Terms and conditions
By using the 10 ViacomCBS ANZ Media Website, you agree to the terms and conditions of this site, and are bound by these. This is applicable to all downloaded material.
Please note that if you download a program produced by NBC or CBS, you must agree to additional terms and conditions which are set out underneath the 10 terms and conditions below.
By logging into the site, you automatically agree to all of these terms and conditions.
The 10 ViacomCBS ANZ Media Website (www.10viacomcbsmedia.com.au) and associated applications (‘the Web Site’) is owned and/or operated by Network 10 Pty Limited ACN 052 515 250 ABN 91 052 515 250 (’10’). These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Web Site (“You”) and 10. The terms and conditions apply, regardless of how You access the Web Site, including but not limited to via personal computers, laptops, mobile devices, television, and/or a really simple syndication (RSS) feed.
- Your access to and use of the Web Site is conditional upon Your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in these Terms and Conditions and anywhere else in the Web Site (‘the Terms’). By accessing and/or using the Web Site You indicate Your acceptance of the Terms. 10 reserves the right to change the Terms at any time, and Your continued access/use of the Web Site after such change constitutes acceptance of the changes by You. You should check the Terms from time to time for that reason.
- The purpose of this Web Site is to facilitate media access to and use of 10 owned and licensed marketing and promotional material (“the Material”). The Web Site is only for the use of registered members of the media (“Registered Users”) for editorial purposes, which include the advertising and promotion of 10 owned and licensed television programs. For clarity, use of any Material on the Web Site for any games, competitions, or in connection with any commercial tie-ins or promotion of other products does not constitute editorial use.
- The Web Site is not intended to be viewed or accessed by anyone other than those individuals whose registration has been approved by 10.
- You agree to provide true and accurate information about Yourself as prompted by the registration form (‘Registration Information’) and promptly update any such Registration Information. You may only register once and You must not register, or attempt to register, more than once or attempt to achieve registration of more than one membership for Yourself (e.g. by applying for multiple registrations or memberships by using different email addresses, different mailing addresses or variations on first or last name for the same person). When You register, You must provide Your real name and any other such details as requested on the registration form.
- If You provide any information that is untrue, inaccurate or inappropriate or 10 has reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate or that You have registered, or attempted to register, more than once, 10 has the right to suspend, terminate, lock or delete Your membership registration. 10 accepts that You may make a mistake when registering information about You, and that You will need to correct such mistakes. However, 10 may suspend, lock, terminate and/or delete Your membership if certain details about You (e.g., Your age) are changed on more than one occasion.
- These Terms are supplemented by specific terms and conditions of use for promotional material pertaining to individual programs. When you register, You agree to those terms and conditions of use as set out on the Web Site in relation to each and every program.
- You are responsible for maintaining the confidentiality of Your password. You agree to immediately notify 10 of any unauthorised use of Your password or any other breach of security. You also agree not to permit any third party to use Your password. You will be responsible and liable for any and all actions taken by any third party who accesses the Web Site using Your Registration Information.
- 10 may refuse Your registration request for any reason, including if You attempt to associate the same email address with more than one membership (irrespective of whether an existing membership is inactive or has been deleted, locked or suspended) or if 10 has reasonable grounds to suspect that You have registered, or attempted to register, more than once.
- Intellectual Property RightsAll content and functionality, including all information, text, images (moving and still), graphics, sound and stories, contained in the Web Site (“the Material”) are protected by International and Australian law, including Copyright and Trademark Law, and all rights are reserved.Except where expressly stated all Material on the Web Site is presented for editorial use only. When You access the Web Site, You agree that You do so on the following conditions:
- You may not copy, download, reproduce, transfer, share, re-license, communicate, reverse engineer, decompile, translate, publish, broadcast, re-distribute, modify, create derivative works from, capture or store in any way, rent, sell, lease, sublicense or participate in any sale of or exploit in any way in whole or in part, directly or indirectly any Material that is accessible to You on the Web Site via streaming. Further You must not use the streamed material in conjunction with any device or service designed to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat in any way, any technological measures that control access to, or the rights in any streamed Material.
- You are only permitted to view the streamed Material on a personal computer or device and You are strictly prohibited from publicly displaying the streamed Material.
- You are not permitted to make any screen grabs of the streamed Material.
- You may not charge any fee for any use of the Material and all commercial use or exploitation of any Material on the Web Site is expressly prohibited, including but not limited to generating any third party advertising or other consideration.
- Any copyright notice or mark appearing on any material on the Web Site must be included on any copy of any Material You are permitted to make under these Terms and the terms as they pertain to a specific program.
- You must keep all Material intact and in the same form as presented on the Web Site; You may not modify or alter it in any way without the express permission of 10.
- You must not use the Web Site or any of the Material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of 10 or any other owner of any rights in the Material contained in the Web Site.
- modifications, adaptation or reselling any Material on the Web Site;
- any commercial use of Material on the Web Site, unless such use is authorised in writing by 10;
- any form of representation, including linking or framing, that could mislead or deceive a person into believing that the Material is from a source other than the Web Site; and
- unauthorised copying, reproduction, republishing, downloading or communicating of any of the material on the Web Site.
- The ONE, BOSS, PEACH, ALL-ACCESS logo and trademarks are registered trademarks of Network 10 Pty Limited and may not be used without the prior specific and written permission of 10.
- No other trademark appearing in the Web Site may be used without the prior specific and written permission of the trademark owner.
- Except where expressly stated, 10 makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided ‘as is’ without express or implied warranty of any kind.
- Other than warranties and conditions implied by relevant legislation including the Australian Consumer Law 2010, the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void (“Non-excludable Condition”), 10 excludes all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site.
- If 10 is liable to You arising from a breach of any Non-excludable Condition (other than one implied by the Australian Consumer Law 2010), 10 limits its liability to You for that breach, at 10’s option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. Other than liability for any Non-excludable Condition, 10 excludes all liability for any damages whatsoever including without limitation any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of the Web Site or the use or performance of information contained in it.
- Neither 10 nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
- There may be occasions where certain areas of the Web Site contain adult or mature content. In those circumstances, You must be at least 18 years of age to access and view such areas. By clicking “I Accept” (or providing other appropriate form of acknowledgement as required) where indicated before entering certain parts of the Web Site You certify that You are 18 years of age or older.
- 10 accepts no responsibility for Your actions or omissions, and You agree by accessing and/or using the Web Site, to indemnify and hold harmless 10 and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against 10 by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by 10 as a direct or indirect consequence thereof, including in relation to any content or material You contribute to the Web Site.
- You agree that 10 may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of Your activities in relation to the Web Site, including providing any and all information held by 10, including Your personal or other details, to those authorities and law enforcement agencies.
- You agree that 10 may in its absolute discretion terminate or suspend Your password or registration for any reason with or without notice. 10 will not be liable to You or any third party for any such action, including termination of Your registration.
- If Your password or registration is terminated, You agree to immediately destroy any Materials in your possession unless otherwise agreed in writing by 10.
- Notices to You may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Web Site.
- Governing LawThe Terms constitute the entire agreement between You and 10 and, except where stated otherwise, will be governed by the Laws of New South Wales, Australia. If any provision of the Terms is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
NBC specific terms and conditions
If you download material produced and / or provided by NBC, you must also agree to the following terms and conditions:
By accessing, using and browsing this portion of the website (the “Site”), you accept without limitation or qualification, the terms and condition below (the “Agreement”). Please read this Agreement carefully before accessing or using the Site.
No material from the Site owned, operated, licensed or controlled by NBCUniversal Media, LLC or any of its related, affiliated or subsidiary companies may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of NBCUniversal. Modification of the materials or use of the materials for any other purpose is a violation of NBCUniversal’s copyright, trademark and other proprietary rights.
Images of the licensed property displayed on this Site are either the property of NBCUniversal or used with permission. Except as specifically permitted herein, the use of these images by you, or of the licensed property may violate copyright laws, trademark laws, the laws of piracy and publicity, and communications regulations and statures.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on this Site are registered Trademarks of NBCUniversal. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of NBCUniversal. Your misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited. You are also advised that NBCUniversal will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
The information contained in this Site is provided “as is” and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Further, this information may include technical inaccuracies or typographical errors. NBCUniversal may make improvements and/or changes in the products and/or the information described in the Site at any time without notice. As such, changes may, without notice, be periodically added to the Site.
Any questions, corrections or comments concerning this Site may be reported to NBCUniversal. Please note, however, that any feedback information, such as questions, corrections, comments, suggestions, ideas and the like regarding the content of this Site, or any work, shall be deemed to be non-confidential and shall have no obligation of any kind with respect to such information. Further, NBCUniversal shall be free to use, disclose, reproduce and distribute such feedback information to others without limitation, and NBCUniversal shall be free to use, and shall be the owner of, such ideas, concepts, know how or techniques contained in such feedback information for any purpose whatsoever without compensation to any other party, including, without limitation, developing, manufacturing and marketing products incorporating such information.
The Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, then that provisions shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
CBS specific terms and conditions
If you download material produced and / or provided by CBS, you must also agree to the following terms and conditions:
As part of the Site’s asset management function, 10 will make available to Authorized Users certain Material. As an Authorized User, 10 grants you a limited, personal, non-transferable, non-assignable, non-exclusive, revocable license to access and view the Materials for the advertising and promotion of the Materials, but only in furtherance of your business relationship with 10 or 10’s business. You agree that: (i) you will not sublicense, assign or otherwise transfer the license set forth in these terms and conditions; and (ii) that you will not: (1) modify or copy the Materials or use the Materials for any commercial purpose unrelated to the marketing and promotion of 10’s content in furtherance of your business relationship with 10; (2) attempt to decompile, reverse engineer or disassemble any software contained on the Site or in the Materials; (3) remove any copyright, trademark or other proprietary notations from the Materials; (4) transfer or allow access to the Materials or the Site to a person or entity that does not need to receive the Materials to further your business relationship with 10; (5) use the Materials in connection with third party brands or third party intellectual property unless the use is pre-approved in writing by 10; or (6) “mirror” the Materials on any other server. Your misuse of the Materials is strictly prohibited. The rights granted in these Terms will automatically terminate if you violate any of these restrictions, and may be terminated by 10 at any time, in its sole discretion.
III. PASSWORD AND ACCESS RIGHTS
As an Authorized User, you understand and agree that you are responsible for all activities that occur under your account, and agree that you will not sell, transfer or assign your access rights. You also understand that 10 and its authorized agents will be entitled to monitor your account. You understand that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer so that others may not access the Site using your user name or password in whole or in part. You will notify 10 immediately if you believe your password has been compromised or security of your account is threatened in any way.
When you submit your information to become an Authorized User you represent and warrant to Company that: (a) you are using your actual identity and the information you provide to Company is true, complete, correct and current, and that you will maintain and update that information as circumstances require; (b) you have the capacity to enter into these Terms (i.e., you are of sufficient legal age and mental capacity); and (c) you are otherwise entitled to be legally bound in contract. 10 reserves the right to terminate or suspend your access, or deny or refuse access to the Site to any person at any time. If you cease to be an Authorized User for any reason, you must destroy any Materials in your possession, whether in electronic or printed format, unless instructed otherwise by 10.
IV. RESTRICTIONS ON USE
You agree not to:
- transmit or otherwise make available any content that is harmful, threatening, abusive, harassing, tortious, defamatory, disparaging (including disparaging of 10), vulgar, obscene, pornographic, libelous, or invasive of another’s privacy, or that promotes violence, racial hatred, terrorism or illegal acts or is otherwise objectionable;
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or in connection with the Materials or 10;
- transmit or otherwise make available any content that you do not have the right to transmit or otherwise make available under law, contract or fiduciary relationships;
- in connection with the Site, Materials or 10’s business, transmit or otherwise make available any personal advertising, personal promotional materials, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services;
- violate any applicable local, state, federal or international law, rule or regulation;
- harass, stalk or otherwise abuse another Authorized User;
- transmit any code, file or program designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware, telecommunications equipment or other technology used in connection with the Site (including, without limitation, any virus, worm, trap door, back door, Trojan horse or other technology that would allow unauthorized access to the Site or any Authorized User’s software, hardware, computing environment or network); or
- use the Site or Materials for any purpose other than for 10’s legitimate business.
You understand and agree that 10 may add, revise, discontinue, delete or suspend any content on the Site at any time, without notice and without liability.
Our Commitment to you
At 10 we take your privacy and our obligations under the Privacy Act 1988 (Cth) very seriously. Any personal information you provide to us will be managed carefully. We have a range of procedures in place to help protect your privacy.
At 10 we conduct our operations in accordance with the National Privacy Principles. These are minimum standards that set out the general principles governing information handling practices for organisations like 10. We are also committed to high standards of privacy protection in our journalism through our adherence to the Commercial Television Industry’s Code of Practice.
What personal Information does 10 collect?
The type of personal information we collect varies according to how you interact with 10. Some examples include:
- When you complete any application forms
- Through telephone calls
- Visits to our Web Sites (including via any of our i-apps)
- Letters and other material sent by you to 10
- Material submitted in competitions
- Feedback, comments or suggestions on programs and other activities of 10
- Through the Buyten Web Site
- As a customer or client of 10
- When you provide a service or products to 10
- Security surveillance of our premises (eg video, card access).
The type of information we collect will very much depend on what you give us. It might be your name, address, telephone number, email address, work contacts, photographs, interest, hobbies and any other personal details you wish to provide. We do not try to collect sensitive information, but some people volunteer sensitive information anyway.
10 reserves the right to perform statistical analysis of user activity and characteristics in order to measure interest in and use of the various areas in the Web Sites or our i-apps and to inform others of such information, as well as the number of users who have been exposed to or have clicked on any particular areas in the Web Sites or our i-apps. You acknowledge that when you disclose personally identifiable information on the Web Sites, that information, along with any substantive information disclosed in your communication, may be collected and collated and used and disclosed by Network 10 and may result in marketing and promotional messages being sent to you from 10 or its associates and affiliates.
There may be times when we ask for personal information from you and you do not wish to provide it. We do not have a problem with that but it may mean, for example, that you can’t register to use our site or provide you with a particular service that you want.
We would appreciate it if you could let us know when personal information you have supplied to us needs to be updated or is no longer valid.
What does 10 do with the personal information?
The purpose for which we collect the information is to give effect to the particular interaction you have with 10. That might be, for example, when you participate in a competition we run, for publicity or promotion of a Network personality or for developing the business relationship between you and 10. We may share the personal information that you have given to us with other companies within our group, our associates and affiliates.
We may also use your personal information for related purposes that you would reasonably expect. We take particular care with any sensitive information.
There may be circumstances where we want to use your personal information to let you know about programs or to get your feedback on our operations. If we use your personal information for direct marketing purposes, we will give you the opportunity to opt out of receiving any further marketing material.
If we have contracted out a service to a third party, we may need to disclose your personal information to that third party to ensure that you get the service needed. In these circumstances, we require the third party to protect the privacy of the information that is disclosed to it.
There may be circumstances where the law requires us to disclose the information, or where disclosure is required to prevent a risk to health or safety or for law enforcement purposes.
How do we look after your personal information?
We have internal security measures in place to help protect personal information from misuse, modification, unauthorised access, or disclosure. We have a security system in place to deal with the physical security of our premises and the personal information kept at our premises. We have procedures in place to maintain a secure computer/ electronic system. We take reasonable steps to ensure that work areas are secure, and information on databases is protected by pass words and accessed only for legitimate purposes. All our staff are made aware of their obligations under the privacy principles to make your privacy a priority in dealing with personal information.
We take reasonable steps to ensure the information we collect, use and disclose is accurate, complete and up to date.
When we no longer need your personal information we have procedures in place to either destroy it in a secure manner or to permanently de-identify the information.
Can You Access or Correct Information Held by 10?
We maintain records of personal information we have collected. You can gain access to the personal information held by 10 about you in two ways. If you have registered with 10 through the Web Sites, most information held by 10 about you can be viewed and changed directly by you by logging into the Web Sites using your username and password and reviewing your preferences. Except in some limited circumstances such as where the information is commercially sensitive, any other information held by 10 about you is available by contacting the Network Privacy Officer. Contact details for the Network Privacy Officer can be found at Contact Us.
You can submit a request for access to your personal information to the Network Privacy Officer. We will process a request for access as quickly as possible. We reserve the right to impose a reasonable charge for processing and collating personal information, where appropriate and permitted under the Privacy Act 1988.
If you inform us that the information we hold is incorrect we will, if appropriate, amend those records.
Do you have a complaint?
If you are concerned that there may have been some inappropriate use or disclosure or any other breach relating to your personal information, we want to know about it. The contact person for complaints is the Network Privacy Officer. All complaints will be investigated. Details about how to lodge a complaint can be found at Contact Us.
Have we answered your questions about privacy?
If you have other questions regarding our information handling processes, please Contact Us.