Terms and Conditions

The SBS website, including SBS On Demand, and related SBS applications made available on authorised thirdparty platforms and devices (“Services”) are owned and operated by the Special Broadcasting Service Corporation ABN 91 314 398 574 (“SBS”). By using the Services, you agree to comply with the Terms of Service listed on this webpage and elsewhere within the Services (“Terms of Service”).

You agree to comply with these Terms of Service when you contribute to SBS managed or branded third party social media platforms (for example, when you post content to an SBS managed Facebook page). When accessing an SBS managed space on a thirdparty platform, you agree to comply with the terms of use specified by that platform and acknowledge that the platform’s privacy policy applies to your use of such platform. You should check the terms of use and privacy policy of any thirdparty platform prior to use.

SBS may amend the Terms of Service from time to time without prior notice. Your continued access/use of the Service after such amendment constitutes acceptance of them by you.

These Terms of Service may be supplemented by any specific terms for individual competitions or promotions that you may enter on the Services.

If you wish to make a complaint about a breach of these Terms of Service or any content on the Services (including User Content), you can do so here: sbs.com.au/complaints.  If you wish to make a complaint to the eSafety Commissioner about the Services, you can do so here: https://www.esafety.gov.au/report.

 

1.    Children and young people 

The Services may contain content which may not be appropriate for children and young persons. The use of the Services by children and young people should be managed by their parents/guardians or an appropriate adult. Information about online safety resources is available from the Office of the Safety Commissioner (www.esafety.gov.au).

2.    SBS Account 

You may be required to create an SBS Account in order to:

  • contribute User Content (see section 6 below);
  • access certain Material on the Services (including content on SBS On Demand); and/or
  • access certain online services provided by SBS, now or in the future.

To create an SBS Account, you must be at least 15 years old and may be required to provide information such as your name, email address, and year of birth (collectively, “User Information”). You agree to provide accurate User Information and to keep such information up-to-date.

Any personal information supplied to SBS in the registration process (including your name and email address) will be used and disclosed in accordance with SBS’s Privacy Policy.

SBS may use your User Information (such as your name and email address) to let you know about upcoming SBS programs and other things SBS thinks may be of interest to you.  If you do not wish to receive email communications from SBS, you can unsubscribe at any time by using the facilities provided (for example, by clicking the unsubscribe link in the footer of the email, or by logging into your account profile on the SBS Website and updating your email preferences in the “Newsletter” section of My SBS)

SBS may refuse to accept your registration request and/or terminate your SBS Account at its sole discretion and without notice to you for any reason, including:

  • your User Information is inaccurate;
  • you use, or SBS considers that you are likely to use, your SBS Account to bully, abuse, annoy or harass other users of the Services, breach any law or Terms of Service, or otherwise misuse the Services.

You are responsible for maintaining the confidentiality of your User Information, and for all use and activity on your SBS Account including by any person who uses your User Information, with or without authorisation.

If you believe that your account is no longer secure you must promptly update your User Information in My SBS and notify SBS.

If you would like to delete your SBS account, you can do this by selecting “Delete Account” in your SBS account settings in My Account.

3.    Use of the Services 

You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You must not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Services.  You agree not to alter or tamper with any information or materials on, or associated with, the Services.

4.    Intellectual Property 

All information, video, audio, artwork, graphics, text, copy, data, software, advertisements and other material included in the Services ("Material") is SBS’s or its licensor’s copyright material. All Material is protected in Australia by the Copyright Act 1968 and by applicable legislation in other jurisdictions. All rights not expressly granted by these Terms of Service are reserved.

Material may not be reproduced, distributed, downloaded (except for temporary caching purposes for audio or video Material which is streamed), uploaded, modified, copied, adapted or communicated to the public in whole or in part. You may retrieve Material for personal, non-commercial purposes only.

You must not:

  • modify any Material without SBS’s written permission;
  • remove any copyright, trade mark or other proprietary notices from the Material;
  • directly or indirectly charge or obtain other consideration for others for accessing, viewing or listening to any Material, or attempt to commercialise or exploit the Material in any way; or
  • engage in any activity which could mislead or deceive a person into believing that the Material is from a source other than the Services, including embedding, deep-linking or framing the Material without SBS’s consent.

All Material distributed by SBS under these terms is intended for an Australian audience.  SBS may use geoblocking technology to prevent access to  Material outside Australia.

You must not use any SBS Trade Mark without the prior written permission of SBS. SBS Trade Marks include the SBS name and logo, the NITV name and logo and any other registered or unregistered trade marks owned by SBS.

Educational institutions and/or government may be permitted to copy publications, audio and/or audio-visual files in accordance with the Copyright Act 1968. For more information about educational statutory licences (Parts VA and VB), please contact Copyright Agency Limited ([email protected]) orScreenrights ([email protected]).

5.    Advertisements and links to third party sites 

The Services may contain links to other third party websites, which are not within SBS’s control and are not endorsed by SBS. SBS makes no representations or warranties about the accuracy, appropriateness or completeness of content of any other website which may be accessed directly or indirectly through the Services. You acknowledge that you access third party websites at your own risk.

The Services also contain advertisements which include links or refer you to third party websites. All third party advertisements are paid for by the relevant third party advertisers and are not recommendations or endorsements by SBS of the products and services advertised.

Third party advertisements may contain representations or offers by advertisers which you can accept by clicking links to third party websites. Such offers are not made by SBS, and the third party advertiser is solely responsible to you for the content or privacy policy of any linked website, the security of your data or information, and delivery of any goods or services you purchase from that third party website.

6.    User Content 

The Services, and pages managed by SBS on third party social media platforms, may contain opportunities for you to make contributions, including to blogs and forums (“User Content”).

While SBS encourages robust debate and discussion, all users should treat each other with tolerance, courtesy and respect.

SBS seeks to represent a range of perspectives on issues of public interest on the Services. However, User Content is created by members of the public and reflects their opinions. SBS does not endorse the opinions contained in User Content.

By submitting User Content, you:

  • grant to SBS a perpetual, royalty-free, non-exclusive, worldwide licence to use, copy, communicate, redistribute or adapt the User Content (and sublicense to any third party the same rights);
  • confirm and warrant that User Content you post is your own original work and does not breach any law; and
  • confirm and warrant that you have the consent to identify anyone who is identifiable in the User Content (including parental or guardian consent for any person under the age of 18).

All User Content is published at SBS’s sole discretion, and SBS has ultimate editorial control over the Services. User Content may be edited, removed or not published for legal, editorial or other reasons including if SBS considers that User Content:

  • is false or misleading
  • breaches any law in any jurisdiction (including defamation, contempt of court, privacy, discrimination, harassment, and racial vilification);
  • encourages, promotes or assists the commission of any illegal act;
  • infringes intellectual property rights of SBS or a third person;
  • is abusive, offensive, threatening, harassing, obscene, bullying or deliberately provocative to other users;
  • is inappropriate, off-topic, repetitive, vexatious or in breach of any ‘house rules’ posted on the relevant site;
  • invades the privacy of any person or discloses personal information;
  • is posted for financial gain or contains any links, advertising or marketing material or spam,
  • contains harmful or illegal material or links to such material including viruses, malware, ransomware etc,
  • is a solicitation for donations,
  • impersonates any person, group or entity; or
  • otherwise breaches these Terms of Service

User Content that contains any of the above material may be deemed by SBS to be a breach of these Terms of Service.

If you breach these Terms of Service, SBS may remove or ban you from the Services, and/or take any steps available to it under the terms or conditions or policies of a third party social media platform.

You are legally responsible for the material you submit to the Services or to a social media platform, such as Facebook. SBS reserves the right to cooperate fully with any law enforcement authority in any jurisdiction regarding material which may breach any law, including a request to disclose your identity or other information.SBS may also refer any unlawful content to law enforcement agencies.

7.    Disclaimer 

The Services are provided on an “as is” and “as available” basis. SBS makes no claims and makes no representations as to the content or suitability of the information on the Services or for any other purpose.

SBS does not warrant that the Services will be provided on an uninterrupted basis, that your access to the Services will be error-free or that the Material will be free of any viruses or defects that may damage your computer or device. You acknowledge that you must take your own precautions as to virus checking and security of your computer and any network of which it forms part. To the extent permitted by law, all other warranties, whether express or implied, in relation to the Services (including implied warranties as to merchantability and fitness for purpose) are expressly excluded.

SBS will not be liable for any losses, claims or damages whatsoever including special, indirect or consequential damages, loss of revenue or loss of data as a result of the use of the Services.

8.    Termination or suspension of access to the Services 

SBS has the right to suspend, and/or terminate your access to any part of the Services, for any reason (including a breach of these Terms of Service) or may prevent your use of the Services with or without notice to you.  You agree that you do not have any rights in the Services and that SBS has no liability to you if the Services are discontinued or your ability to access them is terminated.

9.    Governing Law 

These Terms of Service and any issues arising under these Terms of Service will be dealt with under the laws of New South Wales, Australia.