Terms of use

Terms


Please read all the terms and conditions of this Agreement carefully. By registering for and/or using the Service, you agree that you are bound by the terms and conditions of this Agreement, and you represent and warrant that you have full power, authority, and legal capacity to enter into this Agreement. Please contact MiiCritic at info@miicritic.com if you have any questions about this Agreement.


These Terms of Service apply to registered users of the Service as well as any visitors to websites controlled by MiiCritic that may display Content supplied by registered users. Only registered users, however, have access to full features of the Service.


The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for MiiCritic granting you access to and use of the Services, you agree that MiiCritic and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.


The MiiCritic Service


Subject to the terms of this Agreement, MiiCritic will provide the Service to you. Your rights to use the Service are non-exclusive and non-transferable. You may use the Service only for your own benefit to provide videos in connection with your Service Offerings.


As part of the Service, MiiCritic will provide reasonable technical support to you by means of an online support portal.


MiiCritic will use commercially reasonable efforts to make the Service available on a 24 hours a day, 7 days a week, and 365 days a year basis, subject to Section 14.2 (Force Majeure) below and to downtime for maintenance purposes.


MiiCritic may from time to time modify the Service and add, change, or delete features of the Service in its sole discretion, without notice to you. Your continued use of the Service after any such changes to the Service constitutes your acceptance of these changes. MiiCritic will use commercially reasonable efforts to post information on the Site regarding material changes to the Service.


You warrant that all user and other account information provided to MiiCritic by you, whether for purposes of obtaining a user name and password or otherwise, will be accurate and complete. You agree to promptly notify MiiCritic of any changes to your account information. You further acknowledge that you are solely responsible for: (a) all use of the Service made using your user name and password, and (b) maintaining the confidentiality of your user name and password. Only one individual may access the Service at the same time using the same user name and password. You agree to notify MiiCritic immediately of any unauthorized use of your email address, user name or password, or any other breach of security regarding the Service of which you become aware.


You must be 18 years or older to register and use the Service. If you are under 18 years old, then the registration must be in the name of the parent or authorized guardian who will be fully responsible for all use of the account by any minor.


Content


You agree to upload your Content to the Service in accordance with this Agreement and all instructions and requirements provided on the Site.


You represent and warrant that the Content and your Service Offerings: (a) are owned by you; (b) do not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (c) do not violate any person’s right of privacy or publicity; (d) do not contain any unlawful, obscene, pornographic, racist, defamatory or libelous material, (e) do not contain any viruses, trojan horses, spyware, adware, spam, or similar deceptive or destructive code; (f) do not violate any law, rule or regulation; and (g) to the best of your knowledge, are accurate and complete. You also represent and warrant that your disclosure of the Content is not in breach of any obligation of confidentiality that you have to any other person or organization. You are solely responsible for the Content, and acknowledge that MiiCritic has no responsibility or intent to review or monitor any Content.


You acknowledge and agree that MiiCritic has the full right to deliver ads and otherwise commercialize your Content in conjunction with the Service. You will be entitled to compensation as stated in the Fees section below.


Intellectual Property


You retain ownership of your Content and your Service Offerings. You hereby grant MiiCritic a perpetual, royalty-free, worldwide, transferable, non-exclusive license to copy, use, distribute, disclose, publicly display, and publicly perform your Content in connection with delivering and promoting the Service in any and all formats and platforms, including making Content publicly available on web sites controlled by MiiCritic and for other marketing purposes. You agree that MiiCritic may make minor modifications to the Content to meet platform and other technical requirements.


You agree that MiiCritic and its licensors own all intellectual property rights in and to the Service, the Software, and the Site, including but not limited to the look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays associated therewith. You will not reverse engineer, decompile or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software. You further agree not to resell, lease, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party for such third party’s benefit. You may make a single copy of the Downloaded Software for backup purposes only; provided that any such copies contain the same proprietary rights notices that appear on the Downloaded Software. MiiCritic reserves all rights in the Service and Software not expressly granted to you hereunder.


MiiCritic may derive and compile aggregated and/or analytical information from your usage of the Service. Such aggregated data and metadata may be used for MiiCritic’s own purposes without restriction, including, but not limited to, using such data in conjunction with data from other sources to improve MiiCritic’s products and services and create new products.


MiiCritic shall have a perpetual, royalty-free, worldwide, and transferable license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, or other information provided by you relating to the Service.


Additional Service Restrictions


You warrant and agree not to:


Violate any local, state, national or international law or regulation in connection with your Service Offerings, your use of the Service, or otherwise use the Service in any way that is in furtherance of criminal, fraudulent, or other unlawful activity;


Interfere with or disrupt the Service or servers or networks connected to the Service;


Violate any codes of conduct, requirements, terms of use, policies or regulations of networks connected to the Service;


Interfere with or attempt to interfere with any other person’s use of the Service;


Gain access to or attempt to gain access to any account, computers or networks related to the Service without authorization;


Use the Service in a manner that results in excessive bandwidth usage, as determined in MiiCritic’s sole discretion; or


Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or communication transmitted through the Service.


Independent Contractors


The parties are and intend to be independent contractors with respect to the services contemplated hereunder. You agree that neither you nor any of your employees or contractors shall be considered as having an employee status with MiiCriticMe. No form of joint employer, joint venture, partnership, or similar relationship between the parties is intended or hereby created.


Warranties; Disclaimers


You and MiiCritic each warrant that they have full authority to enter into this Agreement and are not bound by any contractual or legal restrictions from fulfilling their obligations hereunder.


The Service may contain features, functionality, and information that are provided through or by third-party content, software, websites, and/or systems (“Third-Party Materials”). Your use and access of these features and functionality are subject to the terms published or otherwise made available by the third-party providers of Third-Party Materials. MiiCritic has no responsibility for any Third-Party Materials, and you irrevocably waive any claim against MiiCritic with respect to such Third-Party Materials.


MiiCritic does not warrant that the Service will operate without interruption or error-free, or that the Service will be totally secure. To the extent that data is being transmitted over the Internet hereunder, you acknowledge that MiiCritic has no control over the functioning of the Internet, and MiiCritic makes no representations or warranties of any kind regarding the performance of the Internet. You shall be solely responsible for your use of the Service. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MIICRITIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING AS A RESULT OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.


Indemnification


You, at your expense, shall indemnify, defend and hold MiiCritic and its officers, directors, owners, employees, and affiliates harmless from and against all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to your use of the Service, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to: (a) your breach of any representations, warranties, or covenants in this Agreement, (b) your compliance with applicable laws and regulations, and (c) the Content. MiiCritic shall provide you with prompt written notice of any such claim.


Liability


The limit of MiiCritic’s liability (whether in contract, tort, negligence, strict liability in tort, or by statute or otherwise) to you or to any third party concerning performance or non-performance by MiiCritic, or in any manner related to this Agreement or the Service, for any and all claims shall not exceed in the aggregate the fees paid by MiiCritic to you hereunder with respect to the Service at issue during the three (3) months prior to the date that the relevant cause of action accrued.


In no event shall MiiCritic be liable for special, consequential, incidental, indirect or punitive loss, damage or expenses whether arising in contract or tort (including but not limited to lost profits, loss of data, or the cost of recreating lost data), even if it has been advised of their possible existence.


The allocations of liability in this Section represent the agreed and bargained-for understanding of the parties and the fees herein reflects such allocation. These limitations of liability will apply notwithstanding any failure of essential purpose of any limited remedy.


Miscellaneous


MiiCritic shall not be liable for any failure or delay in the performance of its obligations (except for payment obligations hereunder) due to causes beyond its reasonable control, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication or internet service providers.


This Agreement (including the Registration Form) constitutes the entire understanding of the parties with respect to its subject matter, and supersedes all prior or contemporaneous written and oral communications, understandings or agreements with respect to its subject matter. No waiver of any provision of this Agreement, or of any rights or obligations of any party hereunder, will be effective unless in writing and signed by the party waiving compliance. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.


You shall have no right to assign this Agreement or any of your obligations hereunder. MiiCritic may assign this Agreement and any of its rights hereunder to third parties.


Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.


Agreement and Amendments


By completing the registration process, and/or using the Service, you represent that you are 18 years old or older, are authorized to bind any legal entity that you represent, and agree to all of the terms in this Agreement. You may print and keep a copy of this Agreement.


MiiCritic reserves the right, in its sole discretion, to modify or change this Agreement at any time by posting the changes to the Site. Your continued use of the Site or Service following the posting of such changes constitutes acceptance of those changes.


AUSTRALIA’S BEST BEER - TERMS & CONDITIONS



  • Participants must be 18 years and older, proof will be requested by a MiiCritic Event Team Member if there are any doubts

  • Successful entrants agree that MiiCritic will film and upload the relevant footage to the MiiCritic website

  • Filming will be conducted outside, hosts must therefore be able to provide sufficient space outside for the filming of this segment

  • MiiCritic takes no responsibility for participants that have an alcohol addiction

  • Hosts must ensure that they are able to provide 4 participants

  • Hosts must be able to provide a table and 4 chairs

  • Participants must not be intoxicated prior to the commencement of filming

  • Entrants must provide their name, email address, contact number and residential address

  • MiiCritic WILL NOT be disclosing an entrants name, email address, contact number and residential address to any 3rd party organisations

  • Successful entrants will be selected depending on the proximity of other entrants residences

  • MiiCritic will film a minimum of 1 round in each residence

  • Successful entrants will be contacted by a MiiCritic Event Team Member


In participating in the competition, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners agree to grant the Promoter a perpetual and exclusive license to use such footage and photographs in all media worldwide and the winners will not be entitled to any fee for such use.


Subject to state government legislation the Promoter reserves the right to reasonably amend or vary these terms and conditions at its sole discretion, orally or in writing, for the purpose of MiiCritic’s programming, scheduling or production requirements.


MiiCritic will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:



  1. During participation

  2. In relation to technical problems or online or network traffic congestion or defect; or

  3. Arising from or related to any problem or technical malfunction of any computer system, telephone network or lines or mobile communications network related to or resulting from participation in this Competition


Prize



  • Successful entrants will receive a slab of beer

  • The free slab of beer provided to the entrant will be determined by MiiCritic

  • The entrant will receive a share of advertising revenue


Advertising Revenue Terms and Conditions


Payment to you shall be made monthly in arrears provided that you have generated valid traffic and that MiiCritic has received payment from each advertiser with whose the Publisher has earned remuneration.


Payment will only be made if one month prior to the payment date you are due an amount of at least AUD $50 and if MiiCritic has received full payment for these transactions. An amount due of less than AUD $50 will be accumulated to the next payment and will be included in the amount to be paid out at the next payment date, again provided that the minimum amount of at least AUD $50 is due one month prior to that payment date. All payments are calculated upon revenue received from the traffic generated up to the end of one month prior to the month of payment. Accumulated amounts do not accrue any interest.


All payments are subject to withholding and deduction based on applicable taxes of any kind. You are responsible for the payment of all taxes payable on any payments made to you by MiiCritic.


You agree that payment will be made directly to your bank account unless otherwise specified by MiiCritic on the Registration Form or the Site.