Terms of Use

Reviewed: October, 2020

Read these Terms of Use carefully before using this Site.

1. Acceptance

The Melbourne Marathon Festival is owned and operated by International Management Group of America PTY LTD (“IMG”). BY VISITING AND USING THE MELBOURNE MARATHON WEBSITE (THE “SITE”), YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) AND THE IMG PRIVACY POLICY AND THE IMG COOKIE POLICY (“COOKIE POLICY”) INCORPORATED HEREIN BY REFERENCE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE SITE.

BY SUBMITTING YOUR EMAIL ADDRESS TO IMG, YOU AGREE TO RECEIVE EMAIL NEWSLETTERS, UPDATES, NOTIFICATIONS AND OTHER MATERIAL FROM US AND SELECTED THIRD PARTIES ABOUT THE GREAT OCEAN ROAD MARATHON.

IMG reserves the right to modify or revise the Terms of Use and/or Privacy Policy, in its sole discretion, at any time.  By visiting and using the Site, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations.  IMG will attempt to notify Site users whenever it materially modifies or revises these Terms of Use; however, it recommends that Site users review the most up-to-date version of the Terms of Use and Privacy Policy periodically.  The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties.

2. Personal Information

The personal information you submit to IMG is governed by the IMG Privacy Policy.  To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.  You are responsible for providing information that is accurate, current, and complete.  If you provide information that is not accurate, current, or complete, or if IMG has reason to believe that information you provided is not accurate, current, or complete, IMG has the right to prohibit you from any and all future use.

3. Use Restrictions

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from IMG licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws.  Title to the Contents remains with IMG.  Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of IMG or its licensors.  IMG authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice:  “Copyright © 2020, IMG.  All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents.  Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.  The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.  All rights not expressly granted herein are reserved to IMG and its licensors.  If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without IMG’s written permission, “mirror” any Contents contained in this Site or any other server.  You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.  IMG reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

4. Submission of Ideas

IMG does not accept submissions of any kind (e.g., materials, ideas, suggestions, know-how, or concepts) through this Site or otherwise.  All submissions will be deleted unread or destroyed, at IMG’s discretion.

5. Hyperlinks from the Site

The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).  IMG does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.  IMG is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site.  The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate IMG’s approval or endorsement thereof.  If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

6. Liability of IMG and Its Licensors and Partners

The use of the Site or the Contents is at your own risk.  The Contents in this Site could include technical inaccuracies or typographical errors.  IMG may make changes or improvements at any time.

THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMG DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT IMG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

IMG ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY IMG, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY STATEMENT.

7. Indemnity

You agree to defend, indemnify, and hold IMG, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.

8. General

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever:  Liability of IMG and its Licensors and Partners, Use Restrictions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

9. Applicable Laws

These Terms of Use are governed by and shall be construed in accordance with local applicable law.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. 

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10. Notice and Take Down Procedures

If you believe any content accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting IMG (address identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the content that you believe to be infringing and its location.  Please describe the content, and provide us with its URL or any other pertinent information that will allow us to locate the content.
3. Your name, address, telephone number, and (if available) email address.
4. A statement that you have a good faith belief that the complained-of use of the work is not authorized by the copyright owner, its agent, or the law.
5.  A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to the Site is as follows:

MELBOURNE MARATHON FESTIVAL

Attn: Copyright-Legal

9601 Wilshire Blvd. 3rd Floor

Beverly Hills, CA 90210

copyrightagent@img.com

In an effort to protect the rights of copyright owners, IMG maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

11. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of IMG on this Site, these Terms of Use, including IMG Privacy Policy and Cookie Policy, constitute the entire agreement between you and IMG with respect to the use of the Site and Contents.