Written by Australian Senior
Created: 28 August 2009
AKA Entertainment's AUSTRALIANSENIOR.COM
Welcome to AustralianSenior.com. This Site is operated by AKA Entertainment and its affiliated companies. This document explains the ways in which information about users may be gathered from AKA Entertainment's Sites and the ways in which it may be used.
It also sets out the terms and conditions which apply to your use of AKA Entertainment Sites. By using the Sites, you agree to the policies and to the terms and conditions set out below. If you do not agree to them, please do not use AKA Entertainment's Sites.
AustralianSenior.com is FREE to register a profile on our site, participate in our rewards points program, associated with your profile and participate in all current areas of the website - we operate thanks to the generous support of our advertisers. We hope that as a FREE user, you will support our advertisers in return.
The Prime policy of AustralianSenior.com is that we request that you DO NOT JOIN if you intend to abuse other people, post slanderous or defaming materials or not provide a positive environment for your fellow visitors. SOLICITING PRIVATE CONTACT INFORMATION OFF OF OTHER MEMBERS WILL MEAN AN INSTANT CANCELLATION OF YOUR PROFILE AND DETAILS FORWARD TO THE AUTHORITIES.
AKA Entertainment Sites and their content are provided on an "as is" basis without any warranties, express or implied, including, but not limited to, any warranty of merchantability or fitness of AKA Entertainment Sites for a particular purpose, to the fullest extent that such warranties may be excluded by law
2. National Law
AKA Entertainment Sites are controlled and operated from Australia and AKA Entertainment make no representations that the materials on AKA Entertainment Sites are appropriate or available in other locations. You shall not use AKA Entertainment Sites in breach of any laws or regulations of any national, local, state or federal governments or agencies in any country or jurisdiction in which the content can be viewed or retrieved, or in breach of any international treaties or conventions or any community standards, and will not make any use of AKA Entertainment Sites such that the whole or part of AKA Entertainment Sites are interrupted, damaged or impaired in any way or for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety or which constitutes a violation or infringement of the rights of any person, firm or company.
We may terminate AKA Entertainment Sites or any services provided on them or restrict your access to them, without prejudice to any other accrued rights, without prior notice to you where: (i) there is a regulatory or statutory change limiting our ability to provide AKA Entertainment Sites; (ii) any event beyond our reasonable control prevents us from continuing to provide AKA Entertainment Sites (for example, and without limitation, technical difficulties, capacity problems and communications failures); (iii) we consider in our sole discretion that you are abusing the provision of AKA Entertainment Sites or the services provided thereon or are otherwise acting in breach of these terms. Without prejudice to the foregoing, AKA Entertainment reserve the right to remove any material on AKA Entertainment Sites including, without limitation, any user name, e-mail or message board notice posted on AKA Entertainment Sites which we in our sole opinion deem unsuitable.
4. Personal Information
When you simply visit a AKA Entertainment Site we do not gather information which identifies you personally, but the standard operation of AKA Entertainment's Internet servers will record certain information about the type of browser you are using and your operating system.
In some AKA Entertainment Sites you will have an opportunity to register with AKA Entertainment. The registration form will request that you give us certain information about yourself, for example your name, address, e-mail address, your age, gender and entertainment preferences. The collection of this data and the purposes for which it may be used are governed by the relevant Australian Laws governing this type of information use on the internet. When you register on a AKA Entertainment Site we will collect the personal information which you give us and may use it to communicate with you to tell you about AKA Entertainment, for marketing, promotional and administrative purposes, for record keeping and for sharing with our affiliates and with reputable third parties. If you do not wish to receive marketing and promotional communications, you will have an opportunity to opt out when registering. We have particular policies for the collection of personal information from children (see paragraph 5 below).
AKA Entertainment may disclose user information in special circumstances where required to do so by law or in order to enforce these terms and conditions.
When you shop with AKA Entertainment or enter competitions you will need to register with AKA Entertainment and accept the additional terms and conditions which are posted on the shopping and competition Sites.
Dear Parents and Guardians
AKA Entertainment aim to provide a safe and enjoyable environment in which children can participate. On sites that appeal to children. Please monitor your own childs activities and make sure they do not access inappropriate content. We are not liable should your child or dependent access sites we produce.
The following policies apply to the treatment of children.
We collect data on AKA Entertainment Sites but this is limited to the facts that are needed to enhance the experience of visiting the Sites. We do not require or encourage children to provide personal information over and above what is necessary for participation in the services offered on AKA Entertainment Sites.
In order to take part in some AKA Entertainment services, users will have to register. This will help us to know who sends an e-mail or joins in a chat and should avoid individuals pretending to be someone else.
If a child wins a prize in a competition, we will e-mail to notify them of their success. Any personal information obtained from children and parents during competitions will be kept until the competition ends and the prizes are delivered, and then will be deleted. All prizes must be claimed within 30 days.
If, at any time, you would like us to delete your child from AKA Entertainment database then simply click here and inform us by e-mail, providing us with the full name and username of your child/ children.
We do collect aggregate information on visitors to AKA Entertainment Sites but this is NON personally identifiable information. The type of information is about:
- The type of systems being used
- The type of browsers being used
- The type of plug-ins being used
- The areas of the site that are most popular
- The areas of the site that are least popular
- The number of users that joined a chat room
This information will enable us to make sure that the services offered on AKA Entertainment Sites suit the visiting users.
There are many other enjoyable and educational websites on the Internet which can be linked through AKA Entertainment Sites. We take steps to ensure that these websites are suitable however AKA Entertainment cannot be held responsible for content that is outside of AKA Entertainment Sites. We strongly advise that children do not surf the Net alone (see our Guidance Notes to Parents below).
Banner advertising is present within AKA Entertainment Sites and we do undertake to ensure that all advertisers and all subsequent hyperlinks are checked by the advertising agency and the production team for relevance and content.
Any merchandise offered on AKA Entertainment Sites is only obtainable by contracting with a third party providing the sales service. Parents should be aware that such third parties will have their own terms and conditions. Parents must ensure that children are authorised users of credit cards used on AKA Entertainment sites.
Guidance Notes to Parents
We strongly advise that as a parent or guardian you set ground rules for your child when surfing the Net:
- Surf the Internet with your child and advise them on safe sites to visit.
- Monitor usage and time spent online to avoid incurring large phone bills.
- Tell them only to surf the Net at home, school, libraries, etc.
- Remind them never to give full name and address and telephone number away.
- Remind them not to meet up with someone they have met on the Net without having a parent with them.
- Remind them to tell you if they ever come across anything that don't like, are afraid of, that scares them or makes them feel uneasy.
- Remind them to tell you if someone they don't like or trust tries write to them or sends them nasty e-mails.
- Remind them to treat other surfers the way that they in turn like to be treated.
- Explain that websites have rules and that purchasing may only be done with your consent.
7. Content of AKA Entertainment Sites
The content provided on AKA Entertainment Sites is provided to you solely for your personal purposes and may only be used in accordance with these terms. You may not use the content for any other purpose, including but not limited to publication, reproduction or transmission without AKA Entertainment's express written consent.
Unless clearly indicated to the contrary, the copyrights, trademarks and other intellectual property rights in everything contained on AKA Entertainment Sites are owned by AKA Entertainment and/or its suppliers and/or contributors and/or others and you shall not claim ownership of any such rights.
Although AKA Entertainment makes reasonable efforts to include accurate and up to date information in its Sites and provide a constrictive and reliable interactive service, it makes no warranties or representations as to accuracy and assumes no liability for any errors or omissions in the content of its Sites or the acts, defaults, misconduct or negligence of any of its other registered users including any information or misinformation that may be transmitted by them on AKA Entertainment Sites. AKA Entertainment also can not be liable for the security of the AKA Entertainment Sites or for any disruption of AKA Entertainment Sites however caused, loss of or corruption of any material in transit, or loss or corruption of material when downloaded onto a computer system.
Your use of AKA Entertainment Sites and the information and content provided on the AKA Entertainment Sites is at your own risk. Neither AKA Entertainment nor any third party involved in producing, creating or delivering AKA Entertainment Sites shall be liable to you for any loss, damage, liability, claim or expense arising out of or in connection with your use of AKA Entertainment Sites or their content, however caused (whether in contract or in tort) to the fullest extent to which such liability may be excluded or avoided by law and in no event shall AKA Entertainment be liable to you for any indirect, incidental, exemplary, punitive or consequential damages arising out of or in relation to your use of AKA Entertainment Sites or their content.
8. Chat rooms and message boards.
Material posted on message boards and chat rooms is not monitored by AKA Entertainment before it is posted and accordingly AKA Entertainment does not exercise editorial control over such material. AKA Entertainment may from time to time monitor such material after it has been posted, but has no obligation to do so and assumes no responsibility for the content of message boards and chat rooms.
You agree not to post anything on a message board or chat room which:
Contains a virus or which may otherwise damage the Site;
Infringes a copyright, trademark of other intellectual property right;
Is defamatory or obscene, inflammatory, abusive, pornographic, inaccurate or unlawful in any way;
Incites or encourages criminal or unlawful behaviour.
Solicits users information, data, personal contact or other identifiable material.
AKA Entertainment reserves the right to remove anything which in its opinion does not comply with AKA Entertainment's policies or for any other reason whatsoever. You acknowledge that AKA Entertainment will fully co-operate with appropriate authorities and will comply with any court order requesting or requiring AKA Entertainment to identify any person posting material which is or may constitute a criminal or unlawful act.
9. Submission of materials by users
It is AKA Entertainment's policy not to accept or consider creative materials, ideas or suggestions other than those we specifically request. This is to avoid any misunderstanding if your ideas are similar to those we have developed independently. Any communication or material you do transmit to the Sites by electronic mail or otherwise shall be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by AKA Entertainment or its affiliates for any purpose including but not limited to reproductions, disclosure, transmission, publication, broadcast or posting. AKA Entertainment is free to use any ideas concepts, know-how or techniques contained in any communication you send to the Sites for any purpose whatsoever including but not limited to developing manufacturing and marketing products using such information.
10. Use of IP addresses
An IP address is a number that is automatically assigned to your computer by your Internet Provider whenever you are surfing the web. When you request pages from AKA Entertainment Sites our servers log your IP address. AKA Entertainment collects IP addresses for the purpose of system administration, to report aggregate information to our advertisers and to audit the use of the Sites. We do not link IP addresses to anything personally identifiable, which means that your session will be logged, but you will be anonymous to us. We may use your IP address in co-operation with your Internet Provider to identify you if we feel it is necessary to enforce compliance with our terms and conditions or to protect our service, Sites, users or others.
11. Links to other Sites
AKA Entertainment is not responsible for the content or practices of third party websites which may be linked to our Sites. Visitors to these web sites should refer to the policies and terms applicable to the relevant sites. Your dealings with any third parties, in particular advertisers and/or merchants, through AKA Entertainment Sites, and any terms, conditions, warranties or representations with such third parties, are solely between you and such third party. You agree we are not liable in any way for, and you agree to indemnify us in the manner referred to below in these terms in relation to such dealings.10. Indemnity
You agree to indemnify, defend and hold harmless AKA Entertainment, its affiliates and their respective officers directors, owners, agents, suppliers and licensor (collectively "the indemnified parties") against any and all claims, liabilities, losses, costs and expenses (including legal fees) incurred by any Indemnified Party in connection with any breach by you of these terms and conditions or your use of AKA Entertainment Sites. AKA Entertainment reserves he right at its own expense to assume the exclusive defence of any matter otherwise subject to indemnification by you and in such case you agree to co-operate with AKA Entertainment's defence of such claim.
12. Law and jurisdiction
This agreement shall be construed in accordance with Australian Law and the Australian Courts shall have jurisdiction in connection with any disputes arising hereunder provided that AKA Entertainment shall be entitled to take proceedings in any other court of competent jurisdiction in connection with any disputes hereunder whether concurrently with proceedings taken in the Australian Courts or otherwise.
13. Changes to these terms and conditions
AKA Entertainment may at any time revise these terms and conditions by updating this posting. In the event that we do so, this page will at its head clearly indicate that the terms and conditions have been revised and will state the date of the most recent revision so that when entering the Site at any time after your first visit, you will be able to find out whether any changes to these terms have been made since your prior visit. It is your responsibility to review these revisions and to immediately stop using AKA Entertainment Sites if you do not agree with them as your continued use of AKA Entertainment Sites will bind you to any such revisions.
Each provision of these terms shall be construed separately and if any is held by a court of competent jurisdiction to be contrary to the law then that provision shall be construed as far as possible to reflect the intention of the parties with the other provisions remaining in full force and effect.
Our failure to exercise or any particular right or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us to you in writing.
These terms constitute the entire agreement and understanding between us.
Member Rewards / Points System
1. All members instantly receive inclusion to the AustralianSenior.com Member Rewards program (Points+) as part of their membership on the site, and these terms form part of your user agreement.
2. Points have no cash value.
3. Points may be redeemed for items offered by the publisher or its partners.
4. Negative points can be accumulated for not using the system.
5. If points are purchased to top up your points balance, they will not have any cash value and cannot be refunded.
6. Any points lost should a user terminate their account/profile cannot be reinstated if the user rejoins.
7. Rewards are offered in a first come first serve basis, or as per the individual terms of the redemption offer.
8. For special points promotions, please refer to the individual points terms and conditions before accepting the point offer or promotion.
9. Points accrued by means circumventing the publishers guidelines will be removed, and accounts may be shut down without further notice.
10. The publisher may, at it's discretion, remove this Points system and any and all offers without notice at anytime.
11. The Rewards when available will be listed on AustralianSenior.com (Website) and in general advertising material. All information is accurate at the time of publication, but may change without notice to you.
12. To claim a Reward, you must follow the directions given to you on the website or via our chosen advertising material, at the time of the transaction, (whichever method is appropriate)
13. All Rewards are subject to availability and other terms and conditions imposed by us, the Operator or Reward Suppliers, as communicated on the Website and in general advertising material. Unless otherwise stated, no Reward may be used in conjunction with any other offer. The benefits, and any rights they confer, cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions.