Terms and Conditions
Part 1 – General
In these terms and conditions:
Content means any digital material including (without limitation) text, photographs, images, film, graphics and music.
Foxtel, We or Us means Foxtel Management Pty Ltd ABN 65 068 671 938 of 5 Thomas Holt Drive, North Ryde, New South Wales, Australia, on behalf of the Foxtel Partnership.
Foxtel Group means Foxtel, any Subsidiary of Foxtel, the Foxtel Television Partnership, the Foxtel Partnership, Customer Services Pty Limited (ACN 069 272 117) and Foxtel Cable Television Pty Limited (ACN 069 008 797).
Site means the The History Channel website located at www.thehistorychannel.com.au
Subsidiary has the meaning given by the Corporations Act 2001 (Cth).
You means a user of the Site.
(a) The Site is operated by Foxtel.
3. Restricted Use
(a) Content displayed on the Site may offend some viewers and may not be appropriate for persons under the age of 18.
(b) With the exception of Content that is posted by a user, We own or license copyright in the Site and all Content displayed on the Site. You must not use, download, copy, adapt, modify, publish, create derivative works from, communicate or reproduce any part of the Site without Our prior written permission.
(c) You are provided with access to this Site only for Your personal use.
4. Use of the Site
(a) You will not use any part of the Site in any manner that is illegal. We reserve the right to refer any suspected illegal or criminal activity to relevant enforcement agencies.
(b) Access to certain areas of the Site may be restricted to Users who have registered an account with Us. You will not attempt to gain unauthorised access to a restricted area of the Site or use another person’s name, registration account or password.
5. Our Site
(a) The Site is displayed and distributed on an "as is" basis. We do not promise the Site will be uninterrupted, virus-free or error-free. There may be delays, omissions, and interruptions in the availability of the Site or any part of the Site.
(b) We do not provide any promises of any kind (whether express or implied) in relation to the operation, the quality or the accuracy of the Site or any part of the Site, other than as required by law.
(c) From time-to-time, we may modify or take down the Site or any part of the Site.
(d) Your use of the Site, and any part of the Site, is at your own risk. You should make your own inquiries and seek advice prior to relying on any information provided on the Site.
(e) Parts of the Site may contain material provided by third parties over which Foxtel will have no control.
6. Linked Sites
(a) The Site may contain links to other web sites or social media services. These links are provided for convenience only. While we will endeavour to keep these links up-to-date, they may not always be current.
(c) Unless the contrary intention appears on the Site, You should not assume that We endorse, approve of or recommend the linked website or its owners or operators.
(a) We are not responsible or liable for any loss or damage incurred by You in connection with your use of the Site, other than as required by law.
(b) Where liability cannot be excluded, our liability to You is limited to supplying the services again or paying the cost of having the services supplied again.
9. Strobing Content
(a) Some content on the Site may contain repetitive strobe flashing. Viewers should exercise care when viewing if they suffer from epilepsy or similar conditions and should be aware of the following measures for reducing the effects of a photosensitive trigger:
i. using a flatscreen monitor;
ii. sit well back from the screen and take regular breaks;
iii. watch TV/use screens only in a well-lit room; and
iv. remove 3D glasses before switching channels or looking at another screen.
(b) People with photosensitive epilepsy may be at increased risk of a seizure if they are tired, intoxicated or play videogames for too long without a break. Further information on photosensitive epilepsy can be found at <http://www.epilepsy.org.au/about-epilepsy/understanding-epilepsy/photosensitive-epilepsy>.