NiteGuide - Your Nightlife Directory

Last Updated: 11 Feb. 07
Niteguide.com.au (“Site”) is owned and operated by Niteguide Pty Ltd (ABN 53 123 571 157) (“Niteguide”). Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (“Terms of Use”). Your use of, and/or access to, the Site constitutes your agreement to the Terms of Use. Niteguide reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document.

Member Accounts and Security

If you choose to join as a Niteguide Member, you must complete the registration process by providing Niteguide with current, complete, and accurate information as prompted by the Registration Form. You are entirely responsible for maintaining the confidentiality of your password and login name. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify Niteguide immediately of any unauthorised use of your account or any other breach of security.

Intellectual Property and Restrictions of Use of Content on the Site

All information, text, material, graphics, software and advertisements on the Site (“Content”) are Copyright © 2007 Niteguide, its suppliers and/or licensors unless expressly indicated otherwise on the Site. The Content is protected by Australian and international copyright and trademark laws. Content on the Site is published in real-time, and 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 Niteguide or its affiliates. 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:

Using an industry-standard Web browser, download and view the Content for your personal, non-commercial use; or
If you are an Internet service and/or access provider, supply the Content to your subscriber.

You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Niteguide or an affiliate or which is prohibited by the Terms of Use.

Communication Facilities

The site contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Niteguide, real-time interaction between users and other electronic messaging and notice services (“Communication Services”).
It is a condition of your use of any Communication Facility and your access to the Site that you do not do any of the following:

Restrict or inhibit any other user from using or enjoying any forum;
Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
Post or transmit any material of any kind which violates or infringes upon the rights of another person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark, or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
Post or transmit any material of any kind which contains a virus or other harmful component;
Post, transmit or in any way exploit any material for any kind of commercial purposes or which contains promotion material or advertising;
Delete any author contributions, legal notices or proprietary designations of labels in any file that is uploaded; or
Download any file posted by any other user of a forum if you know, or reasonably ought to know that the file cannot legally be distributed in such a manner.

Niteguide may from time to time monitor or review the contents of its Communication Facilities. While Niteguide reserves the right to edit, refuse to post, or to remove any information and/or materials (in whole or part) that in Niteguide’s sole discursion is in any way objectionable or in violation of any applicable law of the Terms of Use, Niteguide has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Niteguide responsible for any contents in ay Communication Facilities (including any information, comments and/or advice of any individual referred to as a guest or member whose statements on the Site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
Niteguide reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect to anyone posting any materials which violate any applicable or relevant law.

User Licence to Niteguide

By placing any information or other material on the Site (including posting messages, uploading files, inputting data or engaging in any form of communication), you grant to Niteguide a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect to the information or material:

Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Niteguide and any other party authorised by Niteguide all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Niteguide, you will execute and deliver to Niteguide such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, Links to Third Party Websites and E-Commerce Offers

The Site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Niteguide and Niteguide is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Niteguide provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Niteguide or its affiliates. You link to any such website entirely at your own risk.
The Site also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Niteguide or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Niteguide, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Disclaimer and Limitation of Liability

The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by Niteguide of goods or services on the Site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Niteguide does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:

all Content is provided "as is" and without warranties of any kind, either express or implied,
Niteguide and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
Niteguide does not warrant that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,
Niteguide does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
you (and not Niteguide) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of Niteguide) will Niteguide or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that Niteguide does not exert control over users of the Site (including individuals referred to on the Site as guests and members) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Niteguide’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Niteguide to the following:

in the case of services supplied or offered by Niteguide, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Niteguide, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by Niteguide, and Niteguide 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 granted by you and all Niteguide disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks of Niteguide and its Affiliates

Trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of Niteguide, the relevant Niteguide affiliate or third-party owner.

Miscellaneous

Niteguide relies on your continued observance of these Terms of Use. If Niteguide suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Niteguide for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.