OFFICIAL TERMS AND CONDITIONS

Marvel Stadium’s official website and associated mobile application (as the context requires, the ‘Website’ or the ‘App,’ and together the ‘Platforms’) are managed and provided for or on behalf of Melbourne Stadiums Limited (ABN 37 098 476 594) as the owner and operator of Marvel Stadium (“MSL”, “we”, “our” and “us”, as the context requires). Your use of, and access to, the Platforms is governed by the following terms and conditions (“Terms”). By accessing, viewing or otherwise using the Platforms, you (“You” or “Your”, as the context requires) agree to be bound by and comply with the Terms, our Privacy Policy ( https://marvelstadium.com.au/privacy-policy/ ), and any other conditions and policies advised by MSL from time to time in connection the Platforms, or use any of features or functionality of the Platforms (Agreement).

1. You agree to comply with all rules, laws and regulations relating to Your use of the Platforms. Without limiting the above, You must not use or attempt to use the Platforms in any way: (a) that is unlawful or could cause MSL, its affiliates or its partners to be in breach of any law or incur liability to any person; (b) which is discriminatory, racist, harassing, threatening, abusive, offensive, obscene, defamatory, libellous, or hateful (including “trolling” type behaviour); (c) that may embarrass MSL, Marvel Stadium or MSL’s affiliates, partners and sponsors, or bring any of the same into ridicule or disrepute; (d) which could obstruct, interfere with or damage the Platforms, our systems, networks or equipment or those of another person, or allow the Platforms to be exploited by any third party; or (e) which does or attempts to manipulate or circumvent any limitations on the Platforms by any means.
2. You may use the Platforms solely for Your own lawful, personal, non-commercial purposes. We do not recommend the Platforms for any particular purpose, product, platform, website, application, device or other use. Your access to and use of the Platforms is entirely at Your own risk. You should obtain your own independent expert advice if You are considering relying on any information published on, or provided via, the Platforms.
3. The Platforms may contain links to third party sites as well as to images, text, graphics, videos and information belonging to or originating from a third party. The links are provided solely for Your convenience and MSL does not endorse or approve or represent the accuracy, completeness or suitability of such links. You access those third party sites and use the information, products and services made available at those third party sites at Your own risk.
4. Except to the extent required by law, MSL: (a) does not warrant the availability, suitability or fitness for purpose of the Platforms; (b) makes no guarantees that Platform content will be complete and current, or that access to the Platforms will be error free, uninterrupted, secure, virus-free or always available or available with any particular capacity; (c) makes no warranty that the Platforms will work on every computer, operating system or mobile device used by You; and (d) without limiting the foregoing, disclaims all responsibility for any third party materials, websites, content, data, information, programs or other material accessed by You in connection with Your use of the Platforms. You must take Your own precautions to ensure that accessing the Platforms do not expose You to the risk of viruses, malicious computer code or other forms of interference or damage which arises in connection with Your use of the Platforms.
5. You acknowledge that MSL owns, or is licensed or otherwise permitted to use, all intellectual property rights in the Platforms and its content, and all trademarks, icons, trade names, logos, images, devices, software, content and systems contained within the Platforms, and You must not dispute ownership of them or do any act, matter or thing which is inconsistent with or adverse to MSL’s rights. MSL grants you a non-transferable, non-exclusive licence to use the Platforms for individual use and not for use of any other person. All trademarks, icons, trade names, logos, images, devices, software, content and systems displayed on, or subsisting in, the Platforms may not be used without MSL’s express prior written consent and, except as permitted under the Copyright Act 1968 (Cth), no part of the content in the Platforms may be directly or indirectly used, copied, stored, published, reproduced or transmitted in any form or by any means (including, but not limited to electronic, mechanical, photocopying, or recording) except with our specific and prior written consent or that of the copyright owner. You acknowledge that any unauthorised use may violate applicable laws and our legal rights. Except as permitted by law, You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Platform or any part thereof.
6. Without limitation to clause 12, You grant MSL a worldwide, non-exclusive, perpetual, transferable, royalty free licence to make use of all data, materials, information or other content (Data) that You transmit, upload or input onto the Platforms in the course of using the Platforms, and intellectual property rights subsisting in the Data, for any purpose connected with MSL’s business or the operation of the Platforms, including without limitation for providing any services to You. You warrant that all Data provided by You to MSL through the Platforms is accurate and complete, and that You own or have the legal right to use and upload (as applicable) all such Data. You are solely responsible for: (a) any Datathat You upload, download or otherwise communicate through or in connection with Your use of the Platforms; and (b) where applicable, maintaining the security and confidentiality of all Your usernames, passwords and other security-based information.
7. MSL may use cookies on the Platforms to help track usage patterns in order to improve and manage the Platforms. Further details on how cookies are used can be found in the Marvel Stadium Privacy Policy.  If You disable cookies on Your browser or device, You may not be able to fully experience all features of the Platforms.
8. By using or accessing the Platform and by providing any of Your personal information to MSL, You confirm that You have read and agree to be bound by the Marvel Stadium Privacy Policy (available at https://marvelstadium.com.au/privacy-policy/), and You consent to the collection, use, storage and disclosure of Your personal information, including information collected in connection with use of the Marvel Stadium FanCam via the App, by MSL in accordance with the Marvel Stadium Privacy Policy and this clause 8.
9. To the fullest extent permitted by law, MSL, its affiliates, employees, agents, contractors or assigns are not liable for any loss or damage however caused in relation to Your use of or access to the Platforms or their content, including but not limited to, loss or damage: (a) arising from MSL’s negligence; (b) due to viruses downloaded or errors or failures of access to the Platforms, or unauthorized use or access to the Platforms by third parties (including unauthorized access to any personal information or User Content uploaded to the Marvel Stadium App using the Marvel Stadium FanCam; and (c) to Your computer systems, mobile devices, data, information, property or equipment. Without limitation, this clause applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that You or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information.
10. You agree to indemnify MSL, its affiliates, employees, agents, contractors and assigns from and against any and all loss, damage, expense, cost, liability, demand, action, or claim suffered or incurred by MSL as a result of or in connection with any negligent act or omission, use or misuse of the Platforms or breach of the Agreement, by You.
11. MSL can suspend or disable the Platforms or Your access to the Platforms, or permanently cease operating the Platforms, in its sole discretion, without notice, and without any liability to You. Termination of these Terms does not affect a party’s rights or obligations up to the effective date of termination.
12. The following terms apply specifically in connection with use of the Marvel Stadium FanCam, being a feature of the Marvel Stadium App which delivered on behalf of MSL by Brizi Inc (“Brizi”):
    1. You understand and agree that Marvel Stadium FanCam is intended for personal use only, and any invasion of privacy of other Marvel Stadium guests, patrons or attendees may result in a ban from use of the Marvel Stadium FanCam. You must only use the Marvel Stadium FanCam to view and photograph your own seating location and not those of others (except with consent of those persons). Non-compliance with this clause 12 will result in user access to the Marvel Stadium FanCam being revoked;
    2. All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) uploaded to the Marvel Stadium by you is your sole responsibility, and MSL shall not be liable in respect of any such material uploaded, transmitted or otherwise made available by using the Marvel Stadium FanCam, including photos taken through the Marvel Stadium FanCam and shared via the Marvel Stadium App. You are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User Content. Under no circumstances will MSL be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available via the Marvel Stadium FanCam
    3. You are responsible for all activity and User Content published on the Marvel Stadium app using the Marvel Stadium Fan Cam, and you agree you will not:
       1. use the Marvel Stadium FanCam to upload, collect, transmit, store, use or process any content, information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal information and/or any other personal information contained therein; (iii) that is unlawful, threatening, tortious, defamatory, obscene, pornographic, or offensive; or (iv) that breaches, or encourages or facilitates breach of any laws.
       2. use the Marvel Stadium FanCam to send, store, publish, post, upload or otherwise transmit any information in breach of any laws (including privacy laws), or otherwise in breach of these terms and conditions, including the Marvel Stadium Privacy Policy
    4. MSL and Brizi do not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the Marvel Stadium FanCam by You through the Marvel Stadium App.  You hereby grant to MSL and Brizi a limited license to collect and store User Content for the purpose of operating the Marvel Stadium FanCam as well as promoting the Marvel Stadium App, as well as any MSL partners or sponsors.  You further grant MSL and Brizi a perpetual, irrevocable, and unlimited licence to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect of the Marvel Stadium FanCam, in accordance with MSL’s Privacy Policy.

13. MSL may at any time and in its sole discretion alter or amend these Terms (including to reflect where features of Platforms are revised, updated, or otherwise altered). Any changes contemplated by this clause will be made available in a form determined by MSL (which may include publication on the Platforms).By continuing to use the Platforms You consent to amendments to these Terms and it is Your responsibility to regularly check these Terms for any amendments.
14. If MSL does not enforce its rights under any of the provisions of these Terms, MSL may still require strict compliance in the future.
15. If all or part of any one or more provisions of these Terms are judged void, invalid or unenforceable in all the circumstances, that portion will be severed to the minimum extent required and will not affect the validity or enforceability of the remaining provisions
16. These Terms are governed by and construed in accordance with the laws of Victoria, Australia and the parties hereby agree to submit to the non-exclusive jurisdiction of the Victorian courts.
17. The Platforms may be accessed outside of Australia. We make no representations that the Platforms complies with the laws (including intellectual property laws) of any country outside Australia. If You access the Platforms from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Platforms.
18. These Terms only govern Your access to and use of the Platforms. If You acquire our products or services or enter into any transaction, or have any other dealings with MSL, then such acquisition, transaction or other dealings will be governed by the terms of any separate agreement between You and MSL.