1. Application of the Terms of Use
Subscribers
If you are a subscriber to the AAP Features Service, these terms (Terms)
together with any additional terms, conditions and disclaimers contained in the
written agreement between you or your employer and Australian Associated Press
Pty Limited (AAP) governing your use of the AAP Features Service (AAP
Features Subscriber Agreement) form the conditions of use and access to
and supply of content made available at the AAP Features Web Site (Content).
You must use the AAP Features Web Site and the Content strictly in accordance
with each of the Terms and the AAP Features Subscriber Agreement. Please read
and ensure that you understand each of the Terms and the AAP Features
Subscriber Agreement before you use the AAP Features Web Site and the Content.
Casual Users
If you are a casual user of the AAP Features Service, you must sign an AAP
Features Casual Use Agreement before using the AAP Features Service.
These Terms together with the additional terms, conditions and disclaimers
contained in the AAP Features Casual Use Agreement between you and AAP form the
conditions of use for access to and supply of Content on the AAP Features Web
Site.
You must use the AAP Features Web Site and the Content strictly in accordance
with each of the Terms and the AAP Features Casual Use Agreement. Please read
and ensure that you understand each of the Terms and the AAP Features Casual
Use Agreement before you use the AAP Features Web Site and the Content.
2. The AAP Features Web Site
The AAP Features Web Site is operated by Australian Associated Press Pty Ltd
and its related bodies corporate (collectively AAP).
Your use of the AAP Features Web Site and the AAP Features Service constitutes
your acceptance of these Terms.
For existing AAP subscribers or casual users, the Terms are separate and in
addition to other subscriber agreements and terms and conditions that govern
your use of AAP content obtained by other means.
3. Use of Content included on the Features Web Site
The copyright in the information provided through the AAP Features Service is
either owned by or licensed to AAP (see item 6 below). You may not use this
information for any purpose or in any medium or format unless you or your
organisation have a signed an AAP Features Subscriber Agreement if you are a
subscriber, or an AAP Features Casual Use Agreement if you are a casual user
and strictly adhere to the terms of such agreement.
4. Accuracy of content
The AAP Features Web Site, the AAP Features Service and Content included on
them are published for information purposes only without assuming a duty of
care. AAP is not in the business of providing professional advice, and gives no
warranty, guarantee or other representation about the accuracy of the
information or images contained on the AAP Features Web Site or in the AAP
Features Service. AAP is not liable for errors, omissions in, delays or
interruptions to or cessation of AAP Features Service and/or the AAP Features
Web Site through negligence or otherwise.
5. Limitation of liability
All express or implied representations,
conditions, warranties and terms relating to the AAP Features Service, the AAP
Features Site or these Terms not contained in these Terms are excluded from
these Terms to the extent permitted by law.
Nothing in these Terms exclude, restrict or modify any
condition, warranty, right or remedy implied or imposed by any statute or
regulation if it cannot lawfully be excluded, restricted or modified.
If the law, including the Trade Practices Act 1974 (Cth) (as amended) or
any similar legislation, implies or imposes a non-excludable condition or
warranty which can be limited, the liability of AAP to you for breach of that
condition or warranty will be limited - as AAP determines to:
(a) supplying the service again; or
(b) paying for the cost of supplying the service again.
In no event will AAP or its licensors be liable to you or third
parties for any indirect, consequential, special or incidental damages in
respect of the AAP Features Service, the AAP Features Web Site or any act or
omission on its part in relation to its obligations under these Terms
including, without limitation, payments to third parties, loss or revenue,
profits, goodwill or data however caused, whether or not:
such loss or damage was foreseeable or contemplated by either
party; and
AAP is advised of the possibility of such loss or damage.
In the event that AAP breaches any provision of these
Terms, AAP’s liability will in all circumstances be limited to the amount and
in the manner specified in the AAP Features Subscriber Agreement or the AAP
Features Casual Use Agreement, as applicable.
6. Copyright
Unless otherwise stated, AAP reserves all copyright in the content and design
of the AAP Features Web Site and the information contained in the AAP Features
Service. AAP owns all such copyright or uses it under licence or applicable
law.
You may view the AAP Features Web Site, the AAP Features Service and their
content using your web browser subject to the conditions set out in these Terms
and the AAP Features Subscriber Agreement or the AAP Features Casual Use
Agreement, as applicable.
7. Trade marks
The AAP Features Web Site and the AAP Features Service include registered and
unregistered trade marks, including but not limited to the word AAP, the AAP
logo and AUSTRALIAN ASSOCIATED PRESS. You may not use any of AAP's trade marks
or the names 'Australian Associated Press Pty Ltd' or 'Australian Associated
Press' without first obtaining AAP's prior written consent.
8. Privacy
AAP will collect and use personal information in accordance with AAP's privacy
policy which is found at -
http://aap.com.au/privacy-statement.asp.
9. Applicable law
These Terms will be governed and construed in accordance with the laws of the
state of New South Wales, Australia.
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