Last Updated: March 19, 2013
The Site may include or be used in connection with certain Third Party Applications (as defined in Section 12 below). Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Applications.
1. Acceptance of Terms.
By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. Where we have a valid reason for doing so, we may make changes to this Agreement from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “THE UPDATED” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retrospectively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site.
The Site may not be appropriate or available for use in some jurisdictions. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The Site is subject to the jurisdiction or laws of the State of Victoria Australia, except as otherwise expressly stated in this Agreement and to the extent your use of the Site gives effect to other laws.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
3. Information You Submit.
You may view and correct any personally identifying information about yourself by logging on to the site and updating your user profile. Alternatively, please contact us at our enquiry desk on 1800 633 813. If you wish to be removed as a user of our site and have all personally identifying information deleted from our systems, please contact us at 1800 633 813.
If you have any questions or concerns please contact the Privacy Officer at Roy Morgan Research.
4. Rules of Conduct.
In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behaviour. In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us. You will not:
a) Post, transmit, or otherwise make available, through or in connection with the Site:
(i) Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
(ii) Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
(iii)Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
(iv)Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
(v) Any material non-public information about a company without the proper authorization to do so.
b) Use the Site for any fraudulent or unlawful purpose.
c) Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
d) Impersonate any person or entity, including any of our or our affiliates’ representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
e) Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks.
f) Access or use the Site through any technology or means other than those expressly designated by us.
g) Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
h) Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
i) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
j) Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
k) Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
l) Frame or mirror any part of the Site without our express prior written consent.
m) Create a database by systematically downloading and storing all or any Site content.
n) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.
We may terminate your use of the Site for any conduct that we reasonably consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
You may need to register to use part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
a) The Site may contain areas where you can post information and other materials, including, without limitation, text, images, photographs, graphics, data, files, links and other items (each, a “Submission”). For purposes of clarity, you retain ownership of any Submissions that you post, subject to the terms and conditions of this Agreement; including the licence grant in Section 6.b) below.
(ii) without attribution to you or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site or the amount of storage space available for Submissions.
d) You hereby acknowledge and agree that:
(i) you have received good and valuable consideration in exchange for the rights granted by you hereunder in and to any Submission that you post, including, without limitation, the ability to participate in activities on the Site and the possibility that publicity or favourable exposure may arise from our or our Affiliates’ use of such Submission or any derivative works incorporating or embodying such Submission; and
(ii) you are not entitled to any further compensation for any use or other exploitation of such Submission by us or our Affiliates or any other party (including, without limitation, our or our Affiliates’ Representatives and Providers) pursuant to the rights in such Submission that have been granted hereunder and/or that are available under applicable law.
e) You hereby represent and warrant that:
(i) you have the legal right and authority to enter into this Agreement;
(ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licences set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied any Submission that you post, you have obtained express clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licences set forth herein;
(iii) you have obtained the consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by Agreement, or, if any such identifiable individual is under the age of eighteen (18), you consent (as the individual’s parent or guardian) or have obtained such consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request);
(iv) any Submission that you post, and the use thereof by us, our Affiliates, and our and their respective designees (including, without limitation, our and their respective Representatives and Providers), do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party;
(v) any Submission that you post is not confidential and does not contain any confidential information; and
(vi) in creating, preparing and posting any Submission, you have complied and will comply in all respects with all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and have not violated and will not violate any understanding by which you are explicitly or implicitly bound, including without limitation any agreement with any third party.
If you do post a Submission that contains the likeness of an identifiable individual, you should not include any identifying information such as the individual’s name or address within such Submission.
f) To the extent permitted under applicable law, you agree to forever release, discharge and waive all claims against us, our Affiliates and our and their respective Representatives and Providers from, and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against us, our Affiliates and our and their respective Representatives and Providers with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable legal fees) that relate in any way to the use of any Submission in a manner consistent with the rights granted under this Agreement, including, without limitation, any claim for idea misappropriation. Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with any Submission that you post (and you hereby represent and warrant that you have obtained clear, express waivers or written consents, as may be required, from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post). At any time upon our request, you shall:
(i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us and our Affiliates to obtain the full benefits of this Agreement and any licences granted by you hereunder, and
(ii) execute a non-electronic hard copy of this Agreement.
g) For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we shall have no obligation to use or otherwise exploit any Submission.
7. Unsolicited Submissions.
Notwithstanding anything to the contrary in this Agreement, we and our Affiliates do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to the Site or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our or our Affiliates’ sole property. We and our Affiliates have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
8. Linking and Logo Policy.
You must not misrepresent your relationship with any one of us or present false or misleading impressions about us. No links to any of our websites (including the Site) may be used in a manner that implies or suggests that any one of us approves or endorses you, your website or your goods and services (in all cases, except as we may have agreed separately with you in writing). We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to a website of ours from your website.
This is not a licence, but subject to your compliance with the above terms, we agree to grant you use of the “Roy Morgan” name solely for the purpose of establishing a link to the Site as permitted herein. Except for the limited permission to use the “Roy Morgan” name as set forth in this paragraph, you may not use any of our trademarks or service marks for any other purpose without our express prior written permission. We may at any time, in our sole discretion and without cause, withdraw the permission granted herein to use the “Roy Morgan” name and your right to link to any pages on an any of our websites, including the Site. In such event, upon our request, you agree to immediately remove all links to the relevant website of ours and to cease using the “Roy Morgan” name for linking purposes. Thereafter, any future links to a website of ours (including the Site) will require our express prior written permission. We reserve the right to amend these linking terms and conditions at any time.
We may, but have no obligation to:
a) monitor, evaluate or alter Submissions before or after they appear on the Site;
b) seek to verify that all rights, consents, releases and permissions in or relating to such Submission have been obtained by you in accordance with your representations above;
c) refuse, reject or remove any Submission at any time or for any valid reason including, without limitation, if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above.
10. Rules for Promotions.
11. Our Proprietary Rights.
We, our Affiliates and our respective Providers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information, content or other materials made available through the Site.
We, our Affiliates and/or our respective Providers own the trade names, trademarks and service marks (collectively, “Marks”) on the Site. All Marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our Marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any licence or right to use any Marks without express prior written consent of the owner. Except as explicitly provided under the Linking and Logo Policy set out in Section 8 above, users are prohibited from using any of the Marks for any other purpose whatsoever including, but not limited to, use as links on, or metatags in the code of, any other page or site on the World Wide Web, without our express prior written permission. Please note that unauthorized use of any service or product, including, without limitation, any software used by the services, may subject you to civil and criminal penalties, including, for copyright infringement.
12. Third Party Applications.
13. Third Party Content.
14. Links and Feeds.
The Site may provide links to or feeds from other web sites and online resources. We and our Affiliates are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. Your access to and use of third party web sites, content, services and resources is at your own risk.
15. Purchase of Product from the Site.
a) All charges for the product accessed are set out in the website and are expressed in Australian Dollars. If you are an Australian resident, Goods and Services Tax will be added to the charge where such tax is applicable. If you are a non -Australian resident the charges will be processed in Australian Dollars on the day of purchase.
16. Limitations of Liability and Disclaimers.
a) To the extent permitted by applicable law and subject to paragraph (e) below, the site and all goods, services, products, third party applications, third party content, information and materials made available through the site are provided to you “as is” without any express representations or warranties of any kind, and we, our affiliates and our respective representatives and providers disclaim, to the extent permitted by applicable law, all statutory or implied representations, warranties, terms and conditions with respect to the site and all goods, services, third party applications, third party content, information and materials made available through the site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement certain providers may separately provide limited representations and/or warranties regarding their third party applications; check with such providers for further information. We make no representation or warranty that the site (or any part thereof), or any goods, services, third party applications, third party content, information or materials made available through the site is or will be accurate, complete, error-free, or compatible with any particular software or hardware. Further, we make no representation or warranty that any software, hardware, equipment or other device or system using the site or any goods, services, third party applications, third party content, information or materials made available through the site will function in any manner. You hereby agree that it is your sole responsibility to
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their respective Representatives and Providers from and against all claims, losses, costs and expenses (including reasonable attorneys fees) arising out of (a) your use of the Site in breach of this Agreement; (b) any violation of this Agreement by you; or (c) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
This Agreement is effective until terminated. We may, at any time and for any valid reason, terminate your access to or use of:
a) the Site,
b) your user name and password; or
c) any files or information associated with your user name and password.
If we lawfully terminate your access to the Site, you will not have the right to bring claims against us, our Affiliates or our respective Representatives and Providers with respect to such termination. We and our Affiliates and our respective Representatives and Providers, shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take reasonable steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes such third party’s rights). Sections 2, 6-8, 10-14, 16- 19, 21-23 and 25 shall survive any expiration or termination of this Agreement.
19. Governing Law; Dispute Resolution.
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Victoria, Australia and you consent to the exclusive jurisdiction of the courts of that state or such other jurisdiction as Roy Morgan and you may agree to submit such dispute.
We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ or http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
21. Information or Complaints.
If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to us at:
Level 1, 401 Collins Street, Melbourne, VIC 3000, Australia
22. Claims of Copyright Infringement.
In the United States, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Other protections for copyright owners are available in other jurisdictions. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, please send us a counter-notice. In the United States, notices and counter-notices must meet the thencurrent statutory requirements imposed by the DMCA (see http://www.copyright.gov for details).
Upon receipt of notification the ‘Notice and Takedown’ procedure invoked is as follows:
a) we will acknowledge receipt of your complaint and will make an initial assessment of the validity and plausibility of the complaint;
b) upon receipt of a valid complaint the material will be temporarily removed from the Site pending an agreed solution;
c) we will contact the contributor who deposited the material, if relevant, and the contributor will be notified that the material is subject to a complaint, under what allegations, and will be encouraged to assuage the complaints concerned;
d) the complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, and the material is replaced on the Site unchanged or with changes, or is permanently removed. If the contributor and the complainant are unable to agree a solution, the material will remain unavailable through the Site until a time when a resolution has been reached.
Notices and counter-notices should be sent to the address referred to in paragraph 21.
You should consider consulting your legal advisor before filing a notice or counter-notice.
23. Ability to Enter Into This Agreement.
By using the Site, you affirm that you are over 18 years of age, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
24. Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please contact us.
(a) This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisorfranchisee relationship between you and us.
(b) You may not assign, transfer or sub-licence any or all of your rights or obligations under this Agreement without our express prior written consent.
(c) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(d) This Agreement hereby incorporates by this reference any additional terms that we post on the Site and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter (except that this Section does not exclude the liability of You or us for fraudulent misrepresentation).
(e) Each of us acknowledges that, in entering into this Agreement, it has not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.
(f) Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.
(g) You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(h) We will not be responsible for failure to fulfil any obligation due to causes beyond our control.
(i) Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our Affiliates and our and their respective Representatives and those Providers who are content owners and service providers from whom we have obtained a licence or other rights to use their content and services, as applicable, in connection with the Site) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties; otherwise, and solely to the extent that the laws of England may govern this agreement, a person who is not party to this Agreement may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.