Terms of use – App

Welcome to our App. These are our Terms & Conditions for use of the App which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the App, regardless of how you access the App.

Use of this App

1.    Living Now Media P/L (LivingNow) is the operator of this App.

2.    Users of this App (Users) agree to be bound by these Terms & Conditions. Your use of and access to this App indicates your acceptance of these Terms & Conditions, as they exist at the time of use.

3.    LivingNow may amend these terms and conditions at any time by posting changes on the App.  If you use the App (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms and conditions.

Intellectual Property

4.    All intellectual property in relation to content on this App belongs to LivingNow or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this App is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

5.    You may download and view content or print a copy of material on this App for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by LivingNow. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the App without the copyright or trademark owners’ permission.

6.    The logos of the App and of the magazine mastheads on any LivingNow Apps are trademarks of LivingNow. Other trademarks may be displayed on the App from time to time. These may belong to third parties. Nothing displayed on the App should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the App, without the express written permission of the relevant owner.

Liability & Indemnity

7.    LivingNow does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) which cannot be excluded, restricted or modified.  However, LivingNow excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the App whether based in statute, common law or otherwise to the extent permitted by law.  To the fullest extent possible and subject to LivingNow’ liabilities and obligations under the ACL:

a)    LivingNow does not warrant the accuracy of the content which you access through this App. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this App may be changed at LivingNow’ sole discretion and without notice.

b)    LivingNow will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this App.

c)    LivingNow does not warrant that functions of this App or which you access through this App, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that LivingNow or the server that makes it available, are free of viruses or bugs.

d)    You indemnify LivingNow and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of this App.

Third Party Content & Links

8.    This App may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this App should be construed as granting any licence or right for you to use that content.

9.    This App may include links to third party Apps which are not related to LivingNow and in relation to which LivingNow has no control or interest. The appearance of those links on this App does not indicate any relationship between LivingNow and that third party or any endorsement by LivingNow of that third party, its App or the products or services which it is advertising on this App.

Contributing Content

When you submit content to LivingNow in any format, including any text, photographs, graphics, video or audio, you grant LivingNow a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in any way, now and in the future.

LivingNow reserves the right not to use the content you submit.

You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.

You indemnify LivingNow against any and all legal fees, damages and other expenses that may be incurred by LivingNow as a result of a breach of the above warranty.

You waive any moral rights in your contribution for the purposes of its submission to and use by LivingNow in accordance with these terms.

General

Users will not use this App for any purpose or in any way which is unlawful.

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Victoria.