terms of use

General

This website www.time2rock.com.au, and any sub-sites thereof, (together "the Site"), is published and maintained by Sony Ericsson Mobile Communications AB (ABN 89 098 849 417), or its subsidiaries or branch offices, (together "Sony Ericsson") for the information, education, enjoyment and use of Australian residents currently located in Australia. Please read these Terms of Use carefully. The Promotion Conditions of Entry form part of these Terms of Use. By using the Site you agree to accept, without limitation or qualification, these Terms of Use , the Promotion Conditions of Entry and the Sony Ericsson Privacy Policy. If you do not agree to the Terms of Use, the Promotion Conditions of Entry and the Privacy Policy, please do not use the Site.

From time to time, we may change or modify these Terms of Use. You should therefore visit these pages in conjunction with each visit to the Site. If you continue to use the Site after we have changed or modified these Terms of Use, it also means you agree to the new terms of use.

If you are browsing the Site as a non-commercial consumer, you may access material displayed on the Site for your non-commercial, personal use only and subject to these Terms of Use.

If you are browsing the Site as an employee/agent/member of any business or organisation, you may access or download material displayed on the Site only in accordance with these Terms of Use. This permission is specifically conditioned on you maintaining all copyright, trademark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the Site. Additionally, you may not:

  1. distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Sony Ericsson's prior written permission; or
  2. use any meta tags or any other "hidden text" or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to a Sony Ericsoon name, trade indicia, trademark, logo, product or brand without Sony Ericsson's prior written permission.

Ownership

All materials, including all images, software, logos, brands, trade names, tagalines, slogans, text and graphics, buttons, keywords, metatags and as well as the general "look and feel", ("the Content"), contained on the Site are either the property of, or used with permission by, Sony Ericsson, and are protected by copyright under national laws and international treaties. The marks, corporate logos and emblems displayed on the Site are subject to the trademark and other rights of Sony Ericsson or its content providers. Without limiting the foregoing, the two visual devices appearing below are the trademarks or registered trademarks of Sony Ericsson or are used under license from Sony Corporation or Telefonaktiebolaget LM Ericsson. The use of the Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission is provided elsewhere on the Site or specific permission is obtained from the third party owners. Any unauthorized use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statuesand Sony Ericsson or its content providers may be required to take legal actions to protect these rights.

The Content may be viewed and printed, and documents thereon distributed provided such documents are used for information and non-commercial personal purposes only and reference is made to Sony Ericsson whenever the document is used. You may not exchange, modify, sell or transmit anything on the Site. Press releases and other documents classified as public may be for public communication provided the source of the information is stated.

If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as non-confidential and non-proprietary. Sony Ericsson or its affiliates is free to use, without any compensation to you, anything you transmit or post and any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever. Furthermore, by sending or placing any such information, you grant to Sony Ericsson an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials including, without limitation, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. However, you agree and understand that Sony Ericsson is not obligated to use any such ideas or materials, and you have no right to compel such use.

Links

For your convenience, the Site may include links to sites on the Internet which are owned, published and maintained by third parties. Please note that such linked sits are not under our control, and therefore Sony Ericsson cannot assume any responsibility for the content of such linked sites. Your linking to any other site is entirely at your own risk. While Sony Ericsson may provide links on the Site to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. To the extent permitted by law, Sony Ericsson disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites. Links to the Site are prohibited without the consent of Sony Ericsson. Links do not, and are not intended to, create or constitute a legal affiliation between Sony Ericsson and any third party, any liability or responsibility on the part of Sony Ericsson for the content, advice, representations, products or services of any third parties, or any endorsement, warranty or guaranty of their products and services or the performance or quality of same.

Any software that may be available for download from the Site ("the Software") is the copyrighted work of Sony Ericsson or its content providers. The Software is made available for downloading solely for end-users personal use and its use is subject to terms of the end user license agreement, which accompanies or is included with the Software ("the License Agreement"). Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SONY ERICSSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT.

THE CONTENT CONTAINED ON THIS SITE MAY INCLUDE TECHNICAL INACCURANCIES OR TYPOGRAPHICAL ERRORS. SONY ERICSSON RESERVES THE RIGHT TO REVISE CONTENT AS NECESSARY TO CORRECT SUCH ERRORS WITHOUT NOTICE.

Protection of information

Internet transmissions are never completely private and secure. You understand that any message or information you send on the Site may be read or intercepted by others. Further, you should not give your password to anyone. Also, if you share your computer with other people, you should log out from the Site and close your browser window when you are done.

Age limit

Everyone is welcome to visit the Site. However, if you want to contribute to the different sections of the Site, for example join a club or group, enter a competition or upload content, you must register. In order to register, you must be at least 13 years old. If you are aged under 18 years, you must first obtain your parent's or guardian's consent..

Registration of user account

In order to contribute to the Site, you must register a user account with a log in name and password.

In order to register a user account in the manner required, you must provide your full name, date of birth, residential address, and current and valid email address. Incomplete, ineligible or incomprehensible user account registrations will be deemed invalid.

We recommend you use a pen name or pseudonym as your login name (rather than your real name) for security purposes. You will not be able to contribute to the Site unless you have registered a user account in the manner required. You must log in to your user account in the manner required each time you wish to contribute to the Site.

You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password. You agree to:

  1. immediately notify us of any unauthorised use of your password or account or any other breach of security; and
  2. ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account.

We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user login names which are the same as or similar to existing user log in names or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and user names which infringe copyright, contain brand names, company names or registered trademarks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another living person.

We will not accept any request to register a user account that we suspect is being made by or on behalf of a contributor who has been suspended from the site for breach of these Terms of Use or has been suspended as a user/contributor of another website for vexatious, illegal or inappropriate comments/contributions.

Online conduct

If you distribute content or add comments, you grant us the right to edit, copy, distribute, create derivative works from, and publish such content in any form and medium we choose. When you distribute content or add comments to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site.

Also, you are solely responsible and liable for all of your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site:

  1. Publish content that is illegal, obscene, or libelous.
  2. Harass, threaten, embarrass, or interfere with another user in any unwanted way.
  3. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
  4. Use vulgar or abusive language.
  5. Pretend to be someone else. You are not allowed to impersonate another user, or any other individual.
  6. Attempt to get another user's password.
  7. Publish any advertising or promotional material.
  8. Upload a virus or other harmful component.
  9. Interrupt or attempt to interrupt the Site.

We reserve the right to edit or remove content at any time, including but not limited to, any content that violates these standards. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site. We are not responsible for any objectionable material you may encounter while using the Site. Sony Ericsson reserves the right to change the Site in any way without notice to you. If you have authorised user access to the Site, your ability to access and use the Site may be terminated at any time without notice to you. We retain the right and absolute discretion to terminate your access to the Site if we believe that you are abusing or tampering with the Site in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Site. Our legal rights to recover damages or other compensation from such an offender are reserved.

Although Sony Ericsson may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Sony Ericsson is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. Any reliance you place on material posted on the Site is at your own risk. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the Site, you agree that you shall indemnify, and keep indemnified, Sony Ericsson, from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Sony Ericsson arising out of any claim or action that results from your accessing and use of the Site or in connection with any breach by you of these Terms of Use.

Sony Ericsson will fully cooperate with any law enforcement authorities or court order requesting or directing Sony Ericsson to disclose the identity of anyone posting such materials. In addition, you will not:

  1. Restrict or inhibit any other user from using or enjoying the Site;
  2. Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or
  3. Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.

If you consider that any contribution that has been posted is offensive, unsuitable or has in some other way breached these Terms of Use, please email us at webmaster@time2rock.com.au with a link to the relevant posting and your reasons for objecting to it. We will consider your objection and determine whether the posting should be removed in our sole discretion. You will not necessarily be contacted as to our decision.

Anti-Spam Notice

Publication of electronic addresses on the Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

Indemnification

Neither Sony Ericsson nor those who helped us to create, produce, deliver, and/or maintain the Site are responsible for any damages that may result from your use of the Site, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the Site. Therefore, you are entirely responsible for the consequences of your use of the Site. You agree to indemnify, defend and hold Sony Ericsson, providers, licensors and licensees, officers and parent companies (together "Indemnified Parties"), harmless from and against any and all liabilities, claims and expenses, including any attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, the foregoing representations, warranties and covenants. Every effort has been made to ensure the accuracy of the information on the Site. However, because of the nature of the medium and the risks of interruption and disruption, liability is excluded as set out below.

Disclaimer of warranties and damages

YOUR USE OF THE SITE IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE STATED IN THE TEXT OF A WEBPAGE OF THE SITE OR AS REQUIRED BY LAW, THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THE SITE, SONY ERICSSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (EITHER EXPRESSED OR IMPLIED) WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; OR (2) THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY ERICSSON'S NEGLIGENCE, SHALL SONY ERICSSON OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF SONY ERICSSON OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Statutory warranties that are implied under Division 2 Part V Trade Practices Act 1974 are not excluded if goods are of a kind ordinarily acquired for personal, domestic or household use. To the fullest extent permitted by law, Sony Ericsson's liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Sony Ericsson's option, to: in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

Sony Ericsson assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment, mobile devices or other property on account of your access to, use of, or browsing in the Site (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the Site. Sony Ericsson also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site. Sony Ericsson also assumes no responsibility, and shall not be liable for, any problems or technical malfunction of any telephone or network or lines, servers or providers, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures related to, or resulting from, your access to or use of this Site.

General provisions

These Terms of Use and any additional terms posted on the Site together constitute the entire agreement between Sony Ericsson and you with respect to your use of the Site. The failure of Sony Ericsson to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Sony Ericsson of a breach of any provision hereof be taken or held to be a waiver of the provision itself. To be effective, any waiver by Sony Ericsson must be in writing. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these terms and conditions shall continue in full force and effect. The material on the Site resides on a server in the state of New South Wales. The law applicable to use of the material and to disputes arising out of the material is the state of New South Wales, Australia. These Terms of Use are governed and shall be construed and applied in accordance with the laws of New South Wales, Australia, and you irrevocably consent and submit to the exclusive jurisdiction of the courts of New South Wales or the Federal Court sitting in New South Wales to determine any matter or dispute which arises under these Terms of Use.

Contact information

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