserves the right to lock, suspend or terminate Your membership.

7.6 Notwithstanding its right to supervise or actual supervision of interactivity, neither TEN nor the Producer has any obligation whatsoever to monitor interactivity or supervise interactivity in any way and neither TEN nor the Producer accept any responsibility or liability for any contents therein including, but not limited to, responsibility for any defamatory material or for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Web Site.

7.7 You warrant that You are the owner of, or are licensed to use, all intellectual property rights in, and that no third party intellectual property rights will be infringed by, any material placed by You on the Web Site.

7.8 You grant to TEN and the Producer a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, communicate, publicly perform and display any material placed by You on the Web Site by any means in any media, including without limitation in the Program and related publicity. Your licence will be by reference to the material placed by You on the Web Site.

7.9 You consent to each of TEN and the Producer doing all things to any material You place on the Web Site, including reproducing, transmitting, publishing, modifying or altering such material, and without attribution of authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material.

7.10 At the request and expense of TEN or the Producer You agree to do all things necessary or desirable, including executing other documents, to give effect to these Terms, eg signing all documents in relation to intellectual property rights and moral rights.

7.11 You consent to Your personal information being used and/or disclosed for any reasons given to You by TEN in relation to the collection or use and disclosure of Your personal information.  For example, You consent to TEN using and disclosing Your personal information for the purposes of sending marketing or other promotional material to You.  Notices that may be sent to You include emails that confirm Your registration with the Web Site, as well as any other notice related to TEN's operation of the Web Site.

8. Skype

8.1 TEN and the Producer propose to invite, at their discretion, registered users of the Web Site to provide their comments on news stories and issues nominated by the Producer using the call facility known as Skype, (audio and vision) to be recorded for possible broadcast on the Program and/or inclusion on this Web Site (‘Skype Call Recordings’).

8.2 If You wish to be considered for a Skype Call Recording, in addition to complying with the Terms, which Terms are hereby deemed to apply to any comments, information or other material recorded as part of Skype Call Recordings as if it was material placed by You on the Web Site, You also agree as follows ("the Additional Terms"):

(a) You must register through Skype and observe all the terms and conditions applicable to the use of Skype, including those relating to technical capabilities.  You agree that neither TEN nor the Producer is responsible or liable for any loss or damage of any kind incurred as a result of Your participation in Skype Call Recordings.

(b) By entering your Skype details on the Web Site, You consent to TEN and the Producer using any Skype Call Recordings of You, including any edited versions, and information about You on the Website, in the Program, related publicity and otherwise within the absolute discretion of TEN and the Producer world-wide in perpetuity in any media without any restrictions and without any remuneration or other benefit to You.

 (c) You agree to observe the following recording protocols:
 
(i) You will be available to record Your comments in a quiet location and You will ensure that all mobile phones, radios and televisions and similar telecommunication devices will be turned off prior to the commencement of the recording.
(ii) You will dress in plain clothing which is not revealing; solid colours, no stripes, spots or patterns.
(iii) You will not eat, drink or smoke.
(iv) You will ensure that no advertising logos or slogans and no promotional material for any organisation, (including charitable organisations) good or service, whether on Your clothing or otherwise, will be visible to the camera.
(v) You will ensure that no tobacco products or alcohol will be visible to the camera.
(vi) You will follow all other lawful instructions given to You by the producers of the Program.

(d) TEN or the Producer may set age limits on participation on Skype Call Recordings from time to time and reserves the right to request proof of age.  Identification considered suitable for verification is at the discretion of Ten or the Producer.

9. Dealings with Third Parties

Any dealings between You and third parties (eg affiliates and associates of TEN or the Producer) through the Web Site, such as participation in promotions of advertisers and its terms, conditions, warranties or representations, are solely between You and such third party and You agree that neither TEN nor the Producer is responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as the result of the presence of the third parties on the Web Site.

10. Hotlinks

The Web Site may contain hyperlinks to Internet web sites operated by third parties (eg associates and affiliates of TEN or the Producer). Neither TEN nor the Producer is responsible for the contents of any linked web site (including any goods or services offered or supplied through such a 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 TEN or the Producer. Any link within the Web Site, which takes You to a third-party web site is clicked on entirely at Your own risk. Neither TEN nor the Producer endorses or in any way adopts 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 TEN or the Producer.

11. Termination

You agree that TEN or the Producer may in their absolute discretion terminate or suspend Your password or registration, remove, alter, block, suspend or not use any content on, or that You submit to, the Web Site or the Program (including without limitation any Skype Call Recordings), for any reason with or without notice. Neither TEN nor the Producer will be liable to You or any third party for any such action, including termination of Your registration.

12. Notices

Notices to You may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Web Site.

13. Comments and Complaints

TEN has a variety of complaint handling mechanisms. Details about how to lodge a complaint can be found at Contact Us

14. Governing Law

The Terms and the Additional Terms constitute the entire agreement between You and TEN and the Producer and will be governed by the Laws of New South Wales, Australia. If any provision of the Terms or the Additional Terms are 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.

15. Privacy Policy

Personally identifiable information may be gathered from Web Site registration, contest registration, content submissions, community postings, suggestions, voting activities and transactional areas. Such information is subject to TEN's Privacy Policy. For more information, please see our full Privacy Policy. In general, Your information will not be sold or otherwise transferred to third parties not associated or affiliated with TEN without Your approval being obtained. By providing information in such a manner You agree that it may be used for the purposes for which it is sought (for example, for the delivery of e-mail services or e-commerce transactions). You consent to TEN forwarding personally identifiable information that is gathered to research agencies for the purposes of conducting surveys on TEN's behalf.

This page last updated:  28 July 2009
For further information about the Terms Contact Us