Terms of Use

 

1.Your use of this Website

These Terms of Use are important and govern your use of this website at [www.theconnection.tv] (‘Website’).  This Website is owned and operated by Elemental Media Pty Ltd (ACN 155 073 260) (‘Elemental’).  By visiting or using this Website, you accept and agree to comply with these Terms of Use.  If you do not agree with any of these Terms of Use, you should not use this Website. Elemental reserves the right to change these Terms of Use at any time.  As such, you should review these Terms of Use, each time you visit this Website.

 

2. Purpose of this Website

This Website is an additional resource to the documentary film ‘The Connection’ (‘Film’) which deals with the role of the mind in health outcomes.

This Website is not a substitute for professional medical advice, diagnosis or treatment and neither the Film nor this Website encourages replacing such professional medical advice, diagnosis or treatment.  You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances notwithstanding the Film and/or this Website, especially before starting or changing any treatment.

If you feel you have an emergency medical problem, seek professional help immediately or if in Australia, call ‘000’.

 

3. Ownership of Material on this Website

All material on this Website including, without limitation, copyright materials, registered and unregistered trade marks, company and business names, images, designs, audio clips, video clips, software (‘Material’) is owned and/or controlled by Elemental (unless expressly indicated otherwise). You may use this Website only in accordance with these Terms of Use.  Nothing in these Terms of Use or this Website will grant you ownership of, or the right to use or reproduce, any Material (unless expressly indicated otherwise).

 

 

4. Account

You may be required or allowed to create a user account (‘Account’) before you can access certain Material or submit material yourself. You must provide complete and accurate information when creating an Account. You cannot use another person’s Account and must immediately notify us of unauthorised use of your Account.  You must be 18 years of age or over to create an Account.

 

5. User Content

This Website may allow you and other users to submit your own content (‘User Content’).   You must be 18 years of age or over to submit User Content.  By submitting User Content, you automatically grant Elemental a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to edit, adapt, modify and change that User Content in any manner and to reproduce and use it in any manner and in any media (whether now known or later devised) throughout the world in perpetuity. You consent to Elemental doing any act or omitting to do any act comprised in any or all of your ‘moral rights’ in any User Content you submit.

You must not submit any User Content which:

• is threatening, harmful, abusive, harassing, defamatory, obscene, vulgar, pornographic, sexually explicit, profane, indecent, hateful, racially or ethnically objectionable or false, misleading or deceptive;
• you do not own or do not have the right to reproduce or that violates or infringes upon the rights of any other person;
• features any photo, image or name of any person unless you have the person’s written consent;
• impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
• breaches any law or advocates any illegal activity;
• contains a virus or corrupted data or that interferes with the proper functionality of this Website; or
• advertises or solicits money, goods or services.

Elemental does not endorse, and is not responsible for, any User Content.  You are solely responsible for any material submitted by you to this Website (whatever form it is in).  Elemental may, but does not guarantee that it will, post User Content.  In so doing, Elemental reserves the right to edit, refuse to post or to remove any user Content, in Elemental’s sole discretion.  Elemental also reserves the right to block your ability to post and/or access this Website if you do not comply with these Terms of Use.

You are encouraged to notify Elemental of inappropriate or illegal User Content but Elemental is not responsible for any failure or delay in removing such User Content.

 

6. Disclaimer

Although every effort has been made by Elemental to ensure that the information on this Website is accurate and safe, the content of this Website has been prepared from data, statistics, research and opinions from third parties.  Elemental does not accept liability for, endorse, recommend, promote, warrant or make any representations regarding the accuracy, reliability, suitability, completeness, currency, use, benefits, risks or the results of any aspect of, or information on, this Website, including but not limited to:

• the Material;
• User Content;
• the content of other websites, to which this Website provides links; and
• any goods and/or services, which are referred to or promoted on this Website.

Elemental does not recommend or endorse any specific tests, medical practitioners, products, procedures, opinions or other information that may be mentioned on this Website as being appropriate for you.  In addition, the nature of medical research means that accepted research may be overturned or change.  Always consult a medical professional before adopting or changing any medical treatment.

 

7. Limitation of liability

Any persons accessing and using this Website should exercise their own care, skill and diligence with respect to the use of the content on this Website. Reliance on or use of any content of this Website is solely at the user's own risk.

 

To the fullest extent permitted by law, Elemental (and its officers, directors, employees, shareholders, agents and representatives) excludes all guarantees, conditions and warranties (express and implied) of any kind, including, but not limited to, any warranty that:

• the Material and User Content is accurate, reliable, current, beneficial or safe;
• your access to the Material and/or Website will be uninterrupted or error-free whether by way of accuracy, timeliness, completeness, reliability or otherwise;
• the Material and/or Website is free of viruses, defects or harmful components,

whether or not the loss, injury or damage is due to, or attributable to the act, neglect or omission of any one or more of the above entities or people. Elemental will not be liable for any indirect, incidental, special and/or consequential damages or loss arising from any use of (or inability to use) this Website and/or Material.

Where, by law, including by operation of the Competition and Consumer Act 2010, Elemental is not able to exclude certain guarantees, conditions and warranties, they will continue to apply.

 

8. Indemnity

You agree to indemnify Elemental (and its officers, directors, employees, shareholders, agents and representatives) from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.

 

9. Applicable law

Elemental makes no representation that the Material on this Website is appropriate or available for use in locations other than Australia.  Users outside Australia access this Website at their own initiative and are responsible for compliance with local laws.

These Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.  If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.

 

Privacy Policy

This Privacy Policy applies to all personal information collected by Elemental via this Website.

 

How to contact us about privacy

Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us at:

 

[admin@elementalmedia.com.au].

 

Collection

We may collect personal information from you if you provide any personal information via this Website and/or by collecting cookies from your computer, which enables us to customise your Website experience.

 

Disclosure

Except with your consent, or if compelled by any legal order, direction or request, we will only disclose your personal information to our service providers who assist us in operating this Website.  Neither we, nor our service providers, will provide your personal information to any third parties.

 

Access and correction

If you would like to obtain access to, or correct, the personal information we hold about you, please contact us at the address set out above.

 

Security

We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.  Although every reasonable effort has been made to secure your personal information, we cannot guarantee its security.  If your personal information is made public, we will notify you.

 

 

These Terms of Use and Privacy Policy are dated January 2014.