Australian Penthouse

By downloading the Australian Penthouse RSS Feed (‘AP RSS’) from this website (‘Penthouse’), you agree to be bound by the terms set out below (the “Standard Licence Terms”). These Standard Licence Terms may be updated by Penthouse from time to time. Please review these Standard Licence Terms each time you download a Penthouse Feed.

Your download and/or use of a Penthouse Feed indicates your agreement to these Standard Licence Terms.

1. Licence

1.1 Subject to the terms of this Agreement Penthouse grants you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website (“Site”) the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from the Penthouse via the Penthouse Feed (“PENTHOUSE Content”).

1.2 All title, ownership rights and intellectual property rights in and to the Penthouse Feed shall remain the property of the Penthouse.

1.3 Nothing in these Standard Licence Terms grants you any right to use the Penthouse trade mark on your site elsewhere.

2. Use of Penthouse Content
2.1 You may not use the feed or display any Penthouse Content on any Site that is a web site that is excluded by the Penthouse (scroll down for the list of excluded Websites as may be amended by Penthouse from time to time).

2.2 YOU MUST ENSURE THAT ALL PENTHOUSE CONTENT ON YOUR SITE HAS AN ACCREDITATION TO THE PENTHOUSE IN ACCORDANCE WITH THE PENTHOUSE ACCREDITATION GUIDELINES FROM TIME TO TIME (SCROLL DOWN FOR THE PENTHOUSE ACCREDITATION GUIDELINES AS MAY BE AMENDED BY THE PENTHOUSE FROM TIME TO TIME).

2.3 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING PENTHOUSE CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE PENTHOUSE CONTENT IN ANY WAY.

2.4 You may not directly or indirectly change, edit, add to or produce summaries of the Penthouse Content or any content on the Penthouse website nor place any full-story Penthouse content in an HTML frame-set.

2.5 You may not directly or indirectly suggest any endorsement or approval by the Penthouse of your Site or any non-PENTHOUSE entity, product or contentor any views expressed within your site or service.

2.6 You acknowledge that the PENTHOUSE has absolute editorial control over all Penthouse Content and you accept that the PENTHOUSE is editorially independent and that the editorial integrity of the PENTHOUSE Content is the sole responsibility of the Penthouse.

2.7 Should you receive any enquiries which relate to the Penthouse or the Penthouse Content you should promptly refer such enquiries to producer@horwitz.com.au

3. Warrenty & Liability

3.1 You warrant to the Penthouse that:

(i) you have fully complied with, and shall continue to comply full with, applicable laws and regulations;
(ii) the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings the Penthouse into disrepute, or which is in breach of any third party intellectual property rights; and
(iii) users of the Site shall be required to comply with terms that are equivalent to the Standard Licence Terms in relation to their use of the Penthouse Content.

3.2 The Penthouse Feed is made available by the Penthouse on an “as is” and “as available” basis and the PENTHOUSE gives no warranty of any kind in relation to the Penthouse Feed, the PENTHOUSE Content, or any content on the PENTHOUSE website. The Penthouse disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the Penthouse Content, the Penthouse Feed and the Penthouse website and any content thereon.

3.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE PENTHOUSE EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE PENTHOUSE FEED, THE PENTHOUSE CONTENT OR ANY CONTENT ON THE PENTHOUSE WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF PENTHOUSE CONTENT.

3.4 Each provision of the Clause 3 operates separately in itself and survives independently of the others.

4. Indemnity

4.1 You hereby agree to indemnify, hold harmless and defend the Penthouse in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard Licence Terms or otherwise in connection with your use of the Penthouse Feed (including Penthouse Content).

5. Termination

5.1 You may terminate this Agreement and the licence granted herein at any time by destroying or removing all copies of the Penthouse Feed (including Penthouse Content) from your Site, all hard drives, networks and other storage media.

5.2 Penthouse may restrict, suspend or terminate the Penthouse Feed, this Agreement, the licence granted herein or your access to the Penthouse Feed at any time without liability. You agree to destroy all copies of the Penthouse Feed (including the Penthouse Content) upon receiving notice of termination from the PENTHOUSE.

5.3 Clauses 3, 4 and 6 shall survive termination of this Agreement.

6. General

6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party.

6.2 This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement.

6.3 Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.

6.4 This Agreement shall be governed by, construed and take effect in accordance with Australian law and the Australian courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.

Excluded Websites

The Penthouse’s RSS feeds and any PENTHOUSE content contained in the Penthouse RSS feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour

2. Sites that promote, encourage or facilitate violence

3. Sites that promote, encourage or facilitate terrorism or other activities that risk Australian national security

4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society

5. Sites that promote, facilitate or encourage illegal activity

6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under Australian law

7. Sites which infringe individual privacy.