TerminologyIn these terms and conditions, the expressions “we”, “us” and “our” are a reference to Around Midnight.
Amendments of Terms and Conditions of UseWe reserve the right to amend these terms and conditions at any time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
DisclaimerWe do not warrant that any material you submit to the website will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the website. If we elect in our sole discretion to post your information or material in the website, we do not warrant that the material or information you submit will be posted within a certain timeframe. We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content to our subscribers, members and site visitors. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included. but our liability will be limited for a breach of that condition or warranty to one or more of the following: if the breach relates to our advertising services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Exception to DisclaimerThis disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Offensive ContentYou are able to notify us of any content that you regard to be offensive in this website by contacting us at email@example.com. We do not warrant that we will respond to your comments. If we elect in our sole discretion to respond to your comments, we do not warrant that we will respond within a certain timeframe. Our decision as to whether particular content is regarded as offensive is final and we reserve the right (but assume no obligation) to edit, retract or delete the contents that we consider to be offensive.
Specific WarningsYou must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked website. We do not accept liability for any losses arising directly or indirectly from a failure to provide the web site facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members’ obligations as set out in these terms and conditions or ay content transmitted by a non-member. You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password and/or account designation, whether or not your have authorised that person to use your password and/or account designation. You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences. Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Collecting Personal InformationThe following types of personal information may be collected, stored, and used: • information about your computer including your IP address, geographical location, browser type and version, and operating system; • information about your visits to and use of this website including the referral source, length of visit, page views, and website navigation paths; • information, such as your email address, that you enter when you register with our website; • information that you enter when you create a profile on our website—for example, your name, profile pictures, gender, birthday, relationship status, interests and hobbies, educational details, and employment details; • information, such as your name and email address, that you enter in order to set up subscriptions to our emails and/or newsletters; • information that you enter while using the services on our website; • information that is generated while using our website, including when, how often, and under what circumstances you use it; • information relating to anything you purchase, services you use, or transactions you make through our website, which includes your name, address, telephone number, email address, and credit card details; • information that you post to our website with the intention of publishing it on the internet, which includes your username, profile pictures, and the content of your posts; • information contained in any communications that you send to us by email or through our website, including its communication content and metadata; • any other personal information that you send to us.
Using your Personal Information• administering our website and business; • personalizing our website for you; • enabling your use of the services available on our website; • sending you goods purchased through our website; • supplying services purchased through our website; • sending statements, invoices, and payment reminders to you, and collecting payments from you; • sending you non-marketing commercial communications; • sending you email notifications that you have specifically requested; • sending you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter); • sending you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications); • providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information); • dealing with inquiries and complaints made by or about you relating to our website; • keeping our website secure and prevent fraud; • verifying compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service); and • other uses.
Disclosing Personal Information• to the extent that we are required to do so by law; • in connection with any ongoing or prospective legal proceedings; • in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); • to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and • to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information. • Except as provided in this policy, we will not provide your personal information to third parties.
International Data Transfers• Information that we collect may be stored, processed in, and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. • Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China, and India. • Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others. • You expressly agree to the transfers of personal information described in this section.
Security of your Personal Information• We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information. • We will store all the personal information you provide on our secure (password- and firewall-protected) servers. • All electronic financial transactions entered into through our website will be protected by encryption technology. • You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. • You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
CookiesCookies may be used for online behavioural advertising, which tracks visitors’ interests and online habits. Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website. You can delete cookies stored on your computer: • in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835); • in Firefox (version 24), you can delete cookies by clicking “Tools,” “Options,” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies,” and then clicking “Remove All Cookies”; and • in Chrome (version 29), you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Clear browsing data,” and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data.”
CopyrightCopyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means without our express written permission: • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or • commercialise any information, products or services obtained from any part of this website;
TrademarksExcept where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks: • in or as the whole or part of your own trademarks; • in connection with activities, products or services which are not ours; • in a manner which may be confusing, misleading or deceptive; • in a manner that disparages us or our information, products or services (including this website).
Restricted UseUnless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
Third Party WebsitesThis website may contain links to other third party websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
Security of InformationWhilst we understand that any data transmission over the internet cannot be guaranteed as totally secure, we continually strive to protect your personal information, we however do not warrant and cannot completely ensure the security of any information which you transmit to us. Nevertheless, once we receive your transmission, we will take all possible steps to prevent the loss, misuse, or alteration of your personal information.
Termination of AccessAccess to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing LawThese terms and conditions are governed by the laws in force in the State of New South Wales. In the event that the state of New South Wales does not have jurisdiction to hear matter relating to this agreement, then the laws in the Commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
MembershipBrowsing of the website is free and does not require membership. In order to create and post a profile on the website, the individual creating the listing must become a member and abide by the member terms and conditions of use. In order to create and post your profile on the website, you must become a member. To become a member, you must complete your registration details in the manner described on the website. We reserve the right to terminate your membership without notice at any time if you breach these terms and conditions. Browsing and membership of this website is only open to you if you are eighteen (18) years old or over. Upon registration, you will be required to complete the account details. For members terms and conditions for Around Midnight please see Advertising Business or Advertising Client T&Cs.
Provision of Content for ProfilesIf you are registered as a member for creating and posting your profile on this website, you are required to comply with the member terms and conditions of use.
Business AdvertisingAll Advertisements accepted for publication by Around Midnight (AM) on the website, are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by AM in writing. In these conditions: • “Advertiser” means the person whose goods or services are advertised; • “Advertisement” means display advertising and shall include supplements and re-directed advertisements; • “Buyer” means the person placing the order for the insertion of the Advertisement; • “AM Site” means the AM website onto which an Advertisement is sold • All Advertisements are accepted subject to space being available on the AM Site. AM reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer’s assets, or any indication whatsoever of financial difficulties. These conditions, and all other express terms of the contract between AM and the Buyer, shall be governed and construed in accordance with the Laws of New South Wales, Australia and the parties hereby submit to the non-exclusive jurisdiction of the Australian Courts. The Buyer agrees that at all times its conduct of business with or on behalf of AM is strictly to comply with all applicable laws, ordinances, codes, regulations, standards and judicial and administrative orders (jointly “Applicable Laws”) relevant to its duties, obligations and performance including, without limitation, Applicable Laws related to bribery and those enforced in the state where the Buyer resides or conducts its business.
Buyer to Contract as PrincipalThe Buyer warrants that the Buyer contracts with AM as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with AM.
Delivery and Ownership of MaterialsMaterials delivered must conform to AM’s specifications. AM reserves the right to charge the Buyer for work that is required to amend materials to conform to its specifications but accepts no liability for such work. Any intellectual property rights in designs prepared by AM shall remain the property of AM and Advertisements, including such designs may not be reproduced without AM’s express written consent.
Booking ProceduresIf an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to AM on request.
Prices and Payment TermsPrices published by AM are subject to revision at any time and orders are accepted on the condition that the price binds AM only in respect of the period specified in the applicable rate card. Series discounts apply only to orders placed in advance and completed within the agreed period. AM reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate. Prices are exclusive of applicable Goods and Services Tax (GST) which the Buyer shall additionally be liable to pay to AM. Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the Westpac plc Minimum Lending Rate.
Limitations on AM’s LiabilityAM shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of the AM Site in which any Advertisement is scheduled to be included. In the event of an error or omission by AM, which detracts materially from the Advertisement, AM will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with AM’s specifications. The total liability of AM to the Buyer for any act or omission of AM, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to AM for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, AM shall not be liable for any loss of profits or business or for indirect or consequential loss. AM accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date. AM accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or SuspensionAM reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
Buyers Warranties and IndemnitiesThe Buyer warrants that the Advertisement does not contravene the Australian Code of Advertising Practice and is not in breach of any relevant legislation, including the Equality Act 2012, the Obscene Publications Act and any other legislation or regulation, which apply to specific Advertisers, products or services. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy. The Buyer will indemnify and hold harmless AM from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. AM reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make AM or the Advertiser liable to any complaint, claim or proceedings. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold AM harmless accordingly.
Online AdvertisingThe Buyer must deliver complete creative content to AM at least 5 working days before the go-live date in a format which complies with AM’s online ad formats. To cancel or alter an order the Buyer must inform AM by e-mail or fax to the number or address on the order, at least 5 working days before the go-live date. Otherwise, AM may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met. If the Buyer is supplying creative content or change of creative to be used in rotations, in the form of a redirected advertisement, the Buyer must inform AM in advance. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. AM may remove any Advertisement which contains content or links to a site which, in AM’s opinion, is defamatory or objectionable or will bring AM into disrepute. The Buyer will indemnify AM from and against any claims or liability arising from links contained in an Advertisement. Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant AM Site. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of any AM Site or enables the Buyer or any third party to serve such users with any advertising other than the Advertisement. If an Advertisement is supplied which does not comply with these terms and conditions or AM receives complaints regarding an Advertisement, AM may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer. Where an Advertisement is sold on a cpm basis, AM will provide the Buyer with delivery statistics and campaign reports on a regular basis throughout the campaign period. The statistics and other reports provided by AM shall, in the absence of manifest error, be binding on the Buyer and are in lieu of any other right of audit. The Buyer’s sole remedy if AM, or its third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither AM nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
MembershipBrowsing of the website is free and no membership is required. In order to create and post your profile on the website, you must become a member. To become a member, you must complete your registration details in the manner described on the website. We reserve the right to terminate your membership without notice at any time if you breach these terms and conditions. Membership of this website is only open to you if you are eighteen (18) years old or over. You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied. Upon registration, you will be provided with an account designation. Membership is free within a 14 day trial period and pricing starts from $80 per month. The advertiser may elect to pay on a per month basis. The paid service period will commence at the time and date in which payment is received. Your paid subscription is set to automatically debit your credit or debit card used. You will be notified prior to expiration of your advertisement so you can action accordingly. Payment must be received before the advertisement can be displayed. If payment is not received by the date of expiration of the advertising period, we reserve the right to remove your profile from the search results until you pay the fee for a further advertising period. If we decide, in our sole discretion, to offer you a free period of advertising as part of any promotional campaign, you will be notified of when the advertising period will commence and finish.
Members ObligationBy registering as an advertiser of our website, you agree to abide by the following terms and conditions: • you acknowledge that any information or material submitted by you to the website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction; • when you submit material to the website, you assign all copyright which subsists in such material to us; • you agree that you are over the age of 18 years if you are advertising on the website; • you agree not to post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party; • upon our request, you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed through our web site; • you are responsible for protecting the confidentiality of your password; • you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable; • you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights or privacy rights of any person; • you agree not to impersonate any other person; • you agree to ensure that your content is up to date, accurate and not misleading; • you agree not to post or transmit any unsolicited advertising or promotional materials; • you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; • you accept that any material or information provided by you on your profile page may be posted on the web site for any other members or guests to read; • you accept that as a member, you are legally bound to only solicit business in the jurisdiction in which you are licensed. Furthermore, you cannot advertise your services in markets in which you are not legally registered; • all information provided by us in our website are provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time; • we do not make any representations or warranties that the information we provide in the website is reliable, accurate or complete or that your access to the website will be uninterrupted, timely or secure. You accept that we are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You agree to make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the website; • you accept that we do not accept any liability for the accuracy or content of any material posted by other members on the website. We are not liable for any loss resulting from any action taken of reliance made by you on any information or material posted by another member; • you accept that we do not accept any responsibility or liability for any information or material which you submit to the website, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the website; • you accept that we do not warrant that we will respond to questions or comments submitted by you to our website; • you accept that all advertisements published on Around Midnight must comply with Advertising Guidelines applicable to your State and/or Territory. Around Midnight accepts no legal liability or responsibility for the content of advertisements supplied to them by the advertiser. You agree to comply with all state and government laws in Australia, and you as the member agree to take full legal responsibility for failing to comply. • if you download any material from the website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.
Provision of Content for ProfilesIf you are registered as a member for creating and posting your profile on this website, you are able to provide us with content pursuant to these terms and conditions. You will be responsible for all aspects of the production of the content and abide by the members’ obligations set out below. We reserve the right to remove your content and/or terminate your membership without notice at any time if you breach these terms and conditions. Our decision is final and we reserve the right (but assume no obligation) to edit, retract or delete the contents that we consider unacceptable or inappropriate, or for any other reasons, which we disclose at our discretion and convenience. Please be aware that the content that you provide to the website is governed by the rules and regulation of each state. The state in which you reside are the statutory rules and regulations in which you must abide when placing your advertisement on the website. If you are unsure of what you can and cannot include in your profile advertisement, please see our FAQ section, for the details of the rules form state to state. Your profile will be approved by us before it is available for members to see.