Terms and Conditions of Use

TERMS OF USE
ADMINISTRATIVE DETAIL
Version 1.1
Date Created: Monday, 30 December 2002
Date Updated: Friday, 7 February 2003
Date & Time posted on this site: 07/02/03 4:50 PM

PURPOSE OF THIS SITE
This site, cityNEX.com has been created to:

1. Provide our clients and the general public with information regarding our products and services. A lot of this information is public domain and published openly here, however, some information, that of a strategic nature, of interest to Cities, Police Fire and Emergency Services only, is hidden. Access to this information requires an access code, personal password and use of the login procedure and,

2. the site also provides access to our street media, NEXiPoster® and the cityNEX® street communication consoles. Access to these products and services requires an access code, personal password and use of the login procedure.

3. This site is published on the World Wide Web (Internet) and the IntraNEX® (our own city nexus) and no matter which network you have used to access this site, the same terms and conditions of use apply.

TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these terms of use, you may still enter to read the information contained therein BUT PLEASE DO NOT USE THE SITE FOR ANY OTHER PURPOSE INCLUDING DOWNLOADING AND UPLOADING OF MATERIALS, BY USING THIS SITE IN ANY WAY WHATSOEVER OTHER THAN READING THE INFORMATION PUBLISHED THEREIN, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE AND THE TERMS CONTAINED IN TMI’S PRIVACY POLICY.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time (see Miscellaneous Conditions). Please check these terms periodically for changes. Your continued use of cityNEX.com following the posting of changes to these terms means you accept those changes.

RESTRICTIONS ON THE USE OF TMI MATERIALS
This site is owned and operated by Telemetric Media Information Pty Ltd of Western Australia (referred to as "TMI," "we," "us," or "our" herein). No material from cityNEX.com or any Web site owned, operated, licensed, or controlled by TMI may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the written authorisation of TMI, save that you may download one copy of each of the materials available herein for your personal use. Where distribution to colleagues and/or other persons is required for reasons of a commercial decision making process, then and only then may you make or download further copies and in this case you must keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of TMI's copyright and other proprietary rights. For purposes of these terms, the use of any such material, on any other Web site or networked computer environment, is prohibited. All trademarks, service marks, and trade names, i.e. cityNEX®, NEXiPoster®, FlexiPoster®, NEXiPole®, FlexiPole®, NEXiPod®, FlexiPod®, Dogie®, visionNEX®, visionNET®, intraNEX®, NEXiTrack® and FlexiTrack® are proprietary to TMI.
In the event that you download material from this site, the material, including any files, images incorporated in or generated by the material, and/or data and/or software accompanying the material (collectively, the "Material") are licensed to you by TMI. TMI does not transfer title to the Material to you. You own the medium on which the Material is recorded but TMI retains full and complete title to the Material, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Material to a human-perceivable form.

RELATED OUTDOOR PRODUCTS
NEXiPoster®
All of our NEXiPoster® sites have IP addresses linked to this site and are therefore by definition part of this site and when using them you are subject to these terms and conditions.
NEXiPoster® are electronic posters and are either dynamic (fully automated) or static (partially automated) BUT FROM YOUR POINT OF VIEW (and ours) NEXiPoster® are nothing more than empty spaces in a streets waiting to be rented. These spaces, or space, once rented by you, may be used for the publication of either commercial or non-commercial messages. Materials for publication are submitted to TMI for posting once you have rented space. How to submit materials is described in the appropriate downloadable file dealing with the submission of artwork. TMI ASSUMES NO LIABILITY FOR THE SUBMISSION OF YOUR MATERIALS, ALL THAT WE WARRANT, IS THAT YOUR MATERIALS ONCE RECEIVED, AND CONFIRMED AS BEING RECEIVED, SHALL BE TRANSFERRED FROM OUR SERVER TO THE NEXiPoster® SPACE RENTED BY YOU AND WE FURTHER WARRANT THAT THE TRANSFER SHALL BE AFFECTED UPON THE DATE AND WITHIN THE TIME SLOT ALLOCATED TO YOU DURING THE BOOKING PROCESS.

cityNEX® Street Consoles
All of cityNEX® Street Consoles have IP addresses linked to this site and are therefore by definition part of this site and when you use them you are subject to these terms and conditions.
cityNEX® Street Consoles, are to all intent and purpose, wireless computer monitors strategically placed within those cities that have cityNEX® access. The Street Consoles provide FREE public access to the IntraNEX® (our own city nexus). Web sites, bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information.

NEXiPole®
NEXiPole® is our name for street poles fitted with the ‘smarts’ to provide a wireless ‘hot spot’ to the community which they serve. These ‘hot spots’ allow user computer equipment and other types of user handheld devices wireless broadband connectivity to our IntraNEX® and thereby, wireless communication one to another. cityNEX® connectivity also allows a broadband portal to the Internet if desired. Our clients, be they residents, local businesses or visitors to the city, all have roaming access to cityNEX® services on demand. NEXiPole® therefore, by default, have IP addresses linked to this site and are by definition also part of this site and if, and when, connected by these means, you are subject to these terms and conditions.

SUBMISSION OF YOUR MATERIALS
NEXiPoster®
If using NEXiPoster®, IT IS YOUR RESPONSIBILITY TO SUBMIT MATERIALS ACCEPTABLE FOR PUBLICATION, IN THE TIME AND MANNER TO MEET THE PUBLICATION DEADLINE. Materials, including images and copy (collectively, the "Artwork"), submitted by you for publication on NEXiPoster® remains your property and the responsibility of correctness and conformity to the laws governing publication remain yours. TMI accepts no liability other than to ensure that the Artwork submitted, IF APPROVED FOR PUBLICATION, will be posted to the NEXiPoster® space in accordance with your confirmed booking instructions. The possession of confirmed NEXiPoster® space (Booking) is a prerequisite to the submission of Artwork. In this regard, if required, TMI will provide you with the necessary instruction and/or render assistance in the preparation of your Artwork but it shall not be liable for any content, this is entirely your responsibility. Notwithstanding, in terms of publication, TMI's agreement with the cities in which NEXiPoster® are located may not allow it to accept or consider certain creative ideas, suggestions, or materials as being suitable for public display and in which case, TMI holds the right to either, suggest changes, remove and/or edit any offending section of the Artwork, or alternatively reject the submission in its entirety by refusing publication. As a general rule and to avoid the editing and/or rejection of your submission, you should not upload or submit any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or considered to constitute or encourage a criminal offense, violate the rights of any party, or is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, or contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, or discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or would otherwise give rise to liability, or violates and/or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance, or refers to such matters in any manner prohibited by law.

STORAGE & UPLOAD FEE
Artworks submitted to TMI are stored on TMI’s servers prior to publication on NEXiPoster® space. Artwork is uploaded to the street on the dates and at the times booked by you and you are charged an upload fee, as and when this occurs. Upload fees are calculated according to the size of the data package uploaded so it is advisable that you follow TMI’s guidelines when submitting your Artwork. TMI uses advanced compression technology and if your submission conforms to the guidelines, TMI is then able to further compress your work so that minimal upload fees occur even for the highest quality of Artwork.
No storage fees are charged for single use submissions, (that is where your Artwork is only going to be used in a single time-slot on a single day), but where distribution is to multiple NEXiPoster® sites, and/or in multiple time slots and/or over a protracted dateline, it is obvious that the Artwork is reusable and by definition would require storage on TMI’s servers and in this case, a minimal storage fee is charged. Storage and Upload fees cannot be calculated until you have actually submitted your Artwork and you are responsible for the payment thereof immediately these fees are calculated and by submitting your material you accept the liability for the payment thereof.

STORAGE & UPLOAD MANAGEMENT
When Artwork is stored on our server, we provide you with a ‘Virtual Stockroom’ available to you for viewing on this site. When accessing your private Stockroom you will be able to view all of your available Artwork, you can then allocate and/or reallocate Artwork to NEXiPoster® manually.
IT IS YOUR RESPONSIBILITY TO SUBMIT MATERIALS IN THE TIME AND MANNER TO MEET THE PUBLICATION DEADLINE, this deadline is given to you at the time space is booked, the manual management option is only available to Artwork not already committed to an unalterable publishing deadline so any changes to the Artwork itself, or the publication schedule, must be timeously made. TMI will not be liable or held liable for the publication of any ‘last minute’ changes made by you if the posting thereof is not practicable.

USE OF OUR ON-LINE ART ROOM
Our on-line art room has been included for the use of our casual clients and non-commercial users. It is by nature unsophisticated and the images contained therein are public domain. Sophisticated users are encouraged to submit their own Artwork or use the services of professional advertising agencies or alternatively TMI’s art department.

Submission of materials for the On-line Art Room
TMI does not accept unsolicited materials (clipart) or ideas for use in our Art Room. TMI accepts and uses such material on face value and is not responsible for the similarity of any of its content or programming to those seen or found in any other media and while TMI shall use its best endeavours, to prevent any breach of copyright, all liability, legal and/or otherwise, shall rest and remain with the person and/or persons who transmitted the materials to TMI in the first instant. So, should you choose to send any unsolicited materials or ideas, you do so with the understanding that you bear the sole responsibly of copyright infringement, or if you are the originator of the material, you accept that no additional consideration of any sort will be provided to you, and that you are waiving any claim against TMI, its affiliates, its clients and its users regarding the use of such materials and ideas, even if the material or idea is used substantially for commercial purposes.
Notwithstanding the above, TMI does have a user-pay royalty system in operation for all original artwork (not available elsewhere as public domain clipart) that is submitted and accept for use in our cityNEX.com Art Room.
WHEN USERS SELECT CLIPART IN OUR ON-LINE ART ROOM THE COPYRIGHT FEES ARE INCLUDED IN THE COST OF THE ARTWORK ASSEMBLY AND ROYALTIES ARE AUTOMATICALLY SUBMITTED TO THE COPYRIGHT OWNERS, WHERE APPLICABLE, UPON THE PUBLICATION THEREOF. TMI pays no royalties unless the clipart selected is posted to either a NEXiPoster® or a cityNEX® Street Console. Only clipart that is public domain is downloadable thus the integrity of copyright material is protected. While every protection is taken to prevent illegal access and/or hacking, TMI takes no responsibility for the copyright protection or payment of royalty for any clipart obtained from this site and/or distributed by illegal means.

cityNEX® Street Consoles
Materials can be submitted to cityNEX® Street Consoles in two ways:

1. As a Public User – in which case the “Policies for Users” applies, or
2. As a Client User - – in which case the “Policies for Clients” applies.

Policies for Clients
cityNEX® Street Consoles are directly connected to the IntraNEX® and have a portal to the Internet. Thus cityNEX® offers you the choice of posting your own web site directly onto the IntraNEX® or providing a mirror link to your existing Internet web site. TMI ASSUMES NO LIABILITY FOR CONTENT IN THE PUBLICATION OF YOUR WEB SITE ON THE intraNEX® NOR, IN THE EVENT OF YOUR SITE BEING MIRRORED, DOES IT ACCEPT ANY LIABILITY FOR ANY INTERRUPTION TO THE SERVICE DUE TO ANY THIRD PARTY FAULT CREATED ON THE INTERNET EITHER DIRECTLY OR INDIRECTLY BY ANY OTHER INTERNET USER OR BY YOUR INTERNET SERVICE PROVIDER AND/OR ITS AFFILIATES.

Policies for Users
cityNEX® Street Consoles/cityNEX.com bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of cityNEX® and the volume of messages and postings, TMI cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms and other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. TMI reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Posting Rules.
Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of cityNEX.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by TMI in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our cityNEX® Street Consoles so when using this service, please do not post material that:
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, or violates any right of TMI or any third party, or discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law, or violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance, or unfairly interferes with any third party’s uninterrupted use of cityNEX.com or advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
and do not attempt to:
- upload copyrighted or other proprietary material of any kind without the express permission of the owner of that material, use or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Use, knowingly or deliberately upload or transmit viruses or other harmful, disruptive or destructive files, disrupt, interfere with, or otherwise harm or violate the security of cityNEX.com , or any services, system resources, accounts, passwords, servers or networks connected to or accessible through cityNEX.com or affiliated or linked sites, or “flame” any individual or entity (e.g., send repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeat prior postings of the same message under multiple threads or subjects.

THE CONSEQUENCE OF A VIOLATION TO ANY OF THE FOREGOING GUIDELINES MAY BE THE REFERRAL OF THE OFFENCE TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITY.

ADDITIONAL TERMS REGARDING ALL SUBMISSIONS
By providing information to, communicating with, and/or placing material on, cityNEX.com, including for example communication by Email during registration, posting a resume or other content of a general nature, communication on any cityNEX® Street Console bulletin board, message or chat area, placing any advertisement or non-commercial message on NEXiPoster®, entering any sweepstakes, answering any marketing survey etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Use; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Use; and, (3) the content will not cause injury to any person or entity. USING A NAME OTHER THAN YOUR OWN LEGAL NAME IS PROHIBITED (EXCEPT IN THOSE SPECIFIC AREAS OF cityNEX.COM THAT SPECIFICALLY ASK FOR UNIQUE, FICTITIOUS NAMES, E.G., CERTAIN MESSAGE BOARDS AND CHAT ROOMS).

For all information and material posted by you to cityNEX® Street Console Public Domain (bulletin board, message or chat area), or submitted for free use to the cityNEX.com Art Room, you grant TMI, its affiliates and related entities, including cityNEX.com and its affiliated sites, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.

Without limiting the generality of the previous sentence, you authorise TMI to share the information across all TMI affiliated Web sites, to include the information in a searchable format accessible by users of cityNEX.com and other TMI Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant TMI the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us in this, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

The aforesaid waivers contained in the two previous paragraphs do not include the submission of materials of a proprietary or corporate nature, those covered by existing copyright or trade marks, or submitted for commercial use only, or in terms of a commercial agreement between you and TMI, or materials submitted for publication on NEXiPoster®, or posted within the commercial domain of cityNEX® Street Console (i.e. Web Pages and advertisements).

BOOKING OF NEXiPoster® SPACE
The booking of NEXiPoster® space is a prerequisite to the submission of materials for publication in the street and PROVIDED THAT YOU HAVE AN ACCESS CODE, you may book NEXiPoster® space anywhere in the world by using this site. Alternatively, bookings may be made by email, telephone or fax.
The availability of NEXiPoster® space, the area in which that space is available together with the dates and time slots and the rental prices specific to those sites, dates and times are made known to you prior to booking. ONCE YOU MAKE THE BOOKING AND IT IS CONFIRMED AS ACCEPTED BY TMI, YOU ARE THEN IMMEDIATELY LIABLE FOR THE PAYMENT THEREOF.
It is your option to buy space on any NEXiPoster® located on any street anywhere in the world and leave it vacant for the time period rented, it is also your option to post a message that during the time period rented, thus THE RENTAL OF NEXiPoster® SPACE AND THE PAYMENT THEREOF IS NOT IN ANYWAY RELATED TO, OR CONDITIONAL UPON THE SUBMISSION OF ANY MATERIALS TO BE POSTED THEREIN NOR IS IT CONTINGENT UPON THE APPROVAL FOR PUBLICATION OF ANY MATERIALS SUBMITTED BY YOU FOR POSTING TO THE RENTED SPACE.
If choosing to use the space you have rented for advertising or the display of non-commercial messages to the public THEN IT IS YOUR RESPONSIBILITY TO SUBMIT MATERIALS OF A NATURE THAT WOULD BE ACCEPTABLE FOR PUBLICATION, IN THAT YOU DO SO IN SUCH TIME AND MANNER TO MEET THE DEADLINE. When booking the space, deadline times for materials submission will be made known to you at the time of booking but if for any reason, these times are not conveyed to you, IT IS YOUR RESPONSIBILITY TO CONTACT TMI TO CONFIRM WHAT THESE TIMES ARE.
TMI accepts no liability other than to ensure that IF Artwork IS submitted and APPROVED FOR PUBLICATION, then that Artwork will be posted to the NEXiPoster® space in accordance with the confirmed booking instructions, the non-submission or non-approval for publication and in particular that non-display of Artwork shall not be accepted as a waiver of your responsibility to pay for the NEXiPoster® space rented.

ISSUING OF ACCESS CODES
To acquire an access to the restricted areas of cityNEX.com you need to either have a commercial account with TMI or be a cityNEX® User Member.

A TMI Credit Account is necessary if you intend posting any materials to NEXiPoster®, having a Web Site posted on cityNEX®, or submitting advertisements to the cityNEX® Street Console nexus.

A User Membership is necessary for you to enter and use all of the public domain interactive areas, discussion boards, chat rooms, etc. available to you, via your own computer equipment or by using any cityNEX® street console. USER MEMBERSHIP ALSO ALLOWS YOU TO LOG INTO THE HIDDEN AREAS OF cityNEX.com, HOWEVER, ACCESS TO SOME FILES ARE STILL RESTRICTED. Access to an area is dependant upon who you are, you will not for example be allowed to view cityNEX® information on city management systems unless employed by a city, the same goes for police or fire department systems etc. Any attempt to deliberately and repeatedly enter areas restricted to a particular membership tier, will result in the cancellation of that membership and further access to any area, including public domain, will be denied.

Applications for a TMI Credit Account and Registration Forms for User Membership are available on this site and can be filled in on-line, downloaded or alternatively can be mailed out to you – completing these application forms is obligatory.

If you become a TMI Account Holder or a Member of cityNEX.com, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access cityNEX.com using your name in whole or in part. cityNEX.com reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Use.

It is our policy to respect the privacy of all Users and Clients (collectively referred to as Guests). Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a Guest's e-mail unless required in the course of normal maintenance of cityNEX.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on TMI; (2) protect and defend the rights or property of TMI; or (3) act in an emergency to protect the personal safety of our Guests or the public. Users shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you are automatically subject to these Terms of Use and in particular the conditions contained in the section titled SUBMISSION OF YOUR MATERIALS and all of the sub-sections therein.

PAYMENT
You are personally responsible for the payment of TMI services and products used by you and payment shall be made timeously in the manner requested by TMI. There are additional terms and conditions applicable to both the sale of product and to the granting of credit (if applicable). These additional terms and conditions of sale and terms of credit are to be regarded as appendages to these Terms of Use described here and they do not in any way, manner or form supersede and/or replace any of the terms and conditions already described herein.

PAYMENT AND COMMUNICATIONS WITH THIRD PARTIES THROUGH cityNEX.com.
Your dealings or communications through cityNEX.com with any party other than TMI are solely between you and that third party. For example, certain areas of cityNEX.com may allow you to conduct transactions or purchase goods or services (Video on Demand, Internet Connectivity etc.). In most cases, our third-party partners and vendors will conduct these transactions directly with you. UNDER NO CIRCUMSTANCES WILL TMI OR CITYNEX.COM BE LIABLE FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO. Please review carefully those third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Payments for goods and services, complaints, concerns or questions relating to materials provided to you by these third parties should be forwarded directly to the third party concerned and neither TMI, nor cityNEX®, will at any time, act as an arbitrator or referee on your or the third parties behalf in these matters.

CLAIMS AND REFUNDS
No claims whatsoever will be considered for the refund of monies paid for NEXiPoster® space in the event of any materials not being displayed for reasons of (a) late submission and (b) not being accepted for publication for whatever reason.
With the exception of an error directly caused by a TMI staff member we have a policy of not refunding cash. Where a justifiable claim is made and accepted by TMI, a credit note to the value of the claim will be issued and you may redeem the credit for the delivery of exactly the same type of product at a latter date.

Please read DISCLAIMERS and LIMITATION OF LIABILITY since these two conditions relate directly to the consideration of any claim.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting its products that are available in Australia. This site is controlled and operated by TMI from its offices within Western Australia. Those who choose to access this site from other locations or submit materials for use on the streets of Australian cities do so on their own initiative and are responsible for compliance with our (West Australian) local laws, if and to the extent local laws are applicable.

International Users
cityNEX.com is controlled, operated and administered by TMI from its offices within Western Australia. TMI will as time goes by provide local links in all of those countries in which it operates, until then however, TMI makes no representation that materials or content available through cityNEX.com are appropriate or available for use outside Western Australia and access to them from territories where their contents are illegal is prohibited. You may not use cityNEX.com to either import or export content and/or materials that may be in violation of your local laws and regulations regarding the export and/or import of such content and/or materials. If you access cityNEX.com from a location outside Western Australia, you are responsible for compliance with all applicable laws.

TERMINATION
These terms are effective until terminated by either party.
You may terminate these terms at any time by first satisfying (where applicable) any outstanding sale/rental contracts and clearing any outstanding credit amounts owed, followed by destroying all materials obtained from any and all TMI site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise.
These terms will terminate immediately without notice from TMI if in TMI's sole discretion you fail to comply with any term or provision of these Terms of Use or any of the terms of sales and credit. Upon termination, you must destroy all materials obtained from this site and any and all other TMI site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

DISCLAIMERS

Email Disclaimer

Confidentiality
The contents of this e-mail (and any attachments) are confidential, may be privileged and may contain copyright material of Telemetric Media Information Pty Ltd ACN 090 512 093 ("TMI") or third parties. You may only reproduce or distribute the material if you are expressly authorised by us to do so. If you are not the intended recipient, any use, disclosure or copying of this e-mail (and any attachments) is unauthorised. If you have received this e-mail in error, please immediately delete it and any copies of it from your system and notify us via e-mail at support@tmi.net.au. To view our full disclaimers please see our Terms and Conditions of Use.

Privacy
By forwarding any emails (and attachments) to TMI, you agree that TMI may copy, distribute or disclose such emails (and attachments) to other third parties for the purpose of providing our services to you or to any of our clients in relation to the subject matter of the email, for example, we may forward your emails (and attachments) to our clients, agents or consultants assisting us in providing such services. Our complete Privacy Policy may be viewed online on www.cityNEX.com.

Viruses
TMI does not represent or warrant that files attached to this e-mail are free from computer viruses or other defects. Any attached files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss or damage resulting directly or indirectly from such use. The liability of TMI is limited in any event to either the resupply of the attached files or the cost of having the attached files resupplied.

As regards this site on both the Internet and our own IntraNEX®, download and uploading:
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TMI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, cityNEX.com explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from cityNEX.com from third parties not associated with TMI. cityNEX.com encourages discretion when browsing the Internet using our or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, TMI cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
cityNEX.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from cityNEX.com since other Shop Channels are owned and operated by independent retailers. cityNEX.com does not endorse any of the merchandise, nor has taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. cityNEX.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

As regards NEXiPoster® and cityNEX® Street Consoles
While TMI uses reasonable efforts to check upon the accuracy, correctness and authenticity of the materials submitted for street publication, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission or illegality of the content. TMI does not represent or warrant that the publication of any content submitted by you will not infringe rights of third parties or be subject to active objection. TMI has no responsibility for actions of third parties as a result of the publication of your materials or for action, legal or otherwise taken by others as a result of the publication of your materials.

USE OF CITYNEX.COM AND ITS RELATED PRODUCTS IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER TMI, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE CONTENT OF ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE TO THE PUBLIC THROUGH THE USE OF EITHER NEXIPOSTER® OR CITYNEX® STREET CONSOLES OR THROUGH THE INTRANEX® FACILITIES MADE AVAILABLE TO YOU BY CITYNEX.COM , AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF CITYNEX.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES CITYNEX.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. CITYNEX.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

CITYNEX.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANISATIONS. CITYNEX.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE CITYNEX.COM . ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

WHILE TMI SHALL EMPLOY ALL REASONABLE EFFORTS TO ENSURE THAT MATERIALS SUBMITTED FOR PUBLICATION ON THE STREET IS DISPLAYED ON TIME, ACTUAL DISPLAY OF YOUR MATERIAL REQUIRES THE INPUT OF THIRD PARTY SUPPLIERS (FOR EXAMPLE THE ELECTRICITY SUPPLY COMPANY), TMI ONLY WARRANTS THAT IN THE EVENT OF YOUR MATERIAL NOT BEING DISPLAYED ON DUE DATE IT SHALL POST YOUR MATERIAL TO THE SITE ON THE NEXT AVAILABLE DATE. NO FURTHER WARRANTY OR COMPENSATION IN THIS REGARD IS PROVIDED.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TMI BE LIABLE FOR ANY SPECIAL, INDIRECT CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF YOUR SUBMITTED MATERIAL OR ANY ERRORS OR OMISSIONS IN THE SAID CONTENT OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE,
EVEN IF TMI OR A TMI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TMI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED AUD$500 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR THE COST OF RENTAL OF NEXIPOSTER SPACE WHICHEVER IS THE LESSOR AMOUNT.

INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, CITYNEX.COM AND TMI, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF CITYNEX.COM AND ITS RELATED PRODUCTS; (2) CITYNEX.COM ’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

TMI PRIVACY POLICY
The policies below are applicable to www.citynex.com a web site owned and operated by TMI.
TMI collects personally identifying information only during the registration process for a TMI Account or User Membership and in certain portions of sites in which guests provide content submissions and suggestions or participate in interactive online activities (i.e., community postings, voting, chat, games, or bulletin boards). TMI may use such information to fulfill prizes or for editorial and feedback purposes (to the extent that is explained when guests provide the information). In the event TMI plans to post any such information on a site, guests are provided prior notification of such posting and given the option of preventing such posting.

POLICIES FOR INDIVIDUALS UNDER AGE
TMI uses its best endeavours to keep materials of a pornographic or offensive nature off its IntraNEX® network. Protection in regard to ‘online stalking’ etc., particularly in the chat rooms are also in place BUT TMI DOES NOT ACTIVELY MONITOR TRAFFIC ON ITS NETWORK AND DOES NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY OF ANY KIND REGARDING THE CONTENT TRANSMITTED BY THIRD PARTIES OR THE STERILITY THEREOF, TMI encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on this site.
WARNING: cityNEX.com offers guests a portal from the safer and controlled environment of the IntraNEX® to the open-ended Internet and the switchover from one to the other is beyond our control. Crossing over from one to the other can be barred at your end by password protection. Parents and guardians who do not wish to allow their children to spend unsupervised time on the Internet are encouraged to enable this password feature and if used, they are entirely responsible for the protection and secrecy of the password. TMI uses its best endeavours to secure the integrity of this feature but does not warrant that the functions contained therein will not be broken particularly if the parents or guardians use a password that is easily decrypted by, or obvious to their children.
No information should be submitted to or posted at TMI's Web sites by underage guests without the consent of their parent or guardian. Unless otherwise disclosed during Registration, TMI does not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever.
Although underage guests are allowed to participate in contests, if such a guest wins, notification and prizes are sent to the parents or guardians identified in the initial Registration process.
No information collected from underage guests is used for any marketing or promotional purposes whatsoever, either inside or outside TMI.
Guests' e-mail addresses are never posted on TMI Web sites.


ABOUT IP ADDRESSES
TMI collects IP addresses for the purposes of system administration and to report aggregate information to our advertisers.
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. Web servers (both ours and your ISP where applicable) automatically identify your computer by its IP address online but in particular, when entering cityNEX.com, our servers log your IP address. We do not link IP addresses to anything personally identifiable. This means that your session and your specific computer hardware will be logged but you, the user, will remain anonymous to us.

USE OF COOKIES OR TRACKING SOFTWARE -- THE TMI TRACKING POLICY
For the uninitiated, Cookies or Tracking Software are bits of information continually transferred to and from a Web site that you are logged into and your computer device. In the main, Cookies or Tracking Software are used for record keeping purposes and sometimes for online security. The use of Cookies or Tracking Software is an Industry standard and you'll come across them at most major Web sites.
cityNEX.com uses Cookies, and at times other software applications to track which areas are popular and which are not, encrypted Cookies or Tracking Software are used to identify you to some of our affiliated sites, in particular, encrypted Cookies or Tracking Software are used when you use our online shopping feature, view movies on demand, or play online games. It is true that many improvements and updates to the site are based on data collected from Cookies or Tracking Software but more importantly, Cookies or Tracking Software allow you access to parts of the site otherwise unavailable to you.

How TMI Online Sites Do Not Use Cookies or Tracking Software
TMI Sites never use Cookies or Tracking Software to retrieve information from your computer that was not originally sent in a cookie. Except as described below, TMI sites do not use information transferred through Cookies or Tracking Software for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever.
TMI Sites do not use Cookies or Tracking Software to identify specific individuals, except in such cases as online shopping (see above) and if applicable, contest registration (where a cookie allows you to enter a contest every day without registering again each time).
Most browsers are initially set to accept Cookies or Tracking Software but as a preference some users set their browser to refuse Cookies or Tracking Software or transmit an alert when Cookies or Tracking Software are being sent. If you'd prefer, you can set your browser to refuse our Cookies or Tracking Software but in which case parts of the site, such as the shopping, movies and game areas will not function and you will be denied entry into other areas entirely.

LINKS TO OTHER SITES
Users should be aware that when you are on TMI sites you could be directed to other sites that are beyond our control. There are links to other sites from TMI sites that take you outside our service. These other sites may send their own Cookies or Tracking Software to users, collect data or solicit personal information.

ALWAYS BE AWARE OF WHERE YOU END UP.
Please keep in mind that whenever you give out personal information online - for example, via message boards or chat - that information can be collected and used by people you don’t know. While TMI strives to protect its user’s personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

YOUR ACCEPTANCE OF THESE TERMS
By using this site, you signify your assent to the TMI Privacy Policy. If you do not agree to this policy, please do not use this site. Your continued use of cityNEX.com and its TMI affiliated sites following the posting of changes to these Privacy Policy terms will mean you accept those changes.

MISCELLANEOUS CONDITIONS
TMI reserves the right to change these Terms of Use and Privacy Policy at any time in its discretion and to notify users of any such changes solely by changing this Terms of Use and Privacy Policy. Your continued use of cityNEX.com after the posting of any amended Terms of Use and Privacy Policy shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Use and Privacy Policy was posted will be governed according to the Terms of Use and Privacy Policy that applied at the time of your use.
TMI may modify, suspend, discontinue or restrict the use of any portion of cityNEX.com , including the availability of any portion of the services or products offered to you by TMI through cityNEX.com (hereinafter called ‘Content’) at any time, without notice or liability. TMI may deny access to any person or user at any time for any reason. In addition, TMI (or cityNEX.com ) may at any time transfer its rights and obligations under this Agreement to any TMI owned company, affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires TMI, cityNEX.com or any of their assets.

These Terms of Use and Privacy Policy will be governed by and construed in accordance with the laws of the State of Western Australia, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to cityNEX.com must be filed in a federal or state court located in Perth, Western Australia, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Terms of Use and Privacy Policy Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Terms of Use and Privacy Policy Agreement shall continue in full force and effect. Any failure of cityNEX.com or TMI to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Terms of Use and Privacy Policy Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Terms of Use and Privacy Policy Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to cityNEX.com (if applicable) in regard to your submissions, and all other provisions for which survival is equitable or appropriate.

CONTACT ADDRESS (in regard to these terms and conditions)
To contact cityNEX.com in regard to any queries or comments in regard to these Terms of Use or Privacy Policy, please use the following:

For all other matters use the appropriate address located in the ‘Contact Us’ section of this site.

To return to the Web site, please use the "Back" or "Enter" button below.
© TMI. All rights reserved.

Back | Enter

To download this file please click here

This file requires Adobe Acrobat.