FOX SPORTS Telstra TV Application
Terms and Conditions
1. FOX SPORTS Australia Pty Limited (FOX SPORTS, we or our) is the owner and operator of the FOX SPORTS Telstra TV application (Application).
2. Users of this Application (users or you) agree to be bound by these terms and conditions and the Privacy Policy http://www.foxsports.com.au/about-us/privacy, which are subject to change at the sole discretion of FOX SPORTS at any time and without notice. Please read these terms and conditions on a regular basis so that you are aware of any changes. Your use of and access to this Application indicate your acceptance of these terms and conditions (and any changes to them). We will not be liable for any loss or disappointment that you may suffer as a result of changes to these terms and conditions.
3. We may, at any time and without notice, change, delete or add to the Application or the information, products or services described on it for any or no reason.
4. If you are a subscriber/member of the news+ network through any of the following online mastheads http://www.heraldsun.com.au, http://www.couriermail.com.au, http://www.theadvertiser.com.au, http://www.dailytelegraph.com.au, a subscriber/member of http://www.foxsports.com.au, http://www.theaustralian.com.au or www.perthnow.com.au, or a FOX SPORTS Digital Subscription subscriber through iTunes with a connected FOX SPORTS account (together, a Subscriber/Member), you will be required to log in with your Subscriber/Member account details. You represent and warrant that the account details you register are your own. Subscribers/Members are bound by the Registration Terms and Conditions and/or Subscription Terms and Conditions relevant to their subscription access.
5. If you are not a Subscriber/Member, you can subscribe to the Application for $4.99 per 28 calendar days on an auto-renewing subscription via either subscribing at www.foxsports.com.au or, if available, by subscribing through to http://www.foxsports.com.au directly through the Application on Telstra TV. Payment will be charged to your credit/debit card or through PayPal. This subscription offers access to the Application for a period of 28 calendar days, which renews automatically. Your account will be charged for renewal within 5 days prior to the end of the current 28-day period. This fee does not include data costs which are dependent on how much and how you download content and your agreement with your provider. Please contact your ISP or carrier network provider about these costs.
6. If you subscribe to the Application and you wish to turn off or manage your subscription, you can do so by logging in to your account on www.foxsports.com.au and sending a cancellation request via My Account, by calling Customer Support on 1300 MY NEWS (1300 69 63 97) or by emailing Customer Support at foxsports@news.com.au. This subscription automatically renews unless your subscription is cancelled at least 5 days before the end of the current 28-day period. If you cancel your subscription before the end of your prepaid subscription period, you will be entitled to a prorated refund for any unused days.
7. FOX SPORTS reserves the right to refuse access to the Application in its sole discretion. You are solely responsible and liable for activity that occurs on your account and you are responsible for maintaining the confidentiality of your password. Users of the Application are responsible for all costs arising from the use of the Application including, without limitation, all subscription, browsing/data charges and internet costs.
8. All intellectual property rights in this Application and the material included on it, other than User Generated Material (defined below), are owned by FOX SPORTS or its licensors or advertisers, and users obtain no interest in those rights.
9. You acknowledge that some of the Application content may not be viewable or accessible from outside of Australia.
10. Users must not circumvent, disable or otherwise interfere with security-related features of the Application or any features which prevent or restrict use, distribution or copying of the Application or any content within the Application. You may only view the content which you access through the Application for personal, non-commercial use via your Telstra TV device and you must not alter or modify the content or Application in any way.
11. This Application may include third party content which is subject to that third party’s terms and conditions of use. We encourage you to read those third party terms and conditions of use prior to accessing such third party content. As FOX SPORTS has no control over such content, you acknowledge and agree that FOX SPORTS is not responsible for the availability of the third party content and that FOX SPORTS neither endorses nor is responsible for any such content, including advertising, products or other materials.
12. The Application may contain facilities (including facilities provided via social media sites such as Twitter and Facebook) that enable users to interact with other users and post and/or transmit content (including text and photographs) (User Generated Material).
13. You are responsible for any User Generated Material that you post, transmit or otherwise make available via the Application. You must not post, transmit or otherwise make available User Generated Material:
a) which is abusive, defamatory, obscene, profane or vulgar;
b) which is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
c) which is not your original work, or which violates or infringes the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
d) which you know (or reasonably ought to know) to be false, misleading or deceptive;
e) in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or
f) which violates any law or regulation.
14. FOX SPORTS assumes no responsibility for monitoring the Application for inappropriate User Generated Material. If at any time FOX SPORTS elects, in its sole discretion, to monitor User Generated Material on the Application, FOX SPORTS nonetheless assumes no responsibility for any User Generated Material and no obligation to modify or remove any inappropriate User Generated Material. FOX SPORTS may reject, refuse to post or delete any User Generated Material for any or no reason.
15. FOX SPORTS accepts no liability in relation to any User Generated Material including its content or accuracy.
16. You grant to FOX SPORTS, its assignees and authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any User Generated Material posted, uploaded, transmitted or otherwise made available by you via the Application.
17. To the extent permitted by applicable law, you unconditionally and irrevocably:
a) consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which is posted, uploaded, transmitted or otherwise made available by you via the Application; and
b) waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights.
18. Terms and conditions of entry for any promotion or competition (Competition Terms) conducted via the Application will appear with that promotion or competition. You should read those Competition Terms in conjunction with these terms and conditions.
19. To the fullest extent permitted by law and subject to paragraph 20, FOX SPORTS will have no responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through our negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Application or any linked third party content. You must take your own precautions to ensure that any content within the Application which you use is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Application.
20. Nothing in these terms and conditions limits, excludes or modifies, or purports to limit, exclude or modify, the statutory implied guarantees/warranties as provided under the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth), including the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.
21. The information within the Application is not comprehensive and is intended only to provide a summary of the subject matter covered. FOX SPORTS does not undertake to keep the Application up-to-date and is not liable to you or any other person for any loss or disappointment suffered if the Application or content within it is not available or the content within the Application is incorrect, incomplete or not up-to-date. You must make your own assessment of it and rely on it wholly at your own risk.
22. If you wish to make a complaint regarding content on the Application, please notify FOX SPORTS by email at feedback@foxsports.com.au with ‘FOX SPORTS Telstra TV Application Complaint’ as the subject line or by post at Postal Locked Bag 9000, Crows Nest, NSW, 1585. When contacting us regarding a complaint, please provide the following information in writing:
a) full details of the nature of your complaint and the content which it relates to;
b) details of when and how (e.g. via a link) you viewed the content; and
c) sufficient contact information to allow us to contact you regarding your complaint.
FOX SPORTS endeavours to respond to complaints regarding content on the Application within 30 days.
23. FOX SPORTS may, in its sole discretion, terminate or suspend your access to all or part of the Application at any time, with or without notice, if you breach these terms and conditions.
24. You agree to fully indemnify and hold harmless FOX SPORTS and its related bodies corporate against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with:
a) your use of or access to the Application;
b) User Generated Material which you post, transmit or otherwise make available; or
c) any breach by you of these terms and conditions.
This indemnity will survive these terms and conditions and your use of the Application.
25. Your use of the Application and these terms and conditions are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
FOX SPORTS Apple TV Application
Terms and Conditions
1. FOX SPORTS Australia Pty Limited (FOX SPORTS, we or our) is the owner and operator of the FOX SPORTS Apple TV application (Application).
2. Users of this Application (users or you) agree to be bound by these terms and conditions and the Privacy Policy http://www.foxsports.com.au/about-us/privacy, which are subject to change at the sole discretion of FOX SPORTS at any time and without notice. Please read these terms and conditions on a regular basis so that you are aware of any changes. Your use of and access to this Application indicate your acceptance of these terms and conditions (and any changes to them). We will not be liable for any loss or disappointment that you may suffer as a result of changes to these terms and conditions.
3. We may, at any time and without notice, change, delete or add to the Application or the information, products or services described on it for any or no reason.
4. If you are a subscriber/member of the news+ network through any of the following online mastheads http://www.heraldsun.com.au, www.couriermail.com.au, www.theadvertiser.com.au, www.dailytelegraph.com.au or a subscriber/member of www.foxsports.com.au, www.theaustralian.com.au or www.perthnow.com.au (together, a Subscriber/Member), you will be required to log in with your Subscriber/Member account details. You represent and warrant that the account details you register are your own. Subscribers/Members are bound by the Registration Terms and Conditions and/or Subscription Terms and Conditions relevant to their News Site access.
5. If you are not a News Registered User, Subscriber/Member, you can subscribe to the Application for $4.99 per week on an auto-renewing subscription via iTunes. Payment will be charged to your iTunes Account at upon confirmation of purchase. This subscription offers access to the Application for a period of 7 calendar days, which renews automatically. Your account will be charged for renewal within 24 hours prior to the end of the current 7-day period. This weekly fee does not include data costs which are dependent on how much and how you download content and your agreement with your provider. Please contact your ISP or carrier network provider about these costs.
6. If you subscribe to the Application via iTunes and you wish to turn off or manage your Application subscription, you can do so from your computer, iPhone, iPad, or iPod touch in the Account Settings™ section of your iTunes Account. This subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current 7-day period. You will continue to have access to the Application until the end of that 7-day period. You can also find out more about managing auto-renewing subscriptions here: http://support.apple.com/kb/ht4098.
7. FOX SPORTS reserves the right to refuse access to the Application in its sole discretion. You are solely responsible and liable for activity that occurs on your account and you are responsible for maintaining the confidentiality of your password. Users of the Application are responsible for all costs arising from the use of the Application including, without limitation, all subscription, browsing/data charges and internet costs.
8. All intellectual property rights in this Application and the material included on it, other than User Generated Material (defined below), are owned by FOX SPORTS or its licensors or advertisers, and users obtain no interest in those rights.
9. Users must not circumvent, disable or otherwise interfere with security-related features of the Application or any features which prevent or restrict use, distribution or copying of the Application or any content within the Application. You may only view the content which you access through the Application for personal, non-commercial use via your Apple TV device and you must not alter or modify the content or Application in any way.
10. This Application may include third party content which is subject to that third party’s terms and conditions of use. We encourage you to read those third party terms and conditions of use prior to accessing such third party content. As FOX SPORTS has no control over such content, you acknowledge and agree that FOX SPORTS is not responsible for the availability of the third party content and that FOX SPORTS neither endorses nor is responsible for any such content, including advertising, products or other materials.
11. The Application may contain facilities (including facilities provided via social media sites such as Twitter and Facebook) that enable users to interact with other users and post and/or transmit content (including text and photographs) (User Generated Material).
12. You are responsible for any User Generated Material that you post, transmit or otherwise make available via the Application. You must not post, transmit or otherwise make available User Generated Material:
a) which is abusive, defamatory, obscene, profane or vulgar;
b) which is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any physical or mental disability;
c) which is not your original work, or which violates or infringes the rights of any other person, including material which is protected by copyright, trade mark or other intellectual property rights;
d) which you know (or reasonably ought to know) to be false, misleading or deceptive;
e) in a way that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or f) which violates any law or regulation.
13. FOX SPORTS assumes no responsibility for monitoring the Application for inappropriate User Generated Material. If at any time FOX SPORTS elects, in its sole discretion, to monitor User Generated Material on the Application, FOX SPORTS nonetheless assumes no responsibility for any User Generated Material and no obligation to modify or remove any inappropriate User Generated Material. FOX SPORTS may reject, refuse to post or delete any User Generated Material for any or no reason.
14. FOX SPORTS accepts no liability in relation to any User Generated Material including its content or accuracy.
15. You grant to FOX SPORTS, its assignees and authorised nominees a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit, reproduce, exploit, exhibit and communicate to the public in all media throughout the world any User Generated Material posted, uploaded, transmitted or otherwise made available by you via the Application.
16. To the extent permitted by applicable law, you unconditionally and irrevocably: a) consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any User Generated Material, to any act or omission that would otherwise infringe any moral rights in any User Generated Material which is posted, uploaded, transmitted or otherwise made available by you via the Application; and b) waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights.
17. Terms and conditions of entry for any promotion or competition (Competition Terms) conducted via the Application will appear with that promotion or competition. You should read those Competition Terms in conjunction with these terms and conditions.
18. To the fullest extent permitted by law and subject to paragraph 19, FOX SPORTS will have no responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through our negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Application or any linked third party content. You must take your own precautions to ensure that any content within the Application which you use is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Application.
19. Nothing in these terms and conditions limits, excludes or modifies, or purports to limit, exclude or modify, the statutory implied guarantees/warranties as provided under the Competition and Consumer Act 2010 (Cth) and the ASIC Act 2001 (Cth), including the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.
20. The information within the Application is not comprehensive and is intended only to provide a summary of the subject matter covered. FOX SPORTS does not undertake to keep the Application up-to-date and is not liable to you or any other person for any loss or disappointment suffered if the Application or content within it is not available or the content within the Application is incorrect, incomplete or not up-to-date. You must make your own assessment of it and rely on it wholly at your own risk.
21. If you wish to make a complaint regarding content on the Application, please notify FOX SPORTS by email at feedback@foxsports.com.au with ‘FOX SPORTS Apple TV Application Complaint’ as the subject line or by post at Postal Locked Bag 9000, Crows Nest, NSW, 1585. When contacting us regarding a complaint, please provide the following information in writing: a) full details of the nature of your complaint and the content which it relates to; b) details of when and how (e.g. via a link) you viewed the content; and c) sufficient contact information to allow us to contact you regarding your complaint. FOX SPORTS endeavours to respond to complaints regarding content on the Application within 30 days.
22. FOX SPORTS may, in its sole discretion, terminate or suspend your access to all or part of the Application at any time, with or without notice, if you breach these terms and conditions.
23. You agree to fully indemnify and hold harmless FOX SPORTS and its related bodies corporate against any and all l
a) your use of or access to the Application;
b) User Generated Material which you post, transmit or otherwise make available; or your use of or access to the Application; b) User Generated Material which you post, transmit or otherwise make available; or
c) any breach by you of these terms and conditions. This indemnity will survive these terms and conditions and your use of the Application.
24. Your use of the Application and these terms and conditions are governed by the laws in force in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
