Terms and Conditions

Beyond the Game (“Site”) is owned and operated by Beyond the Game TV Pty Ltd, an entertainment and sport media solutions organisation registered in Melbourne, Australia (referred to in this document as “we,” “us” or “our”). These terms set out the rules and obligations between us and you (referred to here as “you,” “your” or “yourself”) while using this Site and we recommend that you read these terms carefully and contact us at info@BeyondTheGame.TV if you have any questions.

Agreement to Terms and Updates

This Site is designed and intended for your personal entertainment, information and communication. Your access to and use of this Site and its contents are subject to all terms contained herein and all applicable laws and regulations, without limitation or qualification, to the terms of use.

If you do not agree to these terms, your permission to access or use the website is automatically and immediately revoked and you must discontinue use of the website immediately.

The Terms of Use apply to all users of the Site.

We may revise the Terms at any time by posting the revised Terms on the Site, and you agree that your use of the Site after such changes will constitute your acceptance of such changes. You understand and agree that we may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.

Permitted Users

The Site is directed to persons 18 years of age or older. Some Content on the Site may contain adult language or material and be unsuitable for persons under the age of 18. We do not knowingly collect information from individuals under age 18. If you log into the Site from Facebook or provide information to the Site, you represent and warrant to us that you are 18 years of age or older.

Privacy Policy

We take all matters relating to your information and privacy very seriously. In order to receive newsletters, updates, post user content or to participate in certain areas of the Site you will be required to register some limited personal information. For further information of how we collect, use and retain your personal information and our ongoing commitment to protect your personal information and privacy, please visit our Privacy Policy for your review.

If you do not agree with the Privacy Policy, you are not authorised to use the Website.

Permitted Uses

The Site and its content, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (“Content”), is the sole and exclusive property of Beyond the Game TV Pty Ltd or the producers or other content providers or users. You agree not to access the Site by any means other than through a standard web browser or mobile device. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Site or in the Content.

The Site and Content are made available for personal, non-commercial entertainment viewing and exchange of ideas. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content.

Proprietary Rights

You acknowledge and agree that, as between you and us, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by us, our affiliates, suppliers, vendors or licensors, including without limitation producers.

Copyright: All Content is the copyright and property of Beyond the Game TV Pty Ltd and protected by Australian and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorised by us in writing.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to Beyond the Game TV Pty Ltd. Unauthorised use of any trademark on the Site may be a violation of trademark laws. Any names or trademarks of other parties referenced in the Site or Content do not constitute or imply affiliation, endorsement or recommendation by us of the other parties, or by the other parties of the Site or its Content.

Communication

The Site may include message boards and chat rooms that allow feedback to us and real-time interaction between other users. We do not control the messages, information or files delivered to Message Boards, unless specified otherwise. Use of message boards is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through message boards, including without limitation as necessary to satisfy any law, investigation, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

Message board communications will be in the public domain and are not confidential. It is a condition of your use of the message boards that you comply with.

Promotional Campaigns

Competitions and promotional campaigns may be run on the Site from time to time. Each competition and promotional campaign shall be subject to separate terms and conditions which shall form part of these Terms of Use. Any competition or promotional campaigns operated by Third Party Sites will not form part of these Terms of Use and will be subject to third party terms and conditions which will be outside our control.

Links to Other Websites

The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under our control and we are not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. We disclaim all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Linking to the Site

You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of the Site, its Content or Beyond the Game TV Pty Ltd; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organisation or entity is sponsored by, endorsed by, affiliated with, or associated with us or the Site; and (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website. We reserve the right to revoke our consent to any link at any time and in its sole discretion. You agree to take down the link if we revoke our consent.

Disclaimer, Limitation of Liability and Indemnity

The Site, Content, user content, information, images, trademarks, logos, videos, text, graphics and products and services offered by us, our parent, associated and affiliated companies or undertakings, are provided ’AS IS’ and on an ’AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind whatsoever, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.

You acknowledge that the Site is provided over the Internet and so the quality and availability of the Site and interactive portions of the Site may be affected by factors that are outside our reasonable control. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of malware, bugs and/or viruses.

Except as required by law, we or our parent, associated and affiliated companies or undertakings will not be responsible or liable for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses, malware or bugs contained on the Site; (b) your negligence, your breach of the Terms of Use or your failure to follow our reasonable instructions provided by us; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised or unlawful use of the Site; (e) any use, software, content or service on any third party site; (f) any damage, loss or corruption of any User Content, data, information or material; (g) any problems or technical malfunction of any ISP, telephone network or lines, computer online systems, servers, computer equipment and/or software; (h) any monetary loss or for any indirect, special, incidental, consequential or other economic damages or loss, arising out of or in connection with the use of the Site; or (i) any other factor that is outside our reasonable control or any combination thereof. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect any of your statutory rights.

You agree to indemnify, defend, secure and hold harmless and keep us, our subsidiaries, licensors and affiliates and their respective directors, officers, agents, employees and representatives the same from and against all costs (including reasonable legal costs), claims, loss, damage or proceedings incurred by or arising to us by reason of: (a) your breach of the provisions of this Agreement, including any of the promises, obligations, warranties and representations made by you contained in these Terms of Use; or (b) any infringement of the proprietary rights, including intellectual property rights, or any other rights (including rights arising in contract(s), confidence, privacy or rights of publicity) of any other person or entity or any other third party claims, losses, damages or proceedings arising out of our use of any of your User Content on the Site.

Governing Law and Disputes

If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting us at info@BeyondTheGame.TV. We will consider reasonable requests to resolve the dispute. Any claim, dispute or matter arising under or in connection with the Site or these Terms of Use shall be exclusively governed and construed in all respects by the laws of Australia.

In simple terms, if you were able to bring a claim arising from or in connection with the Site or these Terms of Use against us in Court, only acceptable court would be a court located in Australia. You agree that Australian law will exclusively apply in all cases where permitted.

Miscellaneous

If any term or provision contained in these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these terms and provisions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining terms and provisions shall survive and continue to be binding and enforceable.

The failure or delay by us to exercise or enforce any right in these Terms of Use does not waive our right to enforce that right.

The Terms of Use and any additional terms which may relate to competitions, promotions etc. constitute the whole legal agreement between you and us and govern your use of the Site and completely replace any prior agreements between you and us in relation to this Site and any other terms of use that may have been in force prior to this.

You acknowledge and agree that each member of our group of companies including our parent, associated and affiliated companies or undertakings of which we are a part shall be third party beneficiaries to the Terms of Use and those companies or undertakings shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms of Use.

The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.

Questions? Please direct any questions you may have about these Terms of Use and conditions, or technical questions or problems with the Site, to info@BeyondTheGame.TV.