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AdiMade Terms and Conditions

Your use of this web site ("Site"), owned by Lawton & Associates Pty. Ltd of which Adimade is a subsidiary, and the features at this Site are subject to these Terms and Conditions ("Terms"), which we may update from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Adimade may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Adimade will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.

OurStage Content

Content on this Site provided by Adimade or its Licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Adimade Content") is the property of Adimade and its licensors and is subject to Australian and International copyright laws. Content provided by users of the site ("Submitted Content"), such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by Adimade subject to license, or subject to the fair use provisions.

You agree not to download, display or use any Adimade Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Adimade, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Adimade and/or its licensors, that dilutes the strength of Adimade’s or its licensor's property, or that otherwise infringes Adimade’s or its licensor's intellectual property rights. You further agree to in no other way misuse any Adimade Content or Submitted Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email us at copyright@adimade.com.

Posting Submitted Content

On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to these Terms, the following terms ("Submission Rules"), and any additional terms posted for a specific feature:

  • No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Adimade.
  • No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Adimade. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
  • No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Adimade or as embedded in the Submitted Content unless expressly authorized in writing by Adimade.
  • Use of Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
  • Responsibility of Postings: You understand and acknowledge that Submitted Content is solely your responsibility, and that Adimade is not responsible for the information, data, text or other materials that may appear in Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Adimade, and Adimade does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by Adimade prior to posting and Adimade makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
  • No Monitoring/Violation Notices: Adimade does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please email copyright@adimade,com.
  • User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Site or features therein. Adimade may cancel your Account and delete all Submitted Content associated with your Account at any time, and without notice, if Adimade deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. Adimade assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
  • No Confidentiality: The nature of this Site is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to Adimade may be used by Adimade anywhere, anytime, and for any reason whatsoever subject to the terms of the Submitted Content License described in Ownership of Posted Content and License thereto, below.

Ownership of Posted Content and License Thereto

After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). Adimade may delete any Submitted Content that in the sole judgment of Adimade violates these Terms or the Submission Rules.

  • Scope of License: By displaying, publishing, or otherwise posting any Submitted Content on or through the Site, you hereby grant to Adimade a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
  • Representations: You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on this Site.

Indemnification

You agree to indemnify and hold Adimade, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.

Privacy/Children

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 13 are not permitted to register for an Account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.

Third Party Websites

This Site may hyperlink to sites not maintained or related to Adimade. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Adimade, and Adimade makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Adimade has no control over how your information is collected, used, or otherwise handled.

Representations and Limitations of Liability

Adimade makes no representations about the reliability of the features of this Site, the Adimade Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Adimade makes no representations regarding the amount of time that any Adimade Content or Submitted Content will be preserved.

Adimade does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Adimade without the prior review and written approval of Adimade. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ADIMADE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL ADIMADE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ADIMADE'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL ADIMADE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

Both you and Adimade acknowledge and agree that no partnership is formed and neither of you nor Adimade has the power or the authority to obligate or bind the other.

These terms shall be governed by and construed in accordance with the laws in force in Victoria and the Commonwealth of Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

These Terms constitute a binding agreement between you and Adimade, and is accepted by you upon your use of the Site or your account. These Terms constitutes the entire agreement between you and Adimade regarding the use of the Site and your account. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Adimade shall have the right at any time to (a) change the terms of these Terms, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.

The failure of Adimade to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Adimade, shall not be deemed a breach of these Terms.

If Adimade fails to act with respect to your breach or anyone else's breach on any occasion, OurStage is not waiving its right to act with respect to future or similar breaches.

If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.

These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.

Copyright

All material on this website is protected by copyright under the Copyright Act 1968 (Cth) and, through international treaties and agreements, under the laws of other countries. Unless expressly stated to the contrary, Adimade owns copyright in all the material on this website.

Other than for the purpose of the Copyright Act 1968 (Cth), or as otherwise stated below, no material on this website may be altered, reproduced, stored in a retrieval system or transmitted without the prior written consent of Adimade.

You are only authorized to use this website and its contents for your personal, non-commercial use by viewing this website and printing off individual pages or sections for personal use.

Project Rules and Terms.

By submitting content for Adimade projects, you agree to abide by all the Terms and Conditions outline in the Terms and Conditions, Adimades Privacy Policy and the Terms outlined in the Project Guide.

Eligibility: Anybody over the age of 13 years at the time of when they submit their video to the project.

Submission period: Only entries received by Adimade during the submission period, as specified in the specific project guide, will be considered eligible entries for the open project. Adimade takes no responsibility for ineligible submissions due to late submission resulting from user error during the submission process.

How to Enter: Entry to an Adimade Ad Project is subject to appropriate and satisfactory use of the Adimade website in accordance with the Terms and Conditions and Project. To enter an eligible submission to an Adimade Project users must have a registered Adimade user account.

Eligibility of Entry: For a submission to be considered an eligible entry to an Adimade project, it must comply with Adimade Terms and Conditions and the rules outlined in the Project Guide for the submitted project. All final decisions pertaining to the eligibility of submissions to Adimade projects will rest with Adimade.

Prizes and Payment : Prizes will be awarded to video creators according to the winning process as outlined in the Terms and Conditions and the Project Guide. All final decisions pertaining to the awarding of prizes will rest with Adimade and be final. The payment of local taxes pertaining to users receiving the prize is the responsibility of the user and not adimade.

Voting and Selection of Winner: Voting on the Adimade site is restricted to one vote per user per video. Adimade website visitors do not have to be registered to vote. The Selection of winners will run according to the Project Guide for the project.

Ownership and Use of Entries: By submitting content to the Adimade site you agree to the Ownership of Posted Content and License Thereto Terms as outlined in this document. By submitting an entry to the Adimade site you agree, in the event that your submission is declared the winner of the Grand Prize, you will grant the Project Sponsor a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content. Payment or royalties for use of content in non-online mediums (TV, Radio and off-line print) will be paid by the project sponsor in accordance with the terms stipulated in the project guide. If there is no stipulation in the project guide, it is assumed that the project sponsor will not have to pay the winning video creator for the right to use the content in these mediums.

You may also contact us via e-mail and any questions should be directed to info@adimade.com