1. Your Acceptance
Lifestyle Omnimedia ("Lifestyle PodNetwork", "us", or "we") provides its service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By using and/or visiting the www.lifestylepodnetwork.com website or any other websites owned by Lifestyle Omnimedia (collectively the "Website"), you signify your assent to both these Terms of Use and the Lifestyle PodNetwork Privacy Policy, which is specifically incorporated into the Lifestyle PodNetwork Terms of Use. You are only authorised only to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.
2. Website Access
Lifestyle Omnimedia hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Lifestyle PodNetwork's prior written authorization or as permitted by the functionality of the Lifestyle Omnimedia software; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
Lifestyle Omnimedia may provide an "Embedded Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Website on the pages containing the Embedded Player. Lifestyle Omnimedia reserves the right to discontinue any aspect of the Website at any time in its sole discretion without prior notice. You may not modify or derivate any Lifestyle Omnimedia content by use of this feature or otherwise.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In addition, you agree to (i) immediately notify Lifestyle Omnimedia of any unauthorised use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Lifestyle Omnimedia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Lifestyle PodNetwork servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lifestyle Omnimedia grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lifestyle Omnimedia reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
3. Lifestyle PodNetwork Website
These Terms of Use apply to all users of the Website, including users who contribute information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Lifestyle Omnimedia. Lifestyle Omnimedia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Lifestyle Omnimedia from any and all liability arising from your use of any third-party website.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and shows created by and for Lifestyle Omnimedia, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lifestyle Omnimedia, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Lifestyle Omnimedia or as expressly provided herein. Lifestyle Omnimedia reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
Lifestyle Omnimedia permits the submission of comments and other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Lifestyle Omnimedia does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Lifestyle PodNetwork and Lifestyle Omnimedia, you hereby grant Lifestyle Omnimedia a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Lifestyle Omnimedia (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. You also hereby grant each user of the Website a non-exclusive license and right to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
Lifestyle Omnimedia does not endorse any User Submission, podcast content, weblog post, or any opinion, recommendation, or advice expressed therein, and Lifestyle Omnimedia expressly disclaims any and all liability in connection with User Submissions. Lifestyle PodNetwork reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Lifestyle Omnimedia also reserves the right to terminate a User's access to the Website at any time in its sole discretion and without prior notice.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or any other content on the Website infringes your copyright, please refer to our Copyright Policy, which outlines the process for submitting a complaint.
You understand that when using the Website, you will be exposed to Content and User Submissions from a variety of sources, and that Lifestyle Omnimedia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content or User Submissions. You further understand and acknowledge that you may be exposed to Content and User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lifestyle Omnimedia with respect thereto, and agree to indemnify and hold Lifestyle PodNetwork, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Lifestyle Omnimedia, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFESTYLE PODNETWORK, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF LIFESTYLE PODNETWORK, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LIFESTYLE OMNIMEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. LIFESTYLE PODNETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIFESTYLE PODNETWORK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFESTYLE PODNETWORK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL LIFESTYLE OMNIMEDIA, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF LIFESTYLE PODNETWORK, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LIFESTYLE OMNIMEDIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Lifestyle Omnimedia from its facilities in Australia. Lifestyle Omnimedia makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Lifestyle Omnimedia, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Lifestyle PodNetwork, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
9. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Lifestyle PodNetwork is not intended for children under 13. If you are under 13 years of age, then please do not use the Lifestyle PodNetwork Website.
10. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Lifestyle Omnimedia without restriction.
11. Copyright Notice
The Lifestyle PodNetwork Website is © 2008 Lifestyle Omnimedia. - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, linked to, derived, or otherwise used for any purpose without the prior written permission of Lifestyle Omnimedia.
12. Trademarks
All of the Lifestyle PodNetwork trademarks are owned by Lifestyle Omnimedia. and may not be used for any purpose without the prior written permission of Lifestyle Omnimedia.
13. General
You agree that: (i) the Website shall be deemed solely based in New South Wales, Australia; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Lifestyle Omnimedia, either specific or general, in jurisdictions other than New South Wales. These Terms of Use shall be governed by the internal substantive laws of the State of New South Wales, without respect to its conflict of laws principles. Any claim or dispute between you and Lifestyle Omnimedia that arises in whole or in part from the Website shall be decided exclusively by the courts of New South Wales and Commonwealth of Australia. You accept the personal jurisdiction and venue of such courts.. These Terms of Use, together with the Lifestyle PodNetwork Privacy Policy, Copyright Policy and any other legal notices published by Lifestyle Omnimedia on the Website, shall constitute the entire agreement between you and Lifestyle Omnimedia concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Lifestyle Omnimedia's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Lifestyle Omnimedia reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Copyright/Intellectual Property Policy
Lifestyle Omnimedia. ("Lifestyle PodNetwork") respects the intellectual property of others, and we ask our users and providers to do the same. It is Lifestyle Omnimedia's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Lifestyle Omnimedia and/or others.
Copyright Infringement Notification
If you believe that copyright material is available on the Lifestyle PodNetwork in such a way that infringes copyright, please contact the Lifestyle Omnimedia using the following details:
Please include the following in your infringement notice:
- Your name, address, phone number and email address so that we can contact you.
- As much detail as possible, including the name and nature of the material that you believe infringes copyright.
- The location of the material, with enough information so that we can find and access the material.
- Whether you are the owner of the copyright material. If not, in what capacity you are acting.
- Why you think the material is infringing copyright.
