The Spec - AUSTRALIA

PLEASE READ MEMBER AGREEMENT
(amended as of October 7, 2008)

BEFORE USING THIS SERVICE, BY CONTINUING TO USE spec.com.au, YOU AGREE TO ABIDE BY THE CONDITIONS OF THIS AGREEMENT.

Spec.com.au (TM) SERVICE MEMBER AGREEMENT

1. Welcome to Spec.com.au. By registering for or using this Service, you agree to be bound by all the terms of this Agreement and by the Discussion Guidelines. The Service is currently free to all Members. Spec.com.au, a branch of The Spectator - Observer Partnership, reserves the right to charge for this Service in the future. However, in such event, we will notify you in advance, and give you an opportunity to subscribe to this Service. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the positing of Notices regarding such changes, you agree to be bound by such changes.

2. You represent that you have read and agree to abide by the Spec.com.au (TM) Service Discussion Guidelines.

3. This Service (including, but not limited to text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries. All individuals articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a Member is giving Spec.com.au the right to display such content on the Service and its affiliated publications and to use such content for promotional and marketing purposes.

4. (a) Except for Content you have posted on the Service, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

(b) Spec.com.au has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of (5a), neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright.

5. You will be responsible for all charges incurred while your account is being used, if any, including payment for any goods or services, and all statements or materials, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

6. You agree to indemnify and hold harmless Spec.com.au, its directors, officers, etc from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Agreement or the Spec.com.au Service Discussion Guidelines, or the failure to fulfil any obligation relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

7. This Service is available "as is." We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised of sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available through links in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.

8. Spec.com.au, its officers, directors etc are not liable for incidental, indirect, consequential, special punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

9. This Agreement may be terminated by either party for any reason at any time. Sections three (3) and six (6) through nine (9) of this Agreement shall survive such termination.

10. This Agreement shall be governed by the laws of the Australian Commonwealth. BY CONTINUING TO USE Spec.com.au, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

Privacy Policy

At the same time that The Spectator - Observer Partnership and Spec.com.au are committed to bringing you information tailored to your individual needs, we recognize the importance of protecting the privacy of personally identifiable information collected about you, our customers and prospects. In adopting this customer privacy policy, our intent is to balance our legitimate business interests in collecting and using information and your reasonable expectations of privacy.

What personally identifiable information does Spec.com.au collect from me?

Spec.com.au collects information in several ways. Some personal information is gathered when you register. During registration, Spec.com.au asks for information such as your name, e-mail address, birth date, gender, post code, and country, and optional information regarding household income. The more information you volunteer, the better we are able to customize your experience. We may also ask you for other information at other times - such as when you enter a contest or promotion, or when you post an online ad. Whenever we collect information about you, we will make an effort to link to our privacy policy.

How does Spec.com.au use my information?

Our primary goal in collecting personal information is to provide you, the user, with a customized experience on our network of sites. This includes personalization service, interactive communications, online shopping and many other types of services, most of which are completely free to you. In order to provide services free of charge, we display advertisements. By knowing a little about you, Spec.com.au and its partners are able to deliver more relevant advertisements and content, and hence better service to you. Spec.com.au delivers targeted advertisements on behalf of advertisers. Advertisers give us an advertisement and tell us the type of audience they want to reach (for example, females over 25 years old). We take the advertisement and display it to users meeting that criteria. In this process, the advertiser never has access to individual account information. Only Spec.com.au has access to individuals' accounts. This kind of advertisement targeting is done with banner ads as well as promotion e-mail. You will only receive special offers via e-mail from Spec.com.au if you have not in your account preferences that you would like not to receive them. You can change your account preferences at any time. Spec.com.au does research on our users' demographics, interests, and behaviour based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve our users. This research is compiled and analysed on an aggregated basis. Spec.com.au may share this aggregated data with advertisers or business partners.

Who is collecting information?

When you are on an area of Spec.com.au and are asked for personal information, you are sharing that information with The Spectator - Observer Partnership, its divisions, vendors providing hosting services for Spec.com.au and/or its third party list managers unless it is specifically stated otherwise. If data is being collected and/or maintained by any other company, you will be notified prior to the time of the data collection or transfer. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service. Promotions that run on Spec.com.au may be sponsored by companies other than Spec.com.au or may be co-sponsored by Spec.com.au and another company. Some or all data collected during a promotion may be shared with the sponsor. If data will be shared, you will be notified prior to the time of data collection or transfer. You can decide not to participate in the promotion if you don't want your data to be shared. Currently, most Spec.com.au promotions are limited to Australian residents. Please be aware that Spec.com.au advertisers or Web sites that have links on our site may collect personally identifiable information about you. The information practices of those Web sites linked to Spec.com.au are not covered by this privacy statement.

With whom does Spec.com.au share my information?

As a general rule, Spec.com.au will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law required it or under the circumstances described below. The following describes the ways that your information may be disclosed. Web servers serving Spec.com.au automatically collect information about which pages each user visits and the domain name (e.g., ansonic.com.au) of visitors. This information is used for internal review, to tailor information to individual visitors and for traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers. Any personally identifiable information provided by subscribers online as part of an advertiser promotion online (I.e. online coupons) may be provided directly to advertisers.

Business Partners & Sponsors: Spec.com.au will only disclose your personal information to business partners or sponsors after you have been informed of this disclosure. We will inform you of this disclosures we plan to make of your personal data either before we collect the data or before we transfer it. You will have an opportunity to tell us that you do not want your data disclosed to these other entities. If you tell us this, we may need to exclude you from the particular promotion or other opportunity we are providing to you. The following sections of this policy spell out these principles in greater detail. Many promotions offer opportunities to request additional information from sponsors. When you request more information about a particular promotion, your e-mail address may be shared with the sponsor of that promotion. If information other than (or in addition to) your e-mail address will be shared with the sponsor, you will be notified at the time such additional information is collected from you.

Third Party Data & Data in the Aggregate:

Under confidentiality agreements, Spec.com.au may match aggregated user information with third party data. Also, Spec.com.au discloses aggregated user statistics in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

Editorial:

A user's personally identifiable information (e.g., name, e-mail address) may be used by Spec.com.au for editorial purposes. For example, we may use information provided by you to us as part of an online survey conducted by our editors.

Kids under 13:

Do not send any information about yourself to us - including information like your name, address, or e-mail address. We do not knowingly collect personally identifiable information from children under 13. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible. Technology on the Internet is developing at a rapid pace, and we need to maintain our flexibility in the online arena. If we need to change our policy in the future, we will post these changes as soon as they go into effect.

This Service (including, but not limited to text, content, photographs video and audio) is protected by copyright as a collective work or compilation under Australian copyright and other laws. You must abide by all additional copyright notices or restrictions contained in this Service.

You may create Web links to any URL on Spec.com.au, including articles.

YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THIS SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THIS SERVICE FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE AS FOLLOWS: YOU MAY MAKE ONE MACHINE READABLE COPY AND/OR ONE PRINT COPY THAT IS LIMITED TO OCCASIONAL ARTICLES OF PERSONAL INTEREST ONLY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MAY NOT DISTRIBUTE ANY PART OF THIS SERVICE OVER ANY NETWORK, INCLUDING A LOCAL AREA NETWORK, NOR SELL NOR OFFER IT FOR SALE. IN ADDITION, THESE FILES MAY NOT BE USED TO CONSTRUCT ANY KIND OF DATABASE.

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