<p><span><span>1. </span><span>DML</span><span> TERMS OF USE</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>1.1 This site is controlled and/or operated by a radio station which is owned by </span><span>Disrupt Media Limited</span><span> [ACN </span><span>655 469 542</span><span>] (“</span><span>DML</span><span>”).Please read these Terms of Use and the Privacy Statement carefully before using this website (“Site”) or any product or service offered by this Site, whether accessed by computer, mobile telephone or other device (“</span><span>DML</span><span> Internet Service”). Certain </span><span>DML</span><span> Internet Services may be governed by </span><span>additional</span><span> terms (“Additional Terms”). By using the Site, or an </span><span>DML</span><span> Internet Service, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site or </span><span>DML</span><span> Internet Service.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>1.2 </span><span>DML</span><span> and its affiliated and related entities reserve the right, in its sole discretion, to </span><span>modify</span><span>, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of Use and visit this page periodically to review the Terms of Use, because they are binding on you.</span></span><span> </span></p><p><span><br /></span></p><p><span>2. RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS</span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>2.1 Material on this Site, including, but not limited to images, illustrations, audio and/or video files (whether available for download or streaming), may be protected by copyright which is owned and controlled by </span><span>DML</span><span> or by other parties that have licensed their material to </span><span>DML</span><span>.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>2.2 </span><span>DML</span><span> provides this Site and related </span><span>DML</span><span> Internet Services for your personal non-commercial use only. Use for any other purpose may breach not only these Terms of Use but domestic or international law. It is the responsibility of the user to restrict use to personal non-commercial use and a failure to do so is at the user’s own risk.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>2.3 Unless granted permission by </span><span>DML</span><span>, material from the Site or any website owned, </span><span>operated</span><span>, </span><span>licensed</span><span> or controlled by </span><span>DML</span><span>, or from any </span><span>DML</span><span> Internet Service, may not be copied, reproduced, republished, uploaded, posted, </span><span>transmitted</span><span> or distributed in any way.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>2.4 Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Terms</span><span> </span><span>of Use Agreement, as well as laws protecting copyrights and other proprietary rights.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>2.5 For purposes of this Terms of Use agreement, unless granted permission by </span><span>DML</span><span>, the use of any such material on any other computer-related environment is prohibited.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>2.6 The </span><span>DML</span><span> logo and other product and service names used on the Site and by </span><span>DML</span><span> Internet Services, including marks associated with </span><span>DML</span><span> are registered trademarks or may be marks with a protectable reputation under common law. You must not display or use the marks in any manner without the prior written consent of </span><span>DML</span><span>. Some of these trademarks may be available to you to place on your own website as a hyperlink to the station’s homepage or ancillary pages but such use requires the express written authorisation of </span><span>DML</span><span>.</span></span><span> </span></p><p><span><br /></span></p><p><span>3. ACCESS</span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>3.1 By using this Site, or a </span><span>DML</span><span> Internet Service, you </span><span>represent</span><span> that you a</span></span><span>re within Australia; o</span><span>wn the computer, smartphone, tablet or other device (collectively, the “Device”) with which you access the Site or DML Internet Service or are duly authorised to use the Device; and</span><span> a</span><span>gree to these Terms of Use.</span><span> </span></p><p><span><br /></span><span>3.2 The owner or the authorised user is responsible for the Device. DML provides no indemnity for costs associated with the Device including, amongst other things, internet plans and excess data costs, the acquisition or repair of hardware or costs as a result of malware or virus.</span><span> </span></p><p><span><br /></span><span>3.3 The user acknowledges that by accessing this Site or any DML Internet Service over a </span><span>WiFi</span><span> connection the Device and any downloaded software or stored information may be vulnerable to security breach.</span></p><p><span><br /></span><span>3.4 DML reserves the right to charge a fee for any DML Internet Service.</span><span> </span></p><p><span><br /></span></p><p><span>4. ACCOUNTS AND SECURITY</span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>4.1 If a particular </span><span>DML</span><span> Site or </span><span>DML</span><span> Internet Service requires an account to be opened, the information </span><span>provided</span><span> and </span><span>maintained</span><span> must be current, complete, and </span><span>accurate</span><span>. Any loss caused by a failure to </span><span>provide</span><span> and </span><span>maintain</span><span> such information is the user’s responsibility.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>4.2 It is the user’s responsibility to </span><span>maintain</span><span> the confidentiality of their password and account details.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>4.3 Additionally, the user is entirely responsible for </span><span>any and all</span><span> activities that occur under the account. </span><span>DML</span><span> must be notified </span><span>immediately</span><span> of any unauthorized use of the account. </span><span>DML</span><span> is not liable for any loss that you may incur </span><span>as a result of</span><span> someone else using the password or account, either with or without your knowledge.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>4.4 An account may be cancelled by delivering notice in the manner provided in the Additional Terms governing the </span><span>particular </span><span>DML</span><span> Internet</span><span> Service.</span></span><span> </span></p><p><span><br /></span></p><p><span>5. LINKED SITES</span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>5.1 This Site may </span><span>contain</span><span> links to websites </span><span>operated</span><span> by third parties (“Linked sites”). The Linked sites are </span><span>provided</span><span> for your convenience or on a paid advertising basis only and are not an endorsement by </span><span>DML</span><span> of the content of such Linked sites. </span><span>DML</span><span> makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked sites. If you decide to access any Linked sites, you do so at your own risk. You further acknowledge and agree that </span><span>DML</span><span> shall not be responsible or liable, </span><span>directly</span><span> or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, </span><span>goods</span><span> or services available on or through any Linked sites.</span></span><span> </span></p><p><span><br /></span></p><p><span><span>6</span><span>. ADVERTISERS AND ON-LINE SHOPPING</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>6</span><span>.1 Your relations and dealings with, or participation in promotions of, advertisers and vendors located on or contacted through the Site (but not including purchases made through iHeartRadio functions including the payment for and delivery of goods and services and any other terms, conditions, </span><span>warranties</span><span> or representations associated with such dealings are solely between you and the relevant vendor or advertiser. You agree that </span><span>DML</span><span> shall not be responsible or liable, either directly or indirectly, for any loss or damage caused or alleged to be caused by or in relation to any such dealings or as the result of the presence of such advertisers on the Site.</span></span><span> </span></p><p><span><br /></span></p><p><span><span>7</span><span>. DISCLAIMER</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>7</span><span>.1 This Site and the materials associated with the Site are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible </span><span>pursuant to</span><span> applicable law, </span><span>DML</span><span> </span><span>disclaims</span><span> all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>7</span><span>.2 </span><span>DML</span><span> does not </span><span>warrant</span><span> that the Site or the </span><span>DML</span><span> Internet Services will </span><span>operate</span><span> error-free or uninterrupted, that defects will be corrected, or that this Site and/or its server will be free of viruses and/or other harmful components.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>7</span><span>.3 </span><span>DML</span><span> does not </span><span>warrant</span><span> or make any representations </span><span>regarding</span><span> availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, user contributions including reviews or other commentary provided by </span><span>DML</span><span> or third parties and or links associated with this Site.</span></span><span> </span></p><p><span><br /></span></p><p><span><span>8</span><span>. LIMITATION OF LIABILITY</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>8</span><span>.1 In no event shall </span><span>DML</span><span> or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this Site or </span><span>DML</span><span> Internet Service and/or the material associated with the Site, or resulting from any information or opinions provided on this Site and/or the material associated with the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not </span><span>DML</span><span> is advised of the possibility of such damages.</span></span><span> </span></p><p><span><br /></span></p><p><span><span>9</span><span>. SUBMISSIONS AND VOTING FEATURES</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>9</span><span>.1 Any interaction, communication or other material submitted or posted to bulletin boards, chat rooms, or other forums conducted on this Site (“Forums”), the Site or </span><span>DML</span><span> Internet Service will be considered non-confidential and by posting or otherwise submitting any communication or other material, you automatically grant </span><span>DML</span><span> a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licences.</span></span><span><span> </span><br /></span><span></span><span><span> </span><br /></span><span><span>9</span><span>.2 </span><span>DML</span><span> reserves the right to </span><span>modify</span><span>, terminate, or suspend the right to </span><span>participate</span><span> in Forums or voting features or cancel the account of any user found to breach these Terms of Use and/or edit, </span><span>remove</span><span> or void any content, votes or rating </span><span>submitted</span><span> by that user. </span><span>DML</span><span>’s decisions to alter user content or rights are final and binding.</span></span><span><span> <br /></span></span><span><br /></span><span><span>9</span><span>.3 In accessing and using this </span><span>DML</span><span> Site and/or the </span><span>DML</span><span> Internet Services, you agree that you will not:</span></span><span> </span></p><p><span>9.3.1 Post, or provide links to, content that is obscene, pornographic, violent, harassing, hateful or threatening or which defames or invades privacy;</span><span> </span></p><p><span>9.3.2 Promote illegal activity or activity that breaches these Terms of Use or any Additional Terms;</span><span> </span></p><p><span>9.3.3 Interfere with this Site or any DML Internet Service or cause damage or disruption to, or limit the functioning of, any software, hardware, or telecommunications equipment;</span><span> </span></p><p><span>9.3.4</span><span>Manipulate any features provided by DML, including Forums or voting features, manually or by use of code; </span></p><p><span>9.3.5 Impersonate another person or entity;</span><span> </span></p><p><span>9.3.6 </span><span>Gain unauthorised access to the Site or DML computer systems, networks or the DML Internet Services;</span><span> </span></p><p><span>9.3.7 </span><span>Post any personal information; or</span><span> </span></p><p><span>9.3.8 </span><span>Use DML Sites or DML Internet Services to deliver any unsolicited, junk or bulk materials.<br /><br /></span></p><p><span><span>9</span><span>.4 For any voting or rating features that are available via this </span><span>DML</span><span> Site or the </span><span>DML</span><span> Internet Services, you must </span><span>submit</span><span> your votes/ratings according to the </span><span>appropriate Additional</span><span> Terms. </span><span>DML</span><span> may penalise users according to these Terms of Use or any applicable Additional Terms for:</span></span><span> </span></p><p><span>9.4.1 </span><span>Voting in excess of any stated limitation;</span><span> </span></p><p><span>9.4.2 </span><span>Accepting payment or other consideration in exchange for votes/ratings;</span><span> </span></p><p><span>9.4.3 </span><span>Generating votes or ratings by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by DML; or</span><span> </span></p><p><span>9.4.4 </span><span>Otherwise corrupting or impairing the administration, security, or fairness of the voting/rating.</span><span> </span></p><p><span><span>9</span><span>.4.5 Participation in voting/rating features via a </span><span>third party</span><span> application or feature (such as one of our social media partners like Facebook or Twitter), may be subject to the terms and conditions governing that third party application or feature.</span></span><span> </span></p>