The Medianet "Widget" (as defined below) is software tool that you may place on your website or webpage to allow visitors to your website to access and view content provided by us, our affiliates and suppliers. These Widget Terms of Use (Terms) govern your use of the Widget.
In these Terms, "Medianet", "we", "our" and "us" refers to Medianet, a business division of Mediality Pty Limited ABN 88 006 180 801, of 2 Holt St, Surry Hills, NSW 2010, Australia.
By using the Widget, you accept these Terms, which constitute a binding agreement between you and us. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. By using the Widget, you accept and agree to the terms of our Privacy Policy, available at http://www.medianet.com.au/privacy-policy/, which you acknowledge you have read and understood. If you do not accept these Terms, you must not use the Widget. We may change these Terms, or our Privacy Policy, at any time with or without notice by posting a revised version on our website located at www.medianet.com.au (the Site). You are responsible for checking the Site regularly for any new Terms. Your continued use of the Widget after the effective date of a revised version of these Terms constitutes your acceptance of these Terms. If you do not agree to the new Terms, you must stop using the Widget and remove the Widget from your website or webpage.
Widget and Content
As used in these Terms, "Widget" includes all files and images incorporated in, or generated by, the Widget, and any data and html embedded code that accompany the Widget, and any upgrades, enhancements, modifications, updates and revisions to the Widget. "Content" includes without limitation all trade marks, service marks, logos, brand names or trade names used to identify us, our affiliates and suppliers, and the products and services that are served by the Widget (Marks), and headlines which link to stories and other content retrieved from our servers or our suppliers' servers. If you object to any of the Content for any reason, you must stop using the Widget and remove it from your website or webpage.
Licence
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, personal, royalty-free licence to download and display the Widget and display the Content (including the Marks) on any website or webpage controlled by you. For the avoidance of doubt, you may not make the Widget available on any third party website or webpage not controlled by you.
Restrictions on use
You agree that the Widget and the Content (including the Marks) are for your personal and non-commercial use only as permitted by these Terms. You may only use the Widget on platforms which provide a functional link that, when accessed, takes the user directly to the relevant Content.
You may not:
- charge a fee for the use of the Widget without our express written approval;
- commercialise any information, products or services obtained from any part of the Content without our express written approval;
- decompile, reverse engineer, modify or alter the Widget;
- modify, obscure or interfere with the display of any Content or Marks displayed by the Widget;
- display the Widget in a manner that does not permit successful linking to, redirection to, or delivery of the Content;
- insert any intermediary page, splash page or other content between the Widget and the Content;
- display the Widget on any site that includes content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate at we determine in our sole discretion;
- use the Content in any manner that would constitute an endorsement (express or implied) by any person of any product, service, activity or brand contained on your website or webpage;
- collect information about users who access the Widget, without their consent;
- sublicense, reproduce, republish, post, transmit, sell, offer for sale or redistribute the Widget or the Content in any way without our express written approval; or
- use the Widget in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms.
Intellectual property
Except as expressly provided in these Terms, all right, title and interest (including copyright) in and to the Widget, the Content and the Marks shall remain the exclusive property of Medianet and our licensors and suppliers.
You have no right, title or interest in or to the Widget or the Content (including the Marks), except as expressly provided under these Terms. You acknowledge that the information contained in these Terms or accessed through the Widget (including the Content and the Marks) is the valuable proprietary information of us and/or our licensors and all right, title and interest (including copyright) in such information, the Widget and the Content (including the Marks) belongs to us and/or our licensors and suppliers.
Disclaimer of Warranty
We do not represent or warrant that either the Widget or Content is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid. The Widget and Content are provided "as is" with no warranty, express or implied of any kind. We expressly disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding the Widget and any Content accessed through the Widget, including without limitation any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. You acknowledge that you use the Widget and Content entirely at your own risk, and that you will be solely responsible for any damages to any computer system or any loss of data that results from use of the Widget or Content.
Limitation of our liability
To the maximum extent permitted by law:
- all terms, conditions, warranties, statements or representations by us (whether express, implied, written, oral, collateral, statutory or otherwise) in connection with the subject matter of these Terms which are not expressly set out in these Terms are excluded, and to the extent they cannot be excluded, we disclaim all liability that we may have in relation to them; and
- you must not make any claim, demand, action or proceeding (Claim) under or in connection with the Widget, the Content or these Terms unless it is based solely on and limited to the express provisions of these Terms.
To the maximum extent permitted by law, you release Medianet, its officers, directors, employees, agents, affiliates, contractors, professional advisers, representatives, licensors and suppliers (the Medianet Parties) from all Claims, whether in contract, tort (including negligence), statute, or otherwise, and all damage, loss, liability or cost (Loss) of any kind which arise in connection with any use of the Widget or the Content including without limitation any failure, unavailability, downtime, disruption, interruption, delay, malfunction, inaccuracy, errors or omissions or any other non-performance of, or related to the Widget or the Content.
We are not liable for any Loss (including any indirect, consequential or economic loss, loss of profits or revenue, loss of production, loss of use, loss of goodwill or loss of opportunity) which does not flow directly, naturally and in the usual course of things from that breach, whether or not we are advised of the possibility of that Loss.
Our liability, if any, in relation to the supply of a service not of a kind ordinarily acquired for personal, domestic or household use or consumption, is limited, at our option, to the supplying of the service again or payment of the cost of having the service supplied again.
Your indemnity
You indemnify the Medianet Parties against all damage, loss, liability or cost incurred by us arising out of or connected with any breach by your of these Terms or any applicable laws or the rights of any person or entity. You agree that each of the Medianet Parties is entitled to the benefit of the indemnity, which may be enforced by us on behalf of any of them. We hold on trust for those people, jointly and severally, the benefit conferred by this clause.
Support updates
We may offer upgrades or updates to the Widget in our sole discretion. We may change, suspend or discontinue any aspect of the Widget at any time without notice to you.
Monitoring
You acknowledge and agree that we may use may use cookies, web beacons, or other similar technologies to capture, track, extract, compile, aggregate, analyse, and process data resulting from your use and your website visitors' ("End-Users") interactions with the Widget Content (collectively, "Data Processing") to provide aggregate analytics data to Medianet's and/or its affiliates’ customers and for Medianet's and/or its affiliates' own business purposes such as making inferences about End-Users and sharing that information with third parties for purposes such as improving their business communications and content distribution and displaying targeted advertisements to End-Users (collectively, "Data Uses and Data Sharing"). As part of our Data Processing, Medianet and/or its affiliates will track End-Users over time and across different websites. You shall: (i) comply with all Applicable Laws that relate to individual third party privacy; and (ii) provide End-Users with clear and comprehensive notice and obtain all required consents from End-Users regarding Data Processing, Data Uses and Data Sharing.
Termination
You may terminate your licence at any time by ceasing to use the Widget and destroying and purging all copies of the Widget and the Content from your computer systems.
We may terminate your licence with immediate effect at any time at our sole discretion and without notice and disconnect you from or restrict your use of the Widget. If your licence to use the Widget is terminated by us, you must immediately:
- take down the Widget from your website or webpage; and
- erase all copies of the Content in your possession.
Links to third party websites
We may offer upgrades or updates to the Widget in our sole discretion. We may change, suspend or
The Content may include links to third party websites. These links are provided for your convenience only. We have no responsibility for the content or availability of the linked websites and we do not endorse any association or entity referred to, or linked from, the Content.
Publicity
You may not suggest a partnership with, sponsorship by, or endorsement by Medianet without our express written approval. You grant us the right to display your name and logo in marketing materials to promote the Widget.
Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.
General
If you have any questions which relate to the Widget, contact us promptly at team@medianet.com.au
These Terms do not create or evidence a partnership, joint venture or agency relationship between you and us.
If anything in these Terms is unenforceable, illegal or void or contravenes the law then it is severed and the rest of these Terms remain in force.
These Terms and our Privacy Policy constitute the entire agreement between the parties on everything connected with the subject matter of these Terms and supersede any prior agreement, arrangement or understanding on anything connected with that subject matter.
You may not assign or otherwise transfer your rights under these Terms.
By clicking "I accept" and using the Widget, you, on behalf of your company where applicable, agree to be bound by these Widget Terms of Use. You represent and warrant that you have full right, power and authority to accept these Widget Terms of Use on behalf of your company where applicable.
