Terms of Use

These are the legal terms ("Terms of Use") that apply when you use the Nickelodeon or Nick Jr website in Australia or New Zealand ("the Nick Websites"). These Terms of Use should be read in conjunction with the Nick Privacy Policy and Privacy Collection Statement.

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE SITE.

The Nick Websites are controlled and operated by Nickelodeon Australia Management Pty Ltd ("Nick Australia") whose registered office is 5 Thomas Holt Drive, North Ryde NSW 2113 Australia.

Nick Australia can be contacted by email at feedback@nickaus.com.au and you can find further contact details on the Nick Contact Page.

Access to the Nick Websites
1. By accessing and using the Nickelodeon Websites you agree to be bound by these Terms of Use. If you do not agree with all of the Terms of Use, please do not use the Nick Websites.
2. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately once posted on the Nick Websites. We recommend that you review the Terms of Use from time to time as your continued use of the Nick Websites, following the posting of changes, will mean you accept any revised Terms of Use.
3. The Nick Websites are aimed at, and should only be accessed if you are in, Australia or New Zealand. It's not intended to be used if you access it from anywhere else.
4. The Nick Websites are for your personal use only in accordance with the Terms of Use. You cannot use them for any commercial purposes at all.
Ownership of Intellectual Property Rights
1. For the purposes of these Terms of Use, "Intellectual Property Rights" shall mean all patents, trade marks, service marks, copyright, database right, service marks, trade names, design rights, know-how, confidential information as well as the "look-and feel" of the Nick Websites and similar proprietary rights worldwide whether registered or unregistered.
2. All rights, title and interest in Intellectual Property Rights in the Nick Websites including without limitation games, ringtones, data, software, design, text, images, photographs, illustrations, audio-clips, video-clips, screen savers, artwork, graphic material or other elements (the "Material") are the property of Nick Australia and/or its associated companies, and/or its licensors and/or other respective owners and are protected under Australian, New Zealand and other international Intellectual Property Rights laws.
3. If you use any Material you must maintain all copyright and other Intellectual Property Rights notices contained in such Material.
4. You agree not to copy, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-licence or circulate any Material and/or part of or all of the Nick Websites to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Nick Australia. Use of Nick Australia and/or its licensors' Material is only permitted with express prior written permission of Nick Australia.
5. You agree not to disassemble, decompile, reverse engineer or otherwise modify the Material or the Nick Websites in any way.
Postings & Submissions
1. Where Nick Australia provides areas of the Nick Websites to allow users to post and exchange information, ideas and opinions ("Postings"), or other material including without limitation text, images, designs, audio and/or video clips ("Submissions"), the Postings and/or Submissions are the views and opinions of you and other contributors to the Nick Websites. In no event shall Nick Australia assume any responsibility or liability for any Postings or Submissions nor shall Nick Australia represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Postings or Submissions nor shall Nick Australia be liable for any loss or damages resulting from their use and/or appearance on the Nick Websites.
2. In consideration of using the Nick Websites you grant Nick Australia and its associated companies a free of charge, perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, as they in their discretion see fit, any information (in addition to Postings and Submissions) submitted by you to the Nick Websites (whether at the invitation of Nick Australia or on an unsolicited basis). Such use may include, but is not limited to reproducing, editing, licensing, copying, adapting, transmitting, broadcasting, publishing or deleting.
3. You undertake, represent and warrant to Nick Australia that any Posting or Submission is original to you and does not infringe any rights of any third party. You also agree to consent to any act that but for this consent would be an infringement of any moral rights you may hold in any such Posting or Submission, and to assign any copyright, performance rights all other rights, titles and interests in any such Posting or Submission in relation to its use by Nick Australia (and this assignment shall operate to the extent necessary as a present assignment of future rights). You further agree to offer all reasonable assistance to Nick Australia, and to execute all documents necessary, to effect any such assignment.
4. Nick Australia will make every effort to ensure that the Nick Websites best serve your interests and those of all users and, therefore, Nick Australia will have the right to monitor, remove, suspend, destroy, use and change any Posting and/or Submission in any manner that Nick Australia thinks necessary at any time.
5. You agree that you will not use any Posting or Submission or any part of the Nick Websites to:
  1. collect, store and/or identify private or personal information of any user;
  2. facilitate personal attacks on other individuals;
  3. upload, post or e-mail any content or other information that Nick Australia deems in its sole discretion inappropriate for the Nick Websites;
  4. harm children in any way including, without limitation, in relation to grooming children online under Australian or New Zealand law;
  5. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
  6. bully, stalk or otherwise harass any other user of the Nick Websites;
  7. upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  8. upload, post or e-mail any content that infringes any Intellectual Property Rights or other third party rights of any party;
  9. upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters' or any other form of solicitation;
  10. upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Nick Websites;
  11. disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  12. promote and/or generate revenue for yourself and/or any third party business activity; and/or
  13. violate any applicable local or international laws or regulations.
Competitions and Other Activities
Nick Australia provides additional terms and conditions for certain activities on the Nick Websites, including for competitions, provided by Nick Australia and/or other third parties. These Terms of Use are incorporated into those specific terms and conditions provided in respect of a particular activity. In the event of any conflict, the specific terms and conditions provided for the activity you have chosen will take precedence.
NEWSLETTERS
1. By subscribing to any newsletter operated by Nickelodeon you agree to receive regular communications from Nickelodeon. You acknowledge that these communications may from time to time include promotional elements from third party sponsors, which may click through to sites that are not owned or operated by Nickelodeon, and you further acknowledge that Nickelodeon is not responsible for the content made available on such sites.
2. To unsubscribe from a newsletter or other email distribution click on the relevant link on the newsletter/other email (which can normally be found at the bottom of the communication). To amend any information, please contact feedback@nickaus.com.au .
Disclaimer and Limitation of Liability
1. The Nick Websites and all Materials contained in it are provided solely for entertainment and promotional purposes.
2. The Nick Websites and all Materials contained in it are distributed and transmitted by Nick Australia on an "as is" and "as available" basis. Except to the extent required by law, Nick Australia
  1. disclaims any and all express or implied representations, warranties and/or conditions of any kind, including, but not limited to the implied conditions and/or warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and/or accuracy;
  2. is not responsible or liable for any infection or contamination of your system arising out of or in connection with your use of the Nick Websites or any connected website and does not warrant that the Nick Websites, the server(s) that make the Nick Websites available or any connected website are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;
  3. is not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Nick Websites or any connected website or with respect to the Material, Postings or submissions contained on the Nick Websites; and
  4. does not warrant that the Nick Websites or any connected website, any materials, third party content, goods and services offered will be uninterrupted or error free.
3. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material and use of and access to the Nick Websites or any connected website rests with you.
4. To the fullest extent permissible by law, and except in the case of fraud and/or negligence resulting in death or personal injury, Nick Australia will not be liable for any loss or damage and/or claims of any kind arising out of or in connection with the Nick Websites and/or Postings and/or Submissions and/or Materials and/or any connected website including, without limitation:
  1. indirect or consequential loss;
  2. loss of profits or revenue or savings or other economic loss;
  3. incidental, direct, or special loss or similar damages;
  4. loss of or damage to data;
  5. loss of business or goodwill; and/or
  6. wasted or lost management time, even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable.
5. Notwithstanding the foregoing, in no event shall Nick Australia's liability to you for any and all losses or damages (whether in contract, tort, breach of statutory duty or otherwise) exceed the amount paid by you, if any, for accessing the Nick Websites.
Indemnity
You agree to fully indemnify, defend and hold harmless Nick Australia from and against all loss and damages including reasonable legal fees, resulting from any breach of these Terms of Use by you. Nick Australia reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to full indemnity by you, in which event you agree to fully co-operate with Nick Australia in defending any action or potential action.
Third Party Hyperlinks
1. The Nick Websites may contain links to other websites ("Hyperlinked Sites") and these are provided for convenience only. Nick Australia does not endorse the opinions or views found in any Hyperlinked Sites. Nick Australia does not verify, endorse or take responsibility for the accuracy, completeness or quality of any content contained on these Hyperlinked Sites.
2. Furthermore, Nick Australia is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such Hyperlinked Sites. As such, neither Nick Australia nor its associated companies will be responsible for content provided on any Hyperlinked Site.
Advertising / Microsites
1. Nick Australia has strict advertising standards and practices in place to ensure that children are protected from material that is potentially harmful. These advertising standards and practices are derived of existing laws/codes outlined by ACMA, AANA, ADMA and ASTRA.
2. Notwithstanding this, Nick Australia does not endorse, or make any representations or warranties concerning, any advertiser's goods or services seen on the Nick Websites or on that advertiser's website nor can Nick Australia accept any responsibility for that advertiser's goods or services.
Termination
Nick Australia reserves the right to terminate your use of the Nick Websites and block any use in the future if we believe that you have breached any of these Terms of Use or if you have breached any relevant law or regulation.
Miscellaneous
1. Unless otherwise specified, these Terms of Use contain the entire understanding between you and Nick Australia and supersede all prior terms or conditions in respect of your use of the Nick Websites.
2. If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect.
3. These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales and any disputes arising shall be subject to the exclusive jurisdiction of the New South Wales courts.
4. These Terms of Use were last updated on 14 September 2011.