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Terms and Conditions

Bonfire\Vanities

General Conditions of Use

These terms and conditions, together with the Bonfire\Vanities Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Bonfire\Vanities (“Conditions”) govern your use of and access to Bonfire\Vanities

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on Bonfire\Vanities. Your subsequent or continued use of Bonfire\Vanities will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of Bonfire\Vanities.

Bonfire\Vanities
While we use reasonable endeavours to ensure that Bonfire\Vanities is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to Bonfire\Vanities may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on Bonfire\Vanities at any time.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on Bonfire\Vanities at any time without providing notice to you.

Your conduct
You must not:
(a) use Bonfire\Vanities in breach of any applicable laws or regulations;

(b) use Bonfire\Vanities (or Material obtained from Bonfire\Vanities):

  • to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

(c) use Bonfire\Vanities to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains, excessive violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless you have their consent;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content;
  • contains restricted or password only access pages, or hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  • contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on Bonfire\Vanities;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Fairfax Network;

(f) use Bonfire\Vanities with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of Bonfire\Vanities without our prior written authorisation;

(h) use code or other devices containing any reference to Bonfire\Vanities to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of Bonfire\Vanities or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the Fairfax Network.

Your Material
By uploading, transmitting, posting or otherwise making available any Material via Bonfire\Vanities, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of Bonfire\Vanities a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

(c) warrant that you have the right to grant the abovementioned licences;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

  • review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
  • monitor use of Bonfire\Vanities, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on Bonfire\Vanities by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on Bonfire\Vanities simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying us
If you think that Bonfire\Vanities has been accessed or used by another user in breach of the Conditions, please email us at [email protected] We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to [email protected]

Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to Bonfire\Vanities.

Bonfire\Vanities contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on Bonfire\Vanities for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on Bonfire\Vanities to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on Bonfire\Vanities should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on Bonfire\Vanities without the express written consent of the relevant owner.

Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on Bonfire\Vanities. Such websites do not form part of Bonfire\Vanities and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave Bonfire\Vanities entirely at your own risk.

You must not link Bonfire\Vanities from any other website (or otherwise authorise any other person to link from a third party website to Bonfire\Vanities) without our prior written consent.

Bonfire\Vanities may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on Bonfire\Vanities, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Bonfire\Vanities Privacy Policy below. For example, the personal information you provide when registering on Bonfire\Vanities may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.

Video Player
We may allow you to share or embed some of the content in our Video Player on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality of the Video Player. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and Bonfire\Vanities reserves all rights in relation to the content and the Video Player, including the right to require users of the Video Player to remove shared or embedded content for any reason in our absolute discretion. Users of the Video Player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made. Users must display contact information on their website sufficient to allow Bonfire\Vanities to make contact and request player removal. Bonfire\Vanities does not make any warranty, representation or guarantee as to availability or any level of service and may disable the Video Player without notice.

Disclaimer
You use Bonfire\Vanities at your sole risk.

Except where expressly stated otherwise, Material on Bonfire\Vanities is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on Bonfire\Vanities will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on Bonfire\Vanities, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with Bonfire\Vanities in any circumstance.

Limitation of liability
You use Bonfire\Vanities at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of Bonfire\Vanities that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

  • (i) the re-supply of those services; or
  • (ii) the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

  • (i) the replacement of the goods or the supply of equivalent goods;
  • (ii) the repair of the goods;
  • (iii) the payment of the cost of having the goods replaced; or
  • (iv) the payment of the cost of having the goods repaired.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via Bonfire\Vanities, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with Bonfire\Vanities.

Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with Bonfire\Vanities, including any breach by you of the Conditions.

Severability
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age
By using, Bonfire\Vanities you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable law
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions
In these terms and conditions:

“Conditions” means these terms and conditions, together with the Bonfire\Vanities Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on Bonfire\Vanities.

” Bonfire\Vanities ” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).

“Material” means text, illustrations, photos, audio, video, any combination of these or other material.

“Us”, “we” or “our” means Bonfire\Vanities and/or its related bodies corporate.

Bonfire\Vanities Facebook App Conditions of Use
The Bonfire\Vanities General Conditions of Use apply to content provided by, and your use of, the Fairfax Social Reader and other Facebook apps (the “Apps”).

This additional provision applies to your use of the Apps:

Comments and other content you post in response to articles accessed via Bonfire\Vanities Social Reader apps will not be monitored by Bonfire\Vanities and will be subject to Facebook’s terms and conditions. However, comments that are actually published on our websites are moderated, even if you have authenticated via Facebook.

 

Privacy Policy

Bonfire\Vanities Privacy Policy

In this policy, “us”, “we” or “our” means Bonfire\Vanities and its related bodies corporate.

This policy sets out:

  • what kind of information we collect;
  • how we collect it;
  • why we collect it;
  • how we use it;
  • how we disclose it;
  • opting in and out;
  • management and security;
  • how to seek access to and update your personal information; and
  • how to contact us.

We are bound by the National Privacy Principles contained in the Privacy Act 1988 (Cwth) (subject to exemptions that apply to us under that Act).

We may, from time to time, review and update this policy, including to take account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy

What information we collect

In general, the personal information we collect about you includes (but is not limited to) your name, contact details (including phone numbers and addresses) and possibly financial information, including your credit card information.

We also collect information about you that is not personal information. For example, we may collect data relating to your activity on our websites (including IP addresses) via tracking technologies such as cookies, or we may collect information from you in response to a survey. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information, the National Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.

We generally advise that you do not publish or communicate personal information, or at least limit the personal information that you publish or communicate, to the public via our services, such as in our classifieds, forums or blogs (Non-Confidential Information). You acknowledge that we cannot control any third party collection or use of your Non-Confidential Information. You agree that we may use and disclose Non-Confidential Information for any purpose and by any means whatsoever.

How we collect it

We may collect your personal information from a variety of sources, including from you, advertisers, mailing lists, recruitment agencies, contractors and business partners.

We may collect your personal information when you request or acquire a product or service from us, register with us as a member, provide a product or service to us, complete a survey or questionnaire, enter a competition or event, contribute in a fundraising event, participate in our services (including our radio programs, blogs and forums) or when you communicate with us by e-mail, telephone or in writing (for example if you contact customer service to make a complaint or provide feedback).

If, at any time, you provide personal or other information about someone other than yourself, you warrant that you have that person’s consent to provide such information for the purpose specified.

Why we collect it

The primary purpose for which we collect information about you is to provide you with products and services you have requested. We also collect information about you for the purposes outlined below.

We may state a more specific purpose at the point we collect your information.

If you do not provide us with the information that we request, we may not be able to provide you with our products or services. For example, if you do not register as a member of a website, you will not be able to access features or services that are reserved for members only.

How we use it

In addition to the primary purpose outlined above, we may use the personal information we collect, and you consent to us using your personal information:

  • to provide you with news and information about our products and services;
  • to send marketing and promotional material that we believe you may be interested in. This material may relate to any of Fairfax’s businesses or a third party business which we believe may be of interest to you;
  • for purposes necessary or incidental to the provision of goods and services to you;
  • to personalise and customise your experiences;
  • to manage and enhance our products and services;
  • to communicate with you, including by email, mail or telephone;
  • to conduct competitions or promotions on behalf of Fairfax and selected third parties;
  • to verify your identity;
  • to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
  • as required or permitted by any law (including the Privacy Act).

How we disclose it

We may disclose personal information, and you consent to us disclosing your personal information, to other members of Bonfire\Vanities (in which case, your personal information will be collected, used, disclosed, managed and stored in accordance with this policy).

We may also disclose personal information, and you consent to us disclosing your personal information, to third parties:

  • engaged by us to perform functions or provide products and services on our behalf, such as newsagents, processing credit card information, mailouts, debt collection, marketing, research and advertising;
  • that are our agents, business partners or joint venture entities or partners;
  • that sponsor or promote any competition that we conduct or promote via our services;
  • authorised by you to receive information held by us;
  • as part of any investigation into you or your activity, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary to the Police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator;
  • as part of a sale (or proposed sale) of all or part of our business; and/or
  • as required or permitted by any law (including the Privacy Act).

Opting in or out

At the point we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information other than in accordance with this policy or any applicable law. For example, you may be asked to opt-in to receive further information or communications from our advertisers and supporters which do not fall into one of the categories described above.

You will generally be given the opportunity to “opt out” from receiving communications from us or from third parties that send communications to you in accordance with this policy. For example, you will be given the option to unsubscribe from e-newsletters and other marketing or promotional material sent by us. You may “opt out” from receiving these communications by either clicking on an unsubscribe link at the end of an email.

If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please write to us at [email protected]

Management and security

We have appointed a Privacy Officer to oversee the management of personal information in accordance with this policy and the Privacy Act.

Other than in relation to Non-Confidential Information, we will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, pass word access, secure servers and encryption of credit card transactions.

However, you acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control.

You acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose your personal information to in accordance with this policy or any applicable laws). The collection and use of your information by such third party/ies may be subject to separate privacy and security policies.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

Accessing and updating your information and how to contact us

Subject to some exceptions in the Privacy Act, you have the right to seek access to and update the personal information we hold about you. If you make an access request, we will ask you to verify your identity. We may charge a fee to cover the costs of meeting your request.

Members of our websites will generally be able to access and update their membership details online.

We request that you keep your information as current as possible so that we may continue to improve our service to you.

If you would like to seek access to personal information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, you can contact the department that collected your personal information in the first instance, or write to [email protected]