Welcome to our website. These are our Terms & Conditions for use of the SuperFooty Forum on the http:/www.superfootyforum.com.au website (Site) which you may access in several ways, including but not limited to via the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.

Use of this Site

1. The Herald & Weekly Times Pty Ltd ABN 49 004 113 937 (‘HWT’,’ We’) is the owner and operator of this Site.  SuperFooty  Forum is powered by phpBB (hereinafter “they”, “them”, “phpBB software”, “www.phpbb.com”, ”phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” and can be downloaded from www.phbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what HWT allow and/or disallow as permissible content and/or conduct. For further information about phpBB Group, please see: hhtp://www.phpbb.com/.  phpBB Group is not affiliated with, or an agent of, HWT.

2. Users of this Site (“Users” or “you”) agree to be bound by these Terms & Conditions, which are subject to change at HWT’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time. By assessing “SuperFooty Forum” you agree to be legally bound by the Terms & Conditions. If you do not agree to be legally bound by all of the following terms then you must immediately cease accessing and using the Site. We may change these Terms & Conditions at any time and we’ll take reasonable steps to inform you of such changes. It would be prudent for you to review these Terms & Conditions regularly as your continued usage of “SuperFooty Forum” after any changes constitutes agreement by you to be legally bound by the Terms & Conditions as updated and/or amended. You must immediately cease accessing and using the Site if you do not consent to any updated or amended Terms & Conditions.

Intellectual Property

3. All intellectual property in relation to content on this Site belongs to HWT or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

4. You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by HWT. Unless expressly stated otherwise, you are not permitted to copy or republish anything you find on the Site without the relevant copyright or trade mark owner’s permission.

5. The Superforum logo, the logos of HWT, the logos of the News Digital Media Pty Limited (News) sites and the newspaper mastheads on the HWT and News sites are trade marks of HWT, News or its related bodies corporate. Other trade marks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trade mark or masthead displayed on the Site, without the express written permission of the relevant owner.

Liability & Indemnity

6. HWT and phpBB Group do not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at HWT’s sole discretion and without notice.

7. HWT, phpBB Group and their related bodies corporate, and each of their directors, officers, employees and agents will have no responsibility or liability to you for any loss (including, without limitation, direct, consequential, indirect or special loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with your use of or access to the Site.   Without limiting the foregoing, HWT, phpBB Group and their related bodies corporate and each of their directors, officers, employees and agents are not liable for any damage to your software or hardware arising from your use of or access to this Site.  

8. HWT and phpBB Group do not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that HWT or the server that makes it available, are free of viruses or bugs.

9. To the extent permitted by law, all representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Where liability for any implied condition or warranty cannot be excluded by law, HWT and phpBB Group‘s liability for any breach of such a condition or warranty is limited, at HWT or phpBB Group’s discretion (as relevant), to the supply of any service again or the payment of the cost of having any service supplied again.

10. You indemnify HWT, phpBB Group and their related bodies corporate, and each of their directors, officers, employees and agents, against any action, claim, loss or expense which it incurs or they incur which arises from your use of the Site.

Third Party Content & Links

11. This Site may include third party content which is subject to that third partys terms and conditions of use. Nothing on this Site is to be construed as granting any license or right for you to use that content.

12. This Site may include links to third party sites which are not related to HWT and in relation to which HWT has no control or interest. The appearance of those links on this Site does not indicate any relationship between HWT and that third party or any endorsement by HWT of that third party, its site or the products or services which it may advertise on this Site.

General

13. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Victoria.

14. Users will not use this Site for any purpose or in any way which is unlawful or which may infringe or interfere with the rights of any person.

15. If you require further information on controlling Internet access by minors, methods of minimising risks with online services (including personal safety and security), restrictions on prohibited online content, or how to complain about online content, please contact the Australian Communications and Media Authority on 1300 850 115 or visit www.acma.gov.au. Further relevant information may be found on the Australian Government NetAlert website - www.netalert.gov.au and the Cyber Smart Kids website (information for kids and parents) - www.cybersmartkids.com.au.

16.  HWT can be contacted at superfootyforum@heraldsunonline.com.au or (03) 9292 2022.

The Herald & Weekly Times Pty Limited ABN 49 004 113 937 (HWT) invites users (“you”) to provide HWT with various types of content for use within http:/www.superfootyforum.com.au (Site).  HWT can only accept your content if you register to use the Site and agree to comply with the terms and conditions set out below.

By registering to use the Site, and by posting content to the Site or otherwise using the Site, you agree to be bound by these terms and conditions, as they may be amended from time to time. 

You are responsible for any content posted by any other person who uses the username and password that will be provided to you.  You agree to keep the username and password confidential and secure from unauthorised access.  If you believe someone has obtained your password, you must immediately change the password via the Site.

Terms and Conditions for the Supply of Your Content

1. Your use of the Site is subject to the Superforum Website Terms and Conditions contained at http:/www.superfootyforum.com.au and the privacy policy at http:/www.superfootyforum.com.au (collectively, the “Other Conditions”).  To the extent of any inconsistency between the Other Conditions and these terms and conditions, these terms and conditions will prevail.

2. These terms and conditions are subject to change at the sole discretion of HWT.  The current version of these terms and conditions will be available on the Site.  If you do not agree with any amendments to the terms and conditions, you must not use the Site (and without limitation, must not post content to the Site).

3. The IP addresses of all posts are recorded by HWT and / or phpBB Group to aid in enforcing these terms and conditions. As a user you agree to your information (including your IP address) being stored by HWT and / or phpBB Group. While your IP address will not be intentionally disclosed to any third party without your consent unless required or permitted by law, neither HWT nor phpBB Group shall be held responsible for any hacking attempt or fraudulent actions of third parties which may lead to your IP address (or other stored information) being disclosed.

4. HWT may (but is not obliged to) determine, at its discretion, whether to publish (or remove from the Site) any of your content. You agree that HWT may use that content in any way at HWT’s absolute discretion, now and in the future.

5. You agree that HWT may at its discretion (but is not obliged to) edit, modify or restrict your content.

6. You acknowledge that HWT may use all intellectual property rights in any content posted by you anywhere in the world, in perpetuity, without restriction and without making payment to you, including without limitation, publication of that material in hard copy publications or in electronic media, using your content in advertising and promotional material for HWT and permitting others to do any of these, including when HWT and others receive payment for this. HWT may sub-license any rights in the content to any person on any conditions it determines.

7. You consent to any use of the content you post by HWT, or its affiliates or any third party sub-licensee which would otherwise infringe your moral rights in the content. Without limitation, this consent extends to allowing HWT or its affiliates or any third party sub-licensee to use your content without attributing you as the source of the content.

8. You warrant that:
(a) you are the author of your content and own all rights in relation to your content;
(b) you obtained your content in a manner which does not breach any laws or the rights of any person (including, without limitation, intellectual property rights);
(c) your content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) your content, your provision of your content to HWT and the use of the content by HWT or its affiliates or any third party sub-licensee, in each case as contemplated in these terms and conditions, does not breach any law (including, without limitation, laws relating to privacy, intellectual property and defamation) or the rights of any person, is not obscene and does not contain otherwise inappropriate content or content which may offend or vilify others, or which is in contempt of court;
(e) your content, at the time you send it to HWT, contains no virus or other code or material embedded in it which will have a negative impact on the Site or HWT’s services or infrastructure;
(f) your content is not being provided for a commercial purpose (and without limitation, you are not soliciting funds or promoting particular goods or services); and
(g) you did not forge any TCP/IP packet header or any part of the header information in any email or SMS.

9. HWT may in its absolute discretion exclude you from this Site, including (without limitation) for breaching any of these Terms and Conditions and may if it deems appropriate report you to relevant government and regulatory authorities.

10. The appearance of your content on this Site does not indicate any relationship between HWT and you or any endorsement by HWT of your content or you or any of the views expressed by you.

11.  You acknowledge that your use of online services and the posting of certain content on the Site may expose you, and others, to personal safety and security risks.  Accordingly, you agree that you will not post personal contact details about yourself or any other person on the Site.    

12. HWT and its affiliated companies, and each of their directors, officers, employees and agents will have no responsibility or liability to you for any loss (including, without limitation, direct, consequential, indirect or special loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with your use of the Site, your posting or reading of any content, or any use by HWT or any other person of your content, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

13. On providing your content to HWT for publication in any media, you indemnify HWT, its affiliates and any third party sub-licensees (including all officers, employees and agents of all of those entities) (Indemnified Parties) against any damage or loss suffered by any of the Indemnified Parties arising, in whole or in part, as a result of:
(a) the publication by HWT or a person permitted by HWT of your content; 
(b) a breach by you of these terms and conditions; or
(c) any claims made by third parties relating to your content.

14. When you provide HWT with your content HWT will collect certain personal information about you. For details of the information we collect and its uses please see our privacy policy at http:/www.superfootyforum.com.au. Despite anything in that policy, however, we will not use your personal information collected in relation to you sending us your content to contact you with marketing offers, nor pass that information to our related companies for that purpose, however we may contact you for other reasons relating to your use of the Site or the content you have submitted.

15. These terms and conditions shall be governed by the laws of the state of Victoria. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

16. Nothing in these terms and conditions will limit the terms and conditions of use which apply to other HWT or News Limited sites or other services.

17.  If you require further information on controlling Internet access by minors, methods of minimising risks with online services (including personal safety and security), restrictions on prohibited online content, or how to complain about online content, please contact the Australian Communications and Media Authority on 1300 850 115 or visit www.acma.gov.au.  Further relevant information may be found on the Australian Government NetAlert website - www.netalert.gov.au and the Cyber Smart Kids website (information for kids and parents) - www.cybersmartkids.com.au.

18.  HWT can be contacted at superfootyforum@heraldsunonline.com.au
or (03) 9292 2022.