These Terms apply to the Spook Magazine website www.spookmagazine.com (“Website”) and any features, applications, widgets or online services, whether accessed via computer, mobile device or otherwise (collectively, “Site”). The Site is owned or controlled by Dam Media Services Pty Ltd (A.B.N. 33 135 960 860) (“Spook Magazine,” “we,” or “us”).
By accessing or using our Site, you agree to adhere to any guidelines or policies that we may post on the Website from time to time.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Spook Magazine logo, any trade marks and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, the “look and feel” of the Site; and all other materials related to the Site (collectively, the “Materials”) are the proprietary property of Spook Magazine or our licensors.
Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for Spook Magazine and/or its current or future subsidiaries or affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Spook Magazine’s rights to exploit fully any or all of the Materials.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorisation of Spook Magazine, unless and except as is expressly provided in these Terms. Any other use of the Materials without the prior written authorisation of Spook Magazine is strictly prohibited.
To seek the written authorisation of Spook Magazine for reproductions of Materials, please contact us at firstname.lastname@example.org
GRANT OF RIGHTS
You may visit our Site without further permission from Spook Magazine and Spook Magazine grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to use, download and view the Materials. This license is subject to your full compliance with these Terms. When you download or access the Materials, you agree to and you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any code associated with the Site. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage or as expressly authorised by Spook Magazine).
The Site may provide you and others with the opportunity to leave comments on the Site through one of your existing social media accounts, including but not limited to Facebook, Yahoo, AOL and Hotmail, including, without limitation, comments, ideas, reviews, suggestions and other content (collectively, “User Content”). You shall be governed by the terms of your account with such social media account.
By publishing the User Content on the Site you grant to Spook Magazine the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify and create derivative works of, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or later developed; and with any technology or devices now known or later developed and to advertise, market and promote the same.
You further perpetually and irrevocably grant Spook Magazine the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else.
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Spook Magazine these licenses. Upon Spook Magazine’s request, you will furnish Spook Magazine with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You agree that Spook Magazine has no obligation to monitor or enforce the intellectual property rights of your User Content. You further acknowledge and agree that Spook Magazine does not and will not have any obligation to review, monitor, display, accept or exploit any User Content and Spook Magazine may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time without notice or liability to you or any other party. You understand that User Content need not be maintained on the Site by us for any period of time and we reserve the right to delete it at any time.
All of your User Content is your sole responsibility. This means that you, and not Spook Magazine, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available via the Site.
If you post personal information to publicly available areas of the Site then you may receive unsolicited messages from third parties. Under no circumstances will we be liable in any way for any User Content including, without limitation, any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content.
You are also solely responsible for your interaction with other users of the Site. We are not responsible or liable for the conduct of any user.
By accessing or using the Site, you agree to act responsibly, exercise good judgment and comply with any guidelines or policies we may have on our Website at any time. In addition, you warrant and agree not to:
(a) use the Site in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
(d) use the Site in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Site);
(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other user of our Site;
(f) collect or store any information about any other user other than as permitted on our Site;
(g) use our Site for any commercial purpose whatsoever, unless with prior written consent from Spook Magazine ;
(h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
(i) circumvent or attempt to defeat any security or verification measure relating to use of the Site;
(j) hold yourself out as an agent, representative, employee or affiliate of the Site; or
(k) assist any third party in doing any of the foregoing.
In using the Site, you may be exposed to content from third parties (“Third-Party Content”), either through the Site or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate and bear all risks associated with Third-Party Content.
You understand that by accessing the Site you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use the Site at your sole risk and Spook Magazine shall have no liability to you for any of the Materials that may be found to be offensive, indecent, or objectionable.
USER’S REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that you have the full power and authority to enter into and perform under these Terms. You hereby represent and warrant that you will use our Site in a manner consistent with any and all applicable local, state, national and international laws and regulations.
DISCLAIMER OF WARRANTIES
The Site, including, without limitation, the Materials, are provided on an “as is,” “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Spook Magazine nor any of its members, managers, employees, directors, officers, shareholders, agents, vendors or contractors (collectively, “Spook Magazine Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Site; (b) the Materials on or provided through the Site; (c) User Content; (d) the functions made accessible on or through the Site; (e) any products, services or instructions offered or referenced on the Site; and/or (f) security associated with the transmission of information transmitted to or from Spook Magazine or via the Site. In addition, the Spook Magazine Parties hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Spook Magazine Parties do not represent or warrant that the Site or the functions contained on them will be error-free or uninterrupted; that defects will be corrected; or that the Site or the servers that make the Site available are free from any harmful components, including, without limitation, viruses or other malware. The Spook Magazine Parties do not make any representations or warranties that any information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely or reliable. You acknowledge, by your use of any Site, that your use is at your sole risk. The Spook Magazine Parties do not warrant that your use of any Site is lawful in any particular jurisdiction, and the Spook Magazine Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these terms.
The Spook Magazine Parties do not endorse and are not responsible for User Content and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such User Content) for any loss, damage (whether direct, indirect, economic, exemplary, special, punitive, incidental or consequential), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content obtained through the Site.
LIMITS ON LIABILITY
In no event shall the Spook Magazine Parties be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, even if we have been advised of the possibility of such damages, arising from or relating to these Terms or your use of the Site.
We shall not be liable for any failure or delay in performing under these Terms, whether or not such failure or delay is due to causes beyond our reasonable control.
You shall defend, indemnify and hold harmless the Spook Magazine Parties from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out of your use or misuse of the Site, violation of these Terms or any breach of any representations and warranties contained herein.
You may not assign any of your rights or obligations under these Terms without prior written consent from Spook Magazine. Spook Magazine may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
These Terms and any policies or guidelines that are on the Website at any time contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
This agreement shall be governed by the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of the state of Victoria in resolving any dispute between yourself and Spook Magazine.
COMPETITION TERMS AND CONDITIONS
The Promoter is Dam Media Services Pty Ltd (A.B.N. 33 135 960 860), the publisher of Spook Magazine (“Spook Magazine”).
By entering a Spook Magazine competition, entrants accept these competition Terms and Conditions and any other terms and conditions which Spook Magazine may place on its website in relation to the competition. The Promoter’s decision not to enforce a specific part of these Terms and Conditions does not constitute a waiver of that term or of the Terms and Conditions generally.
Information on prizes and how to enter Spook Magazine competitions form part of these Terms and Conditions of entry.
Entry to Spook Magazine competitions are open to all Australian residents; excluding employees and their immediate families of the Promoter and its related entities.
To enter Spook Magazine competitions, entrants must answer all competition questions and entries must be received by the Promoter by the close of business on the specified closing date.
Prize winners of Spook Magazine competitions are selected at Unit 9 46-50 Regent Street, Richmond, 3121 Victoria on the specified competition judging date. Winners are contacted by email, mail or through social media within 5 business days of selection and may be announced on the Spook Magazine website or any other website or publications that are associated with the competition.
The judges’ decision is final and binding. As such, no correspondence will be entered into.
Competitions are games of skill and as such, winning entries are selected based on the creativity of entries submitted.
Unless expressly stated, all other expenses become the responsibility of the winner.
If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
Prize winners are advised that tax implications may arise from their prize winning and may wish to seek independent financial advice prior to the acceptance of the prize.
Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize or an element of the prize in the timeframe and manner stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
All prize winners agree to the use of their name and address suburb for publicity and competition purposes, without compensation.
The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.
As a condition of accepting the prize, the winner (and his/her companion – where applicable) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
Prizes are not redeemable for cash, credit or product and no exchanges are offered. The Promoter accepts no responsibility for any variation in the value of the prize (or part thereof).
The Promoter, its agencies and any other companies associated with this competition take no responsibility for prize damage or prizes that are lost in transit and the Promoter will not be responsible for any delay in delivery, damage to or loss in transit of the prize.
Each entrant’s personal information (“PI”) is collected to enable the Promoter to administer and promote the competition and the winner. The PI of winners may be provided to third parties who are assisting the Promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the Promoter, at its sole discretion, to be ineligible to win a prize. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
The Promoter assumes no responsibility for any error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer networks and systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any web site, or any combination of the above, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation or downloading any materials for any competition.
All entries become the property of Spook Magazine. As such, Spook Magazine is the owner of all copyright and other intellectual property in the winning responses and all entries.
The laws of the state of Victoria govern all Spook Magazine competitions unless expressly stated otherwise.
For all alcohol prizes: Entry is open to all residents of Australia aged 18 years and over (excluding residents of Northern Territory). No more than 20 litres of alcohol will be won by New South Wales residents. Once 20 litres of alcohol has been won by New South Wales residents, cash will be awarded in lieu of the remaining alcohol prize. The Promoter will require winners to provide proof of age. Identification considered suitable for verification is at the Promoter’s discretion. The Promoter encourages consumers to drink responsibly. Guidelines are available at http://www.nhmrc.gov.au/publications/synopses/ds10syn.htm.
The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of any Spook Magazine competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
If for any reason the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or to cancel, terminate, modify or suspend the competition.
In the case of the intervention of any outside agent or event which naturally changes the result of the competition or prevents or hinders the outcome of the competition, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions at a later date.
Please allow up to 28 days for delivery of prizes from the draw date. Prizes will be sent to the delivery addresses provided by the winners.