Domain Digital Terms of Use Agreement
This Terms of Use Agreement (Agreement) governs your use of Domain Digital Service. By using Domain Digital website and the services offered herein, you indicate your acceptance to be bound by this Terms of Use.
Domain Digital Service or the “Service” is the on-line service owned by Fairfax Digital and operated by NewspaperDirect Inc.
“We”, “Our”, “Us” means Fairfax Digital , our service agent, NewspaperDirect Inc. and Domain Digital website. We provide you with the capability to read online electronic versions of publications. Domain Digital Website is located at http://domain.newspaperdirect.com. “You” means a customer of Domain Digital Service (to the exclusion of business users) and/or visitor of Domain Digital Website. “Account” means your Domain Digital service account, including user name and password information.
| Registration and Security |
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When you register, you choose a password and provide your email and other information. You're responsible for providing accurate registration information and for updating it as required. You are responsible for maintaining the confidentiality of your password. Our current Privacy Policy is available here.
| User Responsibilities |
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You may only use Domain Digital Service (a) for lawful purposes, (b) in accordance with this Agreement, and any operating rules established by NewspaperDirect. You may not restrict or inhibit any other person from using or enjoying Domain Digital Service. You will not use Domain Digital Service in jurisdictions where such use is prohibited by applicable law.
Domain Digital Service is provided for personal use only. For corporate or institutional subscription options please contact our Corporate Support Team.
| Changes to Domain Digital Service and Pricing |
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We may, at any time, change or discontinue any aspect or feature of Domain Digital Service, including content, subscription plans and features, pricing, hours of availability, equipment or the software needed for access or use. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
| Intellectual Property |
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Domain Digital Service contains copyrighted material, trade marks and other proprietary information. Without limiting the scope of Fairfax Digital and/or NewspaperDirect's intellectual property rights, you acknowledge that Fairfax Digital and/or NewspaperDirect own intellectual property rights in (i) the content included within the publications; (ii) Domain Digital Service, the content contained within it; (iii) the selection, coordination, and arrangement of Domain Digital Website and the publications contained within it; and (iv) the trade marks used in connection with the Service. Publications available with the Service are for your personal use with Domain Digital only and may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited. We do not grant you any licenses express or implied, to the intellectual property of Domain Digital or our Publishing partners except as expressly authorised in this Agreement.
NewspaperDirect is a distributor (and not a publisher) of content supplied by third parties and has no editorial control over the content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications delivered by our Service, are those of the respective author(s) or publisher(s) and not of NewspaperDirect. Neither NewspaperDirect nor any third-party provider of information guarantees the accuracy, timely availability, completeness, or usefulness of any content. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through Domain Digital Service. Domain Digital Service may contain links to other Internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content.
| Price and Availability of Content |
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Access to Domain Digital Service is made available to end users on a subscription basis. Pricing details can be looked up in the Subscription Plans area of Help and Support, or confirmed with our Customer Support team professional.
| Domain Digital Service Refund Policy |
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We make no guarantee that you will be entitled to any refund for subscription purchases. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion.
| Currency Conversion and Associated Fees |
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NewspaperDirect shows prices in Australian dollars (AUD). When you purchase a subscription plan to Domain Digital service, NewspaperDirect will charge you a price in Australian dollars. If your bank or a credit card company converts Australian dollars to your local currency, the resulting price may fluctuate depending on the changes in the conversion rate. Your credit card company may charge you a fee for this service. NewspaperDirect is not responsible for any fees that your bank or credit card company charges for performing currency conversion, conversion rate or changes in the conversion rate.
| Domain Digital Auto-Renew and Cancellation Policy |
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With the exception of single issue (current or archived) purchases, all other subscription plans to Domain Digital Service are auto-renewed at the end of the subscription term. However, you may cancel your subscription at any time. In case of cancellation no refund is granted for the unused portion of the cancelled subscription.
| Disclaimer of Warranty |
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(A) DOMAIN DIGITAL SERVICE IS PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NONINTERFERENCE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(B) WITHOUT LIMITING THE FOREGOING, NEITHER NEWSPAPERDIRECT NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT DOMAIN DIGITAL SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DOMAIN DIGITAL SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH DOMAIN DIGITAL SERVICE. YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY, TYPICALLY THROUGH A THIRD PARTY INTERNET SERVICE PROVIDER. THE HOLLY MEDIA SMART EDITION IS NOT RESPONSIBLE FOR ISSUING REFUNDS BASED ON YOUR INABILITY TO CONNECT TO DOMAIN DIGITAL SITE OR VIEW THE NEWSPAPERS.
| Limitation of Liability |
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IN NO EVENT WILL NEWSPAPERDIRECT OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DOMAIN DIGITAL SERVICE. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON DOMAIN DIGITAL SERVICE; AND (II) NEWSPAPERDIRECT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING NEWSPAPERDIRECT LICENSORS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Fairfax Digital, NewspaperDirect, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of your use or inability to use of Domain Digital Service. You agree to fully cooperate as reasonably required in the defence of any such claim.
We have the right, but not the obligation, to monitor Domain Digital Service (i) to determine compliance with this Agreement and any operating rules established by NewspaperDirect; and
(ii) to satisfy any law, regulation or authorised government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of NewspaperDirect licensors' obligations.
| Revisions to the Terms of Use |
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Domain Digital shall have the right at any time to change or modify this Agreement. You will be effectively notified when
(i) we prominently display the revised Terms of Use Agreement on Domain Digital website; or
(ii) you are notified by any other means that would make a reasonable person aware of the new Terms of Use Agreement. Your continued use of Domain Digital Service after notice of the new agreement constitutes your acceptance of the new agreement.
Either Domain Digital or you may terminate this Agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your Account in the event that you breach this Agreement. If your Account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. The provisions of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement.
This Agreement and any operating rules for Domain Digital Service constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
This Agreement shall be construed in accordance with the Australian Law. For any legal action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the Australian courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last revised on June, 21th 2006