Terms of Use
Your use of a website, including DiMetro.com (each a DiMetro website) owned by DiMetro Corporation Limited (we, our, or us) is subject to:
- these Terms of Use;
- the Copyright and Trade Mark Notice;
- our Privacy Statement; and
- any other terms, conditions, notices, or disclaimers displayed on the DiMetro website (collectively “Website Terms”).
In these Website Terms, references to “we”, “us”, “our” and “DiMetro” are references to DiMetro Corporation Limited.
By using the DiMetro website, you will be deemed to accept the Website Terms and agree to be bound by them.
Changes to the Website Terms
We may change the Website Terms from time to time by publishing an updated version on a DiMetro website. By continuing to use the DiMetro website, you will be deemed to accept the updated Website Terms and agree to be bound by them.
Registration May Be Required to Access
We may require you to register with us in order to access some parts of the DiMetro website.
Where you register with us, you must keep your registration details confidential; you will be responsible for any access to the DiMetro website using your registration details, even if the access is by another person, except to the extent such unauthorized access is caused by our gross negligence.
No Unlawful, Infringing, or Offensive Activity
You must not post or transmit to or via the DiMetro website any information or material or otherwise use the DiMetro website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy, or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
No Viruses or Other Interference
You must not transmit to or via the DiMetro website any virus or other information or material or otherwise use the DiMetro website in a way which:
tampers with, hinders the operation of, or makes unauthorized modifications to the DiMetro website;
inhibits any other user from using the DiMetro website;
defames, harasses, threatens, menaces, or offends any person; or
contains obscene, indecent, inflammatory, or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
We May Suspend or Terminate Your Access
We may suspend or terminate your access to all or any part of the DiMetro website at any time if you breach these Website Terms in our reasonable opinion.
Content That You Submit to the DiMetro Website
This section applies if you submit, post, transmit, or otherwise make any material available via a DiMetro website (your content).
Where you do so, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license to use, reproduce, modify, adapt, publish, or communicate to the public your content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
You warrant that you have the right to grant the above license, that our exercise of the license rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.
We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time, including to ensure the operational integrity of our services.
No Warranties or Representations
To the maximum extent permitted by law, and subject to the applicable consumer law provisions of these Website Terms:
we do not represent or warrant that the content on the DiMetro website is accurate, reliable, suitable, or complete.
Although we use reasonable care and skill in providing the DiMetro website, we cannot promise that the DiMetro website will be continuously available or virus or fault-free.
Our Liability to You
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.
We are not liable for any loss or damage to the extent that it is caused by you.
To the maximum extent permitted by law and subject to the applicable consumer law provisions in these Website Terms, we exclude any liability to you that may otherwise arise as a result of your commercial exploitation of the DiMetro website (or any part of it) for business purposes.
If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation (including non-excludable guarantees under applicable consumer law) then to the extent we are permitted to do so, we limit that liability to resupply of the services, information, or links and associated services, as the case may be.
Consumer Law
Subject to the previous paragraph, nothing in these Website Terms excludes or limits, or has the effect of excluding or limiting, the operation of applicable consumer law or any right you may have under applicable consumer law.
Your Liability to Us
You are liable to us for breach of the Website Terms or negligence under the principles applied by the courts.
You are not liable to us for any loss to the extent that it is caused by us.
Inconsistent Terms
If there is an inconsistency between these terms of use and any other terms displayed on individual pages of the DiMetro website (“other terms”), the other terms will govern to the extent of the inconsistency.
No Waiver for Breaches
If we do not act in relation to a breach of the Website Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you.
If you do not act in relation to a breach of the Website Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.
Copyright and Trade Mark Notice
This Copyright and Trade Mark Notice applies to the dimetro.com website and all other pages and websites owned or operated by or on behalf of DiMetro (each a “DiMetro website”).
Our Content
All copyright and other intellectual property rights subsisting in the DiMetro websites and the material on the DiMetro websites (including, without limitation, the software, design, text, and graphics comprised in the DiMetro Websites and the selection and layout of the DiMetro websites) are owned or licensed by us and protected by the laws of Australia and other countries.
You are authorized to view the DiMetro websites and their contents using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify, or publish or otherwise use any of the material on the DiMetro websites, including audio and video excerpts, except as permitted by statute or with our prior written consent.
Content from Third Party Suppliers (“the Copyright Owners”)
The text, photos, graphics, audio, and video works are only for personal use anticipated by this service and the arrangements with the Copyright Owners (“the Permitted Use”) and must not, directly or indirectly, be published, rewritten for broadcast, communication, or publication or redistributed in any medium.
Such copyright materials and works must not be stored in any electronic or other system except for the Permitted Use. No other party or any other person may hold the Copyright Owners liable for any delays, inaccuracies, errors, or omissions in respect of such materials and works, the transmission or delivery of such materials and works, or any loss or damage arising from any of the foregoing.
Trade Marks
The DiMetro websites include registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law. You may not use any of those trade marks, the names ‘DiMetro Corporation Limited’, ‘DiMetro Corporation’, or ‘DiMetro’ or the name of any of our related companies without our prior written consent.
Links to Third Party Sites
The DiMetro websites may contain links to third-party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products, or services provided at those sites. You access those sites and use the information, products, and services made available at those sites solely at your own risk.
Linking to the DiMetro Websites
You may create a link to pages of the DiMetro websites. However, you must not:
display any page of the DiMetro websites in any distorted or altered form;
create a link to the DiMetro websites on any site unless that site conforms to accepted standards of public decency and good taste, does not expose us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party’s rights), and does not disparage us or our goods or services; or
create any link or use any link in any way to represent or imply falsely, deceptively, or confusingly that:
we sponsor, endorse, or are affiliated with or related to any third party (including you) or product; or
you are providing, or are the source of, any goods or services provided by us.
We reserve the right to withdraw linking permission by giving notice to you or updating this Copyright and Trade Mark Notice.
You agree to indemnify us from and against any loss or damage that we suffer or incur and that arises naturally (that is, according to the usual course of things) out of any claim by a third party against us in connection with any link that you create, except to the extent the claim is caused or contributed to by us. We will also take reasonable steps to mitigate our costs, damages, and loss arising from such claim.
Specific Disclaimers
Associated Press Disclaimer and Copyright Notice: Associated Press (“AP”) text, photos, graphics, audio, and video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither AP materials nor any portion thereof may be stored in any electronic or other system except for personal, non-commercial use. AP will not be held liable in any way to the User or to any third party for any delays, inaccuracies, errors, or omissions in respect of such materials and works, the transmission or delivery of such materials and works, or any loss or damage arising from any of the foregoing.
AAP Information Services Disclaimer and Copyright Notice: © [2021] AAP Information Services Pty Limited (AAP) or its Licensors: AAP content is owned by or licensed to Australian Associated Press Pty Limited and is copyright protected.
AAP content is published on an “as is” basis for personal use only and may not be rewritten, copied, resold, or redistributed, framed, linked, or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP; and
AAP and its licensors are not liable for errors, omissions in, delays or interruptions to, or cessation of the services through negligence or otherwise.
The globe symbol and “AAP” are registered trade marks.
AFP Disclaimer and Copyright Notice: AFP stories and photos shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use. AFP will not be held liable for any delays, inaccuracies, errors, or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service AFP does not obtain releases from subjects, individuals, groups, or entities contained in its photographs, graphics, or quoted in its texts. Further, no clearance is obtained from the owners of any trade marks or copyrighted materials whose marks and materials are included in AFP photos or materials. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for use of AFP stories, photos, or graphics.
Third Party Copyright
Illegal downloading / file sharing
The Copyright Act 1968 (Cth) protects materials such as films, music, books, and computer programs. You can break the law if you download, copy, share, or distribute this material unless you’re allowed to do so by the Copyright Act or you have the copyright owner’s permission. Please don’t use our services to do any of these things, because if you do, we might have to cancel your services (including your email account) and the copyright owner could take legal action against you.
If you do any of these things on a repeat basis, DiMetro has implemented a policy for dealing with infringers that may, in appropriate circumstances, result in us terminating a repeat infringer’s email or other account.
Designated Copyright Representative
Division 2AA of Part V of the Copyright Act 1968 (Cth) and Part 3A of the Copyright Regulations 1969 (Cth) establish a scheme (“Safe Harbour Scheme”) which limits the remedies available against carriage service providers for infringements of copyright that relate to the carrying out of certain online activities by carriage service providers.
DiMetro designates the person holding the position identified below as its designated representative to receive notifications and notices issued under the Safe Harbour Scheme in relation to all activities carried out by DiMetro as a carriage service provider. These activities cover a number of businesses of DiMetro and its subsidiaries, including DiMetro Media.
Designated Copyright Representative
DiMetro