Terms of Access
Welcome to http://www.winningpost.com.au (referred to in these Terms of Access as the Website). The Website is owned and operated by Racing Victoria Limited (ACN 096 917 930) trading as Winning Post (Winning Post) on the World Wide Web (WWW).
In the event that Winning Post introduces a mobile phone application (App) in the future, these Terms of Access will also apply to any such App and any reference to the Website in the Terms and Conditions below shall be deemed to also be a reference to any Winning Post App.
The material on the Website is copyright © 2015 Racing Victoria Limited and/or other copyright owners and Racing Victoria Limited reserves all rights.
The Website is available for you to access and use conditional on your acceptance without alteration of the Terms and Conditions set out below. By continuing to access and use the Website you agree that you will be bound by and comply with these Terms of Access.
Terms and Conditions
1. Use of material on the Website
(a) Except for the limited use set out in paragraph (b) below you may not use the Website, or the material contained on it, for any purpose. This involves:
i. the reproduction of the material in any material form;
ii. the distribution of the material in any material form;
iii. re-transmission of the material by any medium of communication;
iv. uploading and/or reposting the material to any other site on the WWW; and/or
v. framing the material on the Website with other material on any other WWW site.
The above are specifically prohibited by these Terms of Access.
(b) Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material. Winning Post does not permit any commercial use of the Website without its express written agreement.
(c) You may not modify or copy:
i. the layout of the Website; or
ii. any computer software and code contained in the Website.
(d) Winning Post reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
i. re-sold and/or re-distributed in any material form;
ii. stored in any storage media; and/or
iii. re-transmitted in any media,
without the prior written consent of Winning Post.
2. Posting of User Content to the Website
Winning Post offers you the opportunity to submit your own personal contributions to the Website and its social networking pages including Facebook and Twitter, which may comprise you posting photographs, video footage or written commentary (User Content).
(a) In the event that you post any User Content to the Website or social networking sites, the following conditions will apply:
i. User Content must be your own work and must not include any material which is the copyright of another or infringes the intellectual property rights of another;
ii. User Content must be constructive and must not harm, offend or insult any person;
iii. copyright in the User Content remains with you;
iv. you grant to Winning Post an irrevocable, perpetual, royalty free right to use, reproduce, modify, adapt, publish the User Content, on the Website or any Club or industry related website. Winning Post may also redistribute User Content to third parties;
v. you acknowledge and accept that it may not be possible for Winning Post to attribute you as the author of User Content; and
vi. Winning Post may remove your User Content from the Website in its sole discretion for any reason and is not obligated to provide reasons for the removal of any User Content.
(b) It is your responsibility to ensure that User Content is lawful and does not, amongst others:
i. contain any virus;
ii. defame another;
iii. discriminate on the basis of sexuality, disability, marital status, race, sex and other attributes;
iv. breach any intellectual property rights, privacy laws or confidentiality undertakings; and/or
v. contain any links, advertising or marketing material.
3. Links to other Websites
The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of Winning Post.
In relation to the other sites on the WWW, which are linked to the Website, Winning Post:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Winning Post of the linked site; and
(b) is not responsible for the material contained on those linked sites.
The material on the Website is provided for your information only. It is not intended as advice and accordingly should not be relied upon as such. Winning Post:
(a) gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the material/information contained on the Website and/or linked sites on the WWW;
(b) to the full extent permitted by law, disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any material/information contained or referred to on the Website and/or of any linked sites;
(c) will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you acting, or failing to act, on any material/information contained on or referred to on the Website and/or any of the linked Websites;
(d) does not warrant, guarantee or make any representation that:
i. the Website, or the server that makes the Website available on the WWW are free of software viruses;
ii. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
iii. errors and defects in the Website will be corrected.
(e) is not liable to you for:
i. errors or omissions in the Website, or linked sites on the WWW;
ii. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
iii. defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Winning Post, its employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
You warrant to Winning Post that you will access the Website in a responsible manner and comply with these Terms of Access. If Winning Post suffers any loss or damage or incurs any costs whatsoever in connection with any breach of any of these Terms of Access or any other legal obligation then you agree to indemnify Winning Post for the losses, damages and costs it occurs as a result of your action (or failure to act).
6. Use of information gathered
Winning Post and/or people authorised by it may gather and process the information:
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.
7. Termination of access
Winning Post may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Winning Post has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
8. Alteration of Terms of Access
Winning Post reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
Any changes to these Terms of Access will become effective once published on the Website.
9. Relevant jurisdiction
If any provision of these Terms of Access are found to be void, unlawful, or unenforceable then that provision will be deemed to be severable from the these Terms of Access, and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms of Access are governed by and interpreted in accordance with the law of the State of Victoria, Australia.
You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of these Terms of Access.
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