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TERMS OF USE

Welcome to the Total Girl magazine website ("the Site") which is owned, controlled and operated by nextmedia Pty Ltd ("nextmedia"). 

These Terms of Use are important and you should read them carefully.

The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and Total Girl magazine.

We have created the Site for your information, personal enjoyment, entertainment and education. However, your use of and access to the Site is conditional upon your acceptance of and compliance with these Terms of Use and the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, and on you complying with all applicable laws of the Commonwealth of Australia (including its states and territories).

Your use of, and/or access to, the Site constitutes your agreement to these Terms of Use. Total Girl reserves the right to amend the Terms of Use at any time. Any changes will be published in this web document. Since you are bound by these Terms of Use, you should periodically refer to this web document to monitor changes.

If you become aware of misuse of the Site by any person, please contact the Site Administrator with your concerns at totalgirl@nextmedia.com.au

Access & Use

All information, text, material, graphics, software and advertisements on the Site ("Content") are protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Total Girl.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Total Girl or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audio-visual material available on the Site.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

The Site contains links to other websites outside the Site for your information and convenience. Total Girl makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Disclaimer and limitation of liability

While Total Girl does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.

Where any applicable legislation implies any term, condition or warranty into these Terms of Use or into Total Girl's relationship with you or otherwise gives you a particular remedy against Total Girl ("Implied Terms") and that legislation or any other legislation prevents the operation of provisions excluding or modifying the application of the Implied Terms, then the Implied Terms will be deemed to be included in these Terms of Use. However, Total Girls' liability for any breach of an Implied Term will be limited, to the extent permitted by law, at Total Girl's option, to the following:

a. in the case of services supplied or offered through the Site, the supply of the services again, or the payment of the cost of having services supplied again; and 

b. in the case of goods supplied or offered through the Site, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired. 

Except to the extent that the Implied Terms are included in the Terms of Use, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating in any way to the Service are excluded.

Subject to the Implied Terms:

a. Total Girl DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable. 

b. You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site. 

c. You acknowledge that Total Girl, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Site. 

d. You acknowledge that Total Girl is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person. 

e. You acknowledge that Total Girl is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site. 

f. You expressly acknowledge and agree that Total Girl does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

Acceptance of nextmedia's Privacy Policy

Total Girl is published by nextmedia Pty Ltd, and as such, is governed by nextmedia’s Privacy Policy.  You acknowledge and accept that your use of the Site signifies your agreement to the Privacy Policy, to which there is a link on the Site. nextmedia may at any time vary the Privacy Policy by publishing a revised edition on the Site. You accept that by doing this we have provided you with sufficient notice of the variation.

Contact Us

If you have any feedback you wish to provide Total Girl in relation to this Site please Contact Us link on the Site. When you "contact us", you will be asked to provide personal information which Total Girl handle in accordance with its governing Privacy Policy.

In particular, Total Girl will use your personal information for the purpose of further developing this site and informing people about magazine and/or online publications. The personal information you provide may also be used for the purpose of sending you information regarding products available through Total Girl and its business partners, as well as in relation to nextmedia and its publications. Your consent will be sought at the time you "contact us" as to whether you would like to receive such information.

Furthermore, if you wish to no longer receive such information from Total Girl or nextmedia, you can elect to be removed from their database at any time by contacting the Privacy Officer in writing or email at privacyofficer@nextmedia.com.au

Termination

The Terms of Use are effective until terminated by Total Girl. Total Girl may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses and waivers granted by you and all Total Girl disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.


Copyright 2016 nextmedia Pty Ltd

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