OFFICIAL WEBSITE TERMS AND CONDITIONS OF USE

Marvel Stadium’s official website (Website) is 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 Website is governed by the following terms and conditions (“Terms”). By accessing, viewing or otherwise using the Website, you (“You” or “Your”, as the context requires) agree to be bound by and comply with the Terms, the Online E-commerce Platform Terms and Conditions, our Privacy Policy, and any other conditions and policies advised by MSL from time to time (Agreement).

  1. You agree to comply with all rules, laws and regulations relating to Your use of the Website. Without limiting the above, You must not use or attempt to use the Website 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 Website, our systems, networks or equipment or those of another person; or (e) which does or attempts to manipulate or circumvent any limitations on the Website by any means.
  2. You may use the Website solely for Your own lawful, personal, non-commercial purposes. We do not recommend the Website for any particular purpose, product, platform, website, application, device or other use. Your access to and use of the Website 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, this Website.
  3. The Website 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 Website; (b) makes no guarantees that the Website content will be complete and current, or that access to the Website will be error free, uninterrupted, secure, virus-free or always available or available with any particular capacity; (c) makes no warranty that the Website will work on every computer, computer system or 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 Website. You must take Your own precautions to ensure that accessing the Website does 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 Website.
  5. You acknowledge that MSL owns, or is licensed or otherwise permitted to use, all intellectual property rights in the Website and its content, and all trademarks, icons, trade names, logos, images, devices, software, content and systems contained within the Website, 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. All trademarks, icons, trade names, logos, images, devices, software, content and systems displayed on, or subsisting in, the Website 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 this Website 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 Website or any part thereof.
  6. 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 Website in the course of using the Website, and intellectual property rights subsisting in the Data, for any purpose connected with MSL’s business or the operation of the Website, including without limitation for providing any services to You. You warrant that all Data provided by You to MSL through the Website 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 Data  that You upload, download or otherwise communicate through or in connection with Your use of the Website; 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 its Website to help track usage patterns in order to improve and manage the Website. 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 Website.
  8. By using or accessing the Website 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 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 Website or its 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 Website; and (c) to Your computer systems, 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 Website or breach of the Agreement, by You.
  11. MSL can suspend or disable the Website or Your access to the Website, or permanently cease operating the Website, 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. MSL may at any time and in its sole discretion alter or amend these Terms (including to reflect where features of Website 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 Website).  By continuing to use the Website You consent to amendments to these Terms and it is Your responsibility to regularly check these Terms for any amendments.
  13. If MSL does not enforce its rights under any of the provisions of these Terms, MSL may still require strict compliance in the future.
  14. 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
  15. 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.
  16. The Website may be accessed outside of Australia. We make no representations that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If You access the Website 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 Website.
  17. These Terms only govern Your access to and use of the Website. 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.
     

 

 

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