• Big Brother Web Site Terms of Use
• Big Brother "VIP Lounge" Terms Of Use
• Big Brother 2008 Voting - General Terms and Conditions
BIG BROTHER WEB SITE TERMS OF USE
The Big Brother web site located at http://www.bigbrother.com.au/ ('the Web Site') is operated by Network Ten Pty Limited (ACN 052 515 250 ABN 91 052 515 250) ('TEN') under licence from Endemol Southern Star Pty Limited ACN 094 477 139 (‘Licensor’). These Terms of Use are the terms and conditions of an agreement between the person accessing and/or using the Web Site ('You') and TEN. You acknowledge that TEN enters this agreement for the benefit of the Licensor and that all rights and benefits of TEN under these Terms of Use are also conferred upon the Licensor.
1. Terms
Your access to and use of the Web Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in these Terms of Use and anywhere else in the Web Site ('the Terms'). By accessing and/or using the Web Site you indicate your acceptance of the Terms. You acknowledge that TEN reserves the right to change the Terms at any time, and your continued access/use of the Web Site after such change constitutes acceptance of the changes by you. You should check the Terms from time to time for that reason.
2. Disclaimer
Except where expressly stated, TEN makes no representations about the content and suitability for any purpose of the information contained in the Web Site. It is provided 'as is' without express or implied warranty of any kind.
Other than warranties and conditions implied by relevant legislation including the Trade Practices Act 1974, the exclusion of which from an agreement would contravene that statute or cause part or all of this clause to be void ('Non-excludable Condition'), TEN excludes all terms, conditions and warranties in relation to all services, information and other material provided, or intended to be provided, through the Web Site.
If TEN is liable to you arising from a breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974), TEN limits its liability to you for that breach, at TEN's option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. Other than liability for any Non-excludable Condition, TEN excludes all liability for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, statute or otherwise arising out of or in connection with access to or use of the Web Site or the use or performance of information contained in it.
Neither TEN nor any of its employees, agents or third party content providers or licensors warrants that the Web Site will be uninterrupted or error-free.
There may be occasions where certain areas of the Web Site contain adult or mature content. In those circumstances, you must be at least 18 years of age to access and view such areas. By clicking "I Accept" (or providing other appropriate form of acknowledgement as required) where indicated before entering certain parts of the Web Site you certify that you are 18 years of age or older.
3. Indemnity
TEN accepts no responsibility for your actions or omissions, and You agree by accessing and/or using the Web Site, to indemnify and hold harmless TEN and its related bodies corporate and its and their employees, officers, agents, licensors and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against TEN by any person arising from or in consequence of such an actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by TEN as a direct or indirect consequence thereof, including in relation to any content or material you contribute to or post on the Web Site (including but not limited to blogs, chat rooms or forums and any video, audio, stills or other media files and material You access or post via the Web Site).
You agree that TEN and its agents, licensors and contractors may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in relation to the Web Site, including providing any and all information about held by TEN, including your personal or other details, to those authorities and law enforcement agencies.
4. Intellectual Property Rights
All content and functionality, including all information, text, images (moving and still), graphics, sound, stories, competitions, software and advertisements contained in the Web Site ('material') are protected by International and Australian law, including Copyright and Trademark Law, and all rights are reserved. Except where expressly stated all material on the Web Site is presented for your information and entertainment only, and you are not permitted to download or reproduce any material except when reasonably necessary to access and/or use the Web Site. When you access the Web Site, you agree that you do so on the following conditions:
4.1 Except as noted above, you may access, use, retrieve, review or download the material for your personal information and entertainment only.
4.2 You may save a local copy of or print material from the Web Site for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for any use and all commercial use or exploitation of any material on the Web Site is expressly prohibited.
4.3 Any copyright notice or mark appearing on any material on the Web Site must be included on any copy you make.
4.4 You must keep all material intact and in the same form as presented on the Web Site; you may not modify it without the express permission of TEN.
4.5 You must not reproduce, republish or otherwise make available any material from the Web Site on the Internet or any means including by other publicly accessible media (eg, newspaper, television or radio) without the specific written consent of TEN.
4.6 You must not use the Web Site or any of the material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of TEN or any other owner of any rights in the material contained in the Web Site.
These Terms replace entirely any implied licence terms that might otherwise apply to the material on this Web Site. TEN explicitly prohibits use of the material on this Web Site in any manner other than as expressly licensed in these Terms. Activities you must not engage in include:
4.7 making a copy, modification, adaptation or reselling or redistributing any material on this Web Site;
4.8 any commercial use of material on this Web Site, unless such use is authorised in writing by TEN;
4.9 any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Web Site;
4.10 any use of or access to the Web Site by any automatic tool, including 'spiders', 'crawlers', 'robots' or offline browsing tools; or
4.11 any access or use of the Web Site by any means that is contrary to the commercial interests of TEN (eg, to facilitate a means of encouraging users of the Web Site to use another website offering services similar to those on the Web Site).
5. Trademarks
The TEN logo and trade marks are registered trademarks of Network Ten Pty Limited and may not be used without the prior specific and written permission of TEN. No other trademark appearing in the Web Site may be used without the prior specific and written permission of the trademark owner including the “Big Brother” trade mark and logo controlled and licensed by the Licensor.
6. Registration
6.1 You agree to provide true and accurate information about yourself as prompted by the registration form ('Registration Information') and promptly update any such Registration Information. When you register, you must provide your real name and any other such details as requested on the registration form. If you provide any information that is untrue, inaccurate or inappropriate or TEN has reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate, TEN has the right to suspend, terminate, lock or delete your membership registration.
6.2 You are responsible for maintaining the confidentiality of your password. You agree to immediately notify TEN of any unauthorised use of your password or any other breach of security.
6.3 TEN may refuse your registration request for any reason, including if you attempt to associate the same email address with more than one membership (irrespective of whether an existing membership is inactive or has been deleted, locked or suspended).
7. Comments box and other interactive facilities
The Web Site may contain interactive facilities which provide for interaction between You , other users and, TEN and its agents and the Licensor by means of electronic bulletin boards, chat rooms, forums, Instant Messaging, MBloging and other electronic messaging and notice services (‘Interactive Facilities’). In relation to your use of or participation in any Interactive Facility you agree that:
7.1 You are legally responsible for all content you submit to the Web Site;
7.2 All content and material published on the Web Site is at TEN's sole discretion. TEN reserves the right to refuse access to any person or edit or delete material posted by any person for any reason without notice;
7.3 TEN may in its absolute discretion remove, alter or block any material submitted to the Web Site by you, and TEN may terminate, suspend or restrict your access or use of part or all of the Web Site;
7.4 Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
7.5 You will not:
(a) Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encourage any other person to do so.
(b) Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, performance, moral or copyright unless you have first obtained the express permission of the relevant right holder;
(c) Post or transmit any material that is false or misleading;
(d) Post or transmit any material that is inappropriate or of nuisance value;
(e) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus;
(f) Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so (including the posting or transmission of advertising or promotional material), except for legitimate e-commerce functions to be performed by registered users;
(g) Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Web Site or posted or transmitted on any interactive facility;
(h) Download or post any material, which you know or ought to know cannot be legally distributed;
(i) Post or transmit any material on behalf of a suspended member. If this occurs, TEN reserves the right to lock, suspend or terminate your membership;
(j) Do anything to restrict, inhibit or prevent any other person from using and enjoying the Web Site including its interactive facilities;
7.6 Notwithstanding its right to supervise or actual supervision of interactivity, TEN and its agents, contractors and licensors have no obligation whatsoever to monitor interactivity or supervise interactivity in any way and accepts no responsibility or liability for any contents therein including, but not limited to, responsibility for any defamatory material or for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted or transmitted via the Web Site;
7.7 When using the Web Site and Interactive Facilities you may choose to participate in interactive games and activities (such as identifying suggested tasks for Housemates) or place media files, including videos, audio and stills, information or other material on the Web Site. You:
(a) warrant that you are the owner of, or are licensed to use, all intellectual property rights in, and that no third party intellectual property rights will be infringed by, any material placed by you on the Web Site;
(b) grant to TEN and to the Licensor, a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any material in any way in any media placed by you on the Web Site. Your licence will be by reference to the material placed by you on the Web Site;
(c) You consent to TEN and the Licensor doing all things to any material you place on the Web Site, including reproducing, transmitting, publishing, modifying or altering such material, and without attribution of authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material;
(d) At the request and expense of TEN you agree to do all things necessary or desirable, including executing other documents, to give effect to these Terms, eg signing all documents in relation to intellectual property rights and moral rights.
7.8 You consent to your personal information being used and/or disclosed for any reasons given to you by TEN in relation to the collection or use and disclosure of your personal information. For example, you consent to TEN using and disclosing your personal information for the purposes of sending marketing or other promotional material to you. Notices that may be sent to you include emails that confirm your registration with the Web Site, as well as any other notice related to TEN's operation of the Web Site.
8. Dealings with Third Parties
Any dealings between you and third party advertisers, sponsors and promoters on or linked to the Web Site such as participation in promotions of advertisers and their relevant terms, conditions, warranties or representations, are solely between you and such third party and you agree that TEN is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as the result of the presence of the third parties on the Web Site.
9. Hotlinks
The Web Site may contain hyperlinks to Internet web sites operated by third parties (eg associates and affiliates of TEN). TEN is not responsible for the contents of any linked web site (including any goods or services offered or supplied through such a web site) or any hyperlink contained in the linked web site. The inclusion of any link does not imply any endorsement of the linked web site by TEN. Any link within the Web Site, which takes you to a third-party web site is clicked on entirely at your own risk. TEN does not endorse or in any way adopt representations made by advertisers on the Web Site or any linked web site, nor are any offers made by such advertisers or web site operators also made by TEN.
10. Termination
You agree that TEN may in its absolute discretion terminate or suspend your password or registration, remove, alter, block or suspend any content on, or that you submit to, the Web Site, for any reason with or without notice. TEN will not be liable to you or any third party for any such action, including termination of your registration.
11. Notices
Notices to you may be made by various means, including either by email, regular mail or by displaying notices or links to notices on the Web Site.
12. Comments and Complaints
TEN has a variety of complaint handling mechanisms. Details about how to lodge a complaint can be found at Contact Us.
13. Governing Law
The Terms constitute the entire agreement between you and TEN and will be governed by the Laws of New South Wales, Australia. If any provision of the Terms are found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
14. Privacy Policy
Personally identifiable information may be gathered from Web Site registration, contest registration, content submissions, community postings, suggestions, voting activities and transactional areas. Such information is subject to TEN's Privacy Policy. For more information, please see our full Privacy Policy. In general, your information will not be sold or otherwise transferred to third parties not associated or affiliated with TEN without your approval being obtained. By providing information in such a manner you agree that it may be used for the purposes for which it is sought (for example, for the delivery of e-mail services or e-commerce transactions). You consent to TEN forwarding personally identifiable information that is gathered to research agencies for the purposes of conducting surveys on TEN's behalf.
BIG BROTHER "VIP LOUNGE" TERMS OF USE
The Big Brother “VIP Lounge” is a premium service operated by TEN.
VIP content is classified MA 15+ and is considered unsuitable for persons under 15 years of age.
Content may include:
- Sexual References
- Strong Coarse Language
- Nudity
- Drug References
- Strong Themes
To see how a parent or guardian may control access to MA15+ content by persons under 15 years of age, click here.
VIP content can only be accessed by the username and password a user signs up with.
In addition to the general Terms of Use above, your use of, and/or access to, Big Brother VIP, constitutes your agreement to the following:
a. You are over 18 years of age and have the legal power to enter into this agreement.
b. All Big Brother VIP content displayed on your computer will at all times be under the control of a person who is over 18 years of age.
c. Big Brother VIP is not suitable for users with a dial-up internet connection and refunds will not be given to users with a dial-up internet connection who purchase a VIP membership and are then unhappy with the quality of the service.
d. Refunds will not be given on the basis of insufficient or incorrect internet connection, computer set-up or software or if your internet connection, computer or software fails or ceases to function at any time after making your purchase or if you are unhappy with the quality of the service based on your broadband connection. TEN takes no responsibility for any connection issues (limits, blocks etc) related to your ISP (internet service provider) or any other service provider in the chain between the server delivering the VIP Content and the end user and refunds will not be granted on this basis. If you have issues relating to your ISP or other service provider, it is your responsibility to contact that provider to resolve the issues.
e. The Season Pass price for initial subscribers to Big Brother VIP will be $33.00 inclusive of GST. The Season Pass purchase price may decrease over the course of Big Brother 8 so that later subscribers may pay less for the Season Pass. No refunds will be given for earlier purchase should the price of the Season Pass decrease over time.
f. A Season Pass gives you BB VIP membership from the time that your payment is accepted until the end of the Big Brother VIP services for Big Brother 8 unless earlier terminated in accordance with the Terms of Use;
g. A 14 day pass gives you BB VIP membership from the time that your payment is accepted until the earlier of:
i. 337 (14 x 24) hours after the time of obtaining the pass;
ii. the end of the Big Brother VIP service for Big Brother 8;
iii. termination in accordance with the Terms of Use.
Note: Users may purchase additional 14 day passes, subject to the above terms.
h. If you have an active 14 day pass and you decide to purchase a Season Pass, you will not be entitled to any reimbursement or discount relating the time remaining on your 14 day pass, although a special upgrade price for the Season Pass may be available. If you buy a 14 day pass and there are less than 14 days remaining until the end of the Big Brother VIP service for Big Brother 8, there will be no discount to the price of the 14 day pass.
i. If the Big Brother VIP service is suspended by TEN for one or more days, and you have purchased a 14 day pass, your membership will be extended for the whole days for which the service was suspended. TEN will endeavour to ensure that the Big Brother VIP service is available continuously throughout the duration of Big Brother 8, but cannot guarantee that the Big Brother VIP Content will be available all the time. No refunds will be given for any downtime or non-availability of the Big Brother VIP Service.
j. All costs stated are separate from any data transfer fees use and any other fees related to your use of the Big Brother VIP service which may be charged to you by your ISP. Please refer to the terms of your ISP agreement.
k. TEN does not make any representation as to the quantity of Big Brother VIP content that will be available at any time.
l. You must not:
iv. display or make the Big Brother VIP content available in any public place;
v. resupply the Big Brother VIP content to any person;
vi. transfer the Big Brother VIP content from your personal computer to any other device;
vii. copy the Big Brother VIP content, or in any other way breach the copyrights in the Big Brother VIP content;
viii. share your membership details with anyone or otherwise permit or assist other users in accessing VIP content using your membership;
ix. circumvent, attempt to circumvent, share details regarding ways to circumvent or encourage others to circumvent the access controls for live and/or on-demand streaming connected to the Big Brother VIP content.
If you do, we reserve the right to block your account.
m. The user is referred to the general Terms of Use, above, all of which apply to Big Brother VIP.
n. No telephone-based customer support will be available for Big Brother VIP. Email-based customer support will be available to answer customer queries.
o. TEN is not under any obligation to provide refunds to VIP customers if you simply change your mind or are unhappy with the product.
p. The live stream will begin broadcast 29th April 2008. Members signing up to the 14 day pass before or on the 29th April will receive 14 days of VIP membership from the 12.01am 30th April 2008.
Please contact us for any further information about the Terms of Use.
BIG BROTHER 2008 VOTING TERMS AND CONDITIONS
Big Brother voting is the process of registering a vote for the Housemate you would like to be evicted from the Big Brother house. Eligible votes are to be registered either via SMS to 19 10 10 or by calling a 1902 number as advertised.
Use of, and/or access to the SMS or 1902 voting services constitutes the voter’s agreement to the Voting Terms and Conditions. Network TEN and Endemol Southern Star reserve the right to amend the Voting Terms and Conditions at any time. The Voting Terms and Conditions are available on the Big Brother website www.bigbrother.com.au
General Terms and Conditions
1. Big Brother SMS Voting is open to all mobile subscribers (users) who are connected to the Telstra, Vodafone, Optus, Virgin, and 3 mobile digital networks with SMS compatible mobile phones in Australia only. Pre-paid mobile subscribers will need to ensure that they i) have sufficient credit prior to voting and ii) that the mobile plan of their choice provides access to Premium SMS services on the ‘19X’ telephone prefix. Post paid subscribers will need to ensure that they have access to Premium 19X services.
2. Big Brother fixed-line 1902 voting is open to users who have access to InfoCall™ Premium rate services in Australia.
3. Unless otherwise stated, all timing references are based on Australian Eastern Standard Time.
4. To cast an SMS vote using the Big Brother SMS Voting Service, viewers must send an SMS text message from their mobile phone handset, containing the first name of the housemate they would like to evict to 19 10 10.
5. Users of the Big Brother SMS Voting Service will receive a reply SMS message for the first vote registered from a mobile handset’s unique phone number (MSISDN) as of 7:30pm (AEST) of the voting week commencing Sunday 4 May 2008. Each subsequent vote sent from the same handset’s phone number thereafter, will not be subject to an automatic reply SMS message. All reply messages will be sent within accordance of Australian legislation. Network TEN and Endemol Southern Star reserves the right to alter the time periods that any unique reply SMS message is sent. This may include generating replies outside of Big Brother specific programs to avoid network congestion. All reply messages may contain links and/or information which may contain marketing information. Network TEN and Fremantle Media reserves the right to alter the time periods that any unique reply SMS message is sent. This may include generating replies outside of Big Brother specific programs to avoid network congestion.
6. To cast a fixed-line 1902 Telephone vote to evict a housemate, using the Big Brother 1902 Voting Service, viewers must dial the 1902 number that corresponds with the housemate they would like to vote for.
7. Upon registering a vote using the Big Brother 1902 voting service, users will hear a recorded message on the telephone line, confirming receipt of their vote to evict the nominated housemate.
8. Users must ensure that all care is taken when dialling or sending messages to both the SMS and 1902 voting services. It is the user’s responsibility to ensure that they dial or SMS the correct number and provides the correct information required to register a valid vote. Network TEN, Endemol Southern Star and the voting service provider, belong, will not be liable for costs incurred, responses received or any other consequences of user error.
9. The 2008 Big Brother voting service will be available from May 4 2008 at a date and time of the producers choosing thereafter and will continue until the date and time notified to viewers as part of the broadcast of the 2008 Big Brother series.
10. The opening and closing times of the weekly Big Brother SMS Voting Service may not be the same as that applicable to the fixed-line (1902) Voting Service. Under no circumstance will Endemol Southern Star, Network TEN or belong accept any responsibility or liability for costs incurred or any other consequence as a result of a viewer submitting a vote prior to or after the voting lines have been announced or advertised on-screen as opened and/or closed. This also includes, and is not limited to errors made as a result of time differences between time zones in Australia. Network TEN and Endemol Southern Star reserve the right to amend the voting times at any stage as a result of Network broadcasting time changes affecting the Big Brother program.
11. Network TEN and Endemol Southern Star reserve the right to keep all voting tallies confidential. No results other than what is required for the purpose of the format of the program will be released to the public.
12. Votes registered using the Big Brother fixed-line 1902 Voting service, will be charged at $0.55 (including GST), calls made from mobile phones may attract a higher rate. Network TEN and Endemol Southern Star suggest that permission of the fixed-line or mobile phone account holder must be obtained prior to the vote being made.
13. Votes registered using the Big Brother SMS voting service, will be charged at $0.55 (including GST). Pre-paid customers must ensure they have enough credit to cover the cost of each vote registered; only fully paid votes will be deemed valid and counted toward the final tally. Network TEN and Endemol Southern Star suggest that permission of the mobile phone account holder must be obtained prior to votes being made.
14. Close of voting will be based on the advertised AEST and no correspondence will be entered into in relation to late votes.
15. Any SMS votes received after the specified voting period has closed will not be included in the vote tally. Any Vote submitted after the SMS voting period closes will be charged at $0.55 (including GST).
16. Any 1902 votes registered after the specified voting period has closed will not be included in the vote tally. Any Vote submitted after the 1902 voting period closes will be charged at $0.55 (including GST).
17. Under no circumstances (including but not limited to any act or omission on the part of Network TEN, Endemol Southern Star and belong) will Network TEN, Endemol Southern Star or belong be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access the SMS or 1902 voting services.
18. Except as provided for by the Non-excludable Rights: a) all content for voting Services are provided "as is" and without warranties of any kind, either express or implied, b) Participating mobile telephone carriers and their suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Neither your mobile telephone carrier nor Endemol Southern Star, Network TEN or the voting service provider, belong, warrants that access to both the SMS and fixed-line 1902 voting Services will be available, uninterrupted, free from delay or error-free or that any defects will be corrected.
19. In order to cast a valid SMS vote, entrants must submit their entry via a mobile phone with a reply path. The SMS message must have passed through a Telecommunications carrier’s network to the Belong database. Automated votes submitted via computer modems, programs or any other means other than a mobile phone as specified above will be deemed invalid. Network TEN and Endemol Southern Star reserves the right in its sole discretion to disqualify any individual who tampers with the voting process which as a result corrupt or affect the administration security, fairness, integrity or proper conduct of the voting process. The Producers decision in this matter is final and no correspondence will be entered into.
20. The charges for all SMS and fixed-line 1902 voting Services will appear on a subscriber’s next mobile and/or home telephone bill. All queries relating to mobile and/or home telephone bills should be directed to the mobile or fixed-line telephone carrier.
21. All information, text, audio, material, graphics, software and advertisements contained in or forming the Voting Services ("Content") are the property of Endemol Southern Star and Network TEN, its suppliers and/or licensors (including your telephone carrier) unless expressly indicated otherwise. The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorised in writing by Endemol Southern Star and Network TEN.
22. SMS is not a guaranteed delivery communication tool. Endemol Southern Star, Network TEN and belong cannot accept responsibility for any SMS messages not received, any SMS inadvertent reply message or for any delay in the delivery of any SMS message due to technical disruptions, network congestion, network failures or for any other reason. A vote is validated and included in the tally following delivery into the Belong voting database from the Carriers.
