Website Terms of Service

Your use of kotaku.com.au and other websites, mobile sites, applications and services made available by Pedestrian Group under the Pedestrian branded header (including Pedestrian.TV, Gizmodo, Lifehacker, POPSUGAR, Pedestrian Jobs and Business Insider) (together, the Pedestrian Network) is governed by these Terms of Use.

The Pedestrian Network is operated by Pedestrian Group Pty Ltd (ACN 112 839 568) (“Pedestrian”, “we”, “us” or “our”) which is a wholly owned subsidiary of Nine Entertainment Co. Pty Ltd.

Please take the time to read these Terms of Use together with our Privacy Policy. We may, from time to time, review and update these Terms of Use to take account of new laws, technologies and changes to our operations. Your use of the Pedestrian Network is governed by our most recent Terms of Use.

Using the Sites

Your access to and use of the Pedestrian Network is for your personal use only. We do not permit any commercial use of the network without our express written agreement.

Children and Young People

The Pedestrian Network may contain content which is not suitable for persons under the age of 18. You confirm that you are 18 years or older, or otherwise have your parent/guardian’s consent to use the Pedestrian Network.

Intellectual Property: General

The Pedestrian Network includes services and content which are the intellectual property of Pedestrian Group Pty Ltd, our licensors and our service providers. You may use our content by downloading and storing limited copies for your personal use only. You may not otherwise reproduce or redistribute or use our content or services in any way unless you have our express permission.

Trade Marks

The Pedestrian Network trademarks belong to Pedestrian Group Pty Ltd. The trademarks of our service and content providers belong to them. Nothing contained on the Pedestrian Network should be construed as granting any licence or right of use of any trademark displayed on the site. Use of all trademarks displayed on the Pedestrian network requires the express permission of the relevant trade mark owner.

Your Contributions

On certain parts of the Pedestrian Network, you may be able to submit (in the form and manner specified by us) your own personal contributions such as photographs, written comments, video footage or by participating in discussions with other members of our online communities (Your Contributions). Your Contributions are subject to the following conditions:

  • All Your Contributions must be your own work and must not include any material which is the copyright of someone else;
  • Your Contributions must be on-topic and constructive and not contributed with the intention of disrupting our online communities or causing harm or offense to anyone;
  • You give to us free of charge permission to use Your Contributions in any way we want to on any web site or mobile site, application, products or services in any media (including editing, modifying or adapting Your Contributions for operational or editorial reasons).

We may also redistribute Your Contributions to third parties; please note that this may include television broadcast.

  • Copyright in Your Contributions remains with you and the permissions you give us do not restrict you from using Your Contributions in any way;
  • We will typically show your name (if provided) with Your Contributions, however, you acknowledge and agree that it is not always practical for us to attribute you as the author of Your Contributions; and
  • Your Contributions may or may not be pre-screened and there may be a delay before they appear on the Pedestrian network. We may choose not to use Your Contributions or remove Your Contributions from the Pedestrian network in our discretion.

If you have any questions about Your Contributions please contact us here.

Prohibited Contributions

It is your responsibility to ensure that Your Contributions do not breach any applicable laws or rights. Without limiting this obligation we require that Your Contributions do not:

  • Defame any person;
  • Breach anyone’s intellectual property rights or confidentiality.
  • Breach privacy laws;
  • Breach anti-discrimination laws;
  • Contain any links, advertising or marketing material or spam;
  • Stalk or harass any person;
  • Encourage or promote or assist the commission of any illegal act;
  • Contain excessively coarse language or content which would be rated R RC or X by the Australian Classification Board; or
  • Include any material that contains any virus or computer code file or computer program designed to impair any the performance of the Pedestrian network or any computer, software or telecommunications device.

Pedestrian Account

In order to access some of our services and products on the Lifehacker, Gizmodo and Kotaku websites, you will be asked to register with us by providing us with certain information about you which we will use to create your Pedestrian account. As part of creating your Pedestrian account, you may also be requested to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password, as well as an alternate e-mail address. By signing in on one of our websites, product or services, you may be automatically signed into other websites, products and services that use your Pedestrian account.

Membership of your Pedestrian account is free but is conditional upon you giving us accurate up to date registration information including a valid email address if requested.

We may refuse to accept your registration request and/or terminate your Pedestrian account at our discretion and without notice if your registration information is inaccurate or incomplete or if you use your Pedestrian account to annoy other users or disrupt or misuse our services in any way.

Security of Pedestrian account

You must keep your Pedestrian account sign in details secure and must not disclose them to anyone else. You must notify us immediately if you suspect or become aware of any unauthorised use of your Pedestrian account or sign in details.

Privacy

Any personal information you provide us, such as (but not limited to) your email address for the purpose of registering for a Pedestrian Account or receiving nominated email communications from us such as the Daily Pedestrian, Weekly Pedestrian or Job Alerts, will be subject to the Nine Entertainment Co. Privacy Policy. By using the Pedestrian Network you consent to us collecting and using this information in accordance with the Privacy Policy.

You can unsubscribe at any time from receiving the Daily Pedestrian, Weekly Pedestrian, Job Alerts or any other commercial email communications from us by clicking on the “unsubscribe” link at the bottom of our emails.

Reporting

IF YOU THINK THAT ANY CONTENT ON THE PEDESTRIAN NETWORK IS UNLAWFUL OR BREACHES THESE TERMS PLEASE USE THE REPORT here.

Please note while we will not necessarily reply to all complaints, we will consider whether there are any grounds for taking action for each complaint received.

Service Changes

We reserve the right to change, suspend or discontinue any content or services included in or accessible via the Pedestrian network without any notice and without any liability to you

Dealings with Advertisers

The Pedestrian network includes advertising and promotional material provided by our advertisers. We do not recommend or endorse any advertiser, its products or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

In some instances, advertisements will contain offers which you can accept by clicking through to the advertiser’s website. Such offers are not made by us and the advertiser is solely responsible to you for the delivery of any goods or services you | purchase on the third party website.

From time to time we feature, promote or sponsor special events, competitions and other activities conducted by third parties on-line and/or off-line. We do not accept any responsibility for your participation. However there may be specific terms and conditions applicable to those activities and you should check these carefully.

Some advertisements and promotions may be aimed at consumers who are located in specific locations. As a result, the goods or services included in any such advertisements or promotions may not necessarily be available at or near the place where you are located whether for the price stated or at all. We make no representation or warranty with regard to the availability of such good and services or the price for which those goods and services may be available in the area where you are located. You agree that you will make no claim or complaint against us or any of our related bodies corporate and that those parties will not be liable, solely on the basis that you were not able to acquire goods or services mentioned in an advertisement or promotion whether at the price stated in the advertisement or at all.

Links

For the convenience of our users the Pedestrian Network contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content and /or services.

Termination

You agree that Pedestrian Group Pty Ltd may without notice terminate your access to our services without notice on any reasonable grounds including but not limited to:

  • Breach of these Terms of Use;
  • Request by law enforcement authorities or agencies;
  • Discontinuation of modifications to our services;
  • Technical issues or problems;
  • Non-payment of any fees owed by you in relation to any services; and
  • Where we suspect you have used the services for a fraudulent or illegal purpose

Disclaimer

Except where expressly specified Pedestrian network content is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice suited to your specific circumstances prior to making any decisions.

Special warning for content and services relating to Financial Matters

The Pedestrian network may contain financial content and tools such as stock quotes, broker calls, investment information, market comment and analysis, statistics, company reports and fact sheets and calculators. None of our financial content is intended for trading or investment purposes and we and our content providers are not liable for any trading or investment decisions based on your use of this content

Limitations of Liability

Your use of the Pedestrian network is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law Pedestrian Group Pty Ltd, its subsidiaries and affiliates, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content and services whether express or implied unless expressly set out in these Terms of Use. Without limiting the forgoing we do not warrant that: our Content is accurate or reliable. Nor do we warrant that our services will be timely, uninterrupted or error free or that any errors or defects will be corrected.

In no circumstances are we liable for any indirect or consequential losses or damages arising in connection to your use of the Pedestrian network.

Indemnity

We rely on you to use the Pedestrian network responsibly and to observe these Terms of Use. If Pedestrian Group Pty Ltd suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Pedestrian Group Pty Ltd for the losses, damages and costs.

Governing Law

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

Additional Terms for Pedestrian Jobs

Applying for jobs

If you use the Pedestrian Network to apply for a job advertised via Pedestrian Jobs website, You acknowledge and agree that:

  • the job advertisements on the Pedestrian Jobs website have been posted by third parties and we have no control over, and do not review, endorse or recommend, any job advertisements, jobs or job advertisers; and
  • you are solely responsible for verifying the availability of any jobs advertised on the Pedestrian Jobs website, as well as the accuracy, completeness and currency of any job advertisement on our website.

We do not accept any responsibility for messages or other communications you submit to, or receive from, a job advertiser through the Pedestrian Network. Without limitation, you are solely responsible for ensuring that any job application you submit is received by the relevant job advertiser.

We recommend that you keep a copy of any job application you submit through the Pedestrian Network.

Posting Jobs

You acknowledge and agree that:

  • You are solely responsible for verifying the information of any jobs you post on our website, as well as the accuracy, completeness and currency of any job advertisement on our website.
  • We do not accept any responsibility for messages or other communications you submit to, or receive from, a job seeker through our website, or through other website leading back to Pedestrian.TV. Please see Jobs FAQs here.

We recommend that you keep a copy of any job description you submit through our website.

Please refer to Jobs Terms & Conditions here. If posting a role under the Internship/Work Experience or Volunteer categories, the role must abide by the Fair Work Australia guidelines for unpaid work. Please see here for more information.