1. Your obligations

1.1 You must be the holder of an Foxtel account or any person that you authorized to act on your behalf in relation to your Foxtel account in order to register on the My Account section of the Website or the AnyWhere service.

1.2 In order to access the My Account section of the Website you must identify your account number.

1.3 You must create a user name and password to access the My Account section of the Website.

1.4 You must not send or disclose any part of your account number, user name or password to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it. You may only disclose your account number to persons that you authorize to act on your behalf in relation to your Foxtel account.

1.5 You must supply us with complete, accurate and up to date personal information when registering on the Website and this information must be updated by you to ensure that Foxtel maintains correct personal information data.

2. Security

2.1 You must immediately notify us if you become aware that your password details have been compromised or are known by a third party or there has been an unauthorized use of your account and login details and in the event of notifying us, we will take all reasonable steps to deactivate your account and reissue you with new login details. Alternatively, if you are concerned that your password details have been compromised, you are able to re-set your password via My Account.

2.2 For security reasons, Foxtel may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Website. Foxtel is not responsible for any information that you may lose if Foxtel terminates your browser session due to prolonged periods of inactivity.

2.3 Foxtel will take reasonable steps to secure the Website and the systems within its control that are used to access the Website. However, Foxtel does not guarantee the security of the Website or the systems or any information that passes through such systems due to the unreliable nature of the intent or your inappropriate use of the Website or such systems in breach of these Terms of Use.

3. Copyright

3.1 The Foxtel website is owned and operated by AUSTAR Entertainment on behalf of Foxtel Management Pty Ltd.

3.2 All information, text, material, graphics, software and advertisements on the Website ("Content") are Copyright (c) of Foxtel, its suppliers and/or licensors, unless expressly indicated otherwise on the site. The Content is protected by Australian and international copyright and trade mark laws. The Content is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the website or expressly authorised in writing by Foxtel.

4. Links to third party websites

The website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Foxtel, and Foxtel is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Foxtel provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Foxtel. You link to any such website entirely at your own risk.

5. Use of information gathered on the network and Privacy

5.1 Foxtel and its affiliates may gather, process and use (and allow others to use): a) the information which you submit or otherwise provide when using the website (including your name, physical address, e-mail address and any other details you provide), b) information regarding the manner in which you use the website (including, without limitation, all information gathered as a result of the use of "cookies") - this information set out in (b) on its own does not indentify an individual.

5.2 Any personal information that we do collect, we do not share with other government agencies, organisations or anyone else unless you consent. There may be some exceptional circumstances for disclosing your information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes.

5.3 When an individual's email address is received by us because they sent us a message, the email address will only be used or disclosed for the purpose for which they have provided it and it will not be added to a mailing list or used or disclosed for any other purpose without the individual's consent.

5.4 If you choose to join our email lists, complete online forms or lodge enquiries your contact details will be stored on password protected databases.

5.5 The collection and use of your personal information is subject to privacy laws, the terms of the FOXTEL Customer Agreement by AUSTAR and FOXTEL's Privacy Statement by AUSTAR.

6. Trade marks

All trade marks displayed on the website are trademarks of their respective owners. Nothing contained on the website should be construed as granting any license or right of use any trademark displayed on the website without the express written permission of the relevant owner.

7. AnyWhere

Access and Content

7.1 AnyWhere is only available to Foxtel subscribers and subject to clause 7.13, any person that you authorize to act on your behalf in relation to your Foxtel account.

7.2 AnyWhere offers video on demand (VOD) content (VOD Content) that can be downloaded for viewing later or streamed to a Registered Personal Computer accessible only within Australia.

7.3 You will only have access to AnyWhere content which is available on the channels that form part of your FOXTEL TV subscription package provided to you by AUSTAR (unless Foxtel provides you with access to other channels at its discretion) and there will be no charge in addition to your subscription fees for downloading VOD Content (unless otherwise indicated at the point of accessing that VOD Content).

7.4 In order to view the VOD Content, you declare that you (and any person authorized to act on your behalf in relation to your Foxtel account) are over the age of 15 years in order to view the VOD Content. Access to VOD Content classified MA15+ or higher, will be restricted and you must provide a declaration that you are over 15 years of age. Where you allow children or young people to view the VOD Content, you are responsible for making sure that the VOD Content is suitable for them.

Download Player

7.5 In order to view any downloadable VOD Content, you will be required to download and install onto your Registered Personal Computer the Download Player which has been developed by a third party. The Download Player allows Foxtel to manage and deliver VOD Content to you via the AnyWhere service.

7.6 The Download Player contains software that consist of the following tools to enhance your use of AnyWhere and also to ensure that the VOD Content remains secure:

(a) File Management;

(b) Digital Rights Management (DRM);

(c) Graphic User Interface; and

(d) Automatic Updating.

7.7 You must not interfere with the proper functioning and operation of the DRM technology built into the Download Player.

7.8 Before installing the Download Player, you will also be required to agree to the specific terms and conditions set out by the third party developer of the Download Player. Foxtel provides the Download Player to you on an 'as is' basis and no warranties, express or implied are made by Foxtelregarding the Download Player.

7.9 Foxtel shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to or use of the Download Player.

Copyright and Use

7.10 When you use AnyWhere you are granted a non-exclusive, non-transferable, limited licence to download one (1) copy of the VOD Content onto the hard drive of two (2) Registered Personal Computers, for personal, non-commercial viewing once or repeatedly, and with the ability to 'play', 'pause' or 'skip' such viewing, within the Viewing Period only. Except for such licence, no right, title or interest in the VOD Content will be deemed transferred to you.

7.11 VOD Content will be available on the AnyWhere service for a period of between 7 and 30 days (Exhibition Period).

7.12 Once VOD Content has been downloaded to a Registered Personal Computer, you will have access to your VOD Content for a maximum of up to 14 days after download (Viewing Period), unless the end of Exhibition Period occurs before the end of the Viewing Period. In these circumstances, the Viewing Period will be only as long as the end of the Exhibition Period.

7.13 At launch, AnyWhere may be accessed by one user only. Foxtel may, in its discretion, review the number of users that can concurrently access AnyWhere at any time.

7.14 Foxtel may terminate your AnyWhere service for unfair and unreasonable use, including access to the service to persons who are not authorized to act on your behalf in relation to your account.

7.15 All copyright, trademarks and other intellectual property rights in all material or content as part of AnyWhere, including the VOD Content remains at all times vested in Foxtel or third party suppliers. You will not, and you will not assist or facilitate any third party to:

(a) copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content, including but not limited to any unauthorized peer to peer file-sharing and the facilitating of such activities through hosted websites or services; commitment

(b) engage in activities that infringe intellectual property rights owned or controlled by Foxtelor third party suppliers, including, without limitation, the unauthorized reproduction, making available, or distribution of material or content via unauthorized posting, streaming, making available, uploading or downloading; or

(c) facilitate such activities through subscriber hosted websites and services.

7.16 If you become aware of any such distribution or commercial exploitation, you agree to advise Foxtel immediately and to provide all reasonable assistance to Foxtel to stop and / or prevent such activity.

7.17 In using AnyWhere, you must not display or make the VOD Content available in any public place, resupply the VOD Content to any person or use the VOD Content for any commercial purpose.

Termination

7.18 Once your subscription to the Foxtel television service ceases, you will no longer have access to AnyWhere.

7.19 You may stop accessing AnyWhere at any time.

7.20 We may cancel your AnyWhere account immediately if you are in breach of these Terms of Use and we have notified you in writing of your breach and you have failed to remedy the breach within 14 days of our notice.

7.21 We may also cancel or suspend your AnyWhere account at any time if we give you reasonable prior notice (of at least 30 days).

8. Contact us

8.1 You can contact us by visiting our Contact Us page

9. Miscellaneous

9.1 These terms are governed by and construed in accordance with the laws of New South Wales, Australia.

9.2 If any provision of these terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

9.3 All rights not expressly granted herein are reserved.

10. Definitions

AnyWhere means is the video on demand download and streaming service utilising internet protocol that makes video content available to Foxtel subscribers.

FOXTEL Customer Agreement by AUSTAR means the terms and conditions governing your Foxtel subscription available at http://media.austar.com.au/DocumentFiles/customer_agreement.pdf

Content means any information, text, material, graphics, software and advertisements on the Website

Download Player means the Adobe AIR 2.0 application installed on the Registered Personal Computer to manage and view the VOD Content.

DRM technology means the digital rights management technology that is used when viewing downloaded VOD Content with the Download Player on the Registered Personal Computer.

My Account means the online service that enables an Foxtel account holder to view and make changes to their account and subscription.

Registered Personal Computermeans personal computer associated with an Foxtel account onto which a subscriber has downloaded the Download Player and which has been registered with AnyWhere by such subscriber's completion of the registration process.

Viewing Period means period during which the subscriber may view the VOD Content after the subscriber has downloaded the VOD Content as part of AnyWhere.

VOD Content means video on demand content made available by channel providers that form part of the Foxtel television service.

Website means http://www.foxtel.com.au or any other website which is used by Foxtel as the primary website relating to its subscription televisions service.

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