| TERMS OF TRADE |
Use of the Website and the Services is conditional on your agreement to the Terms. You must read, agree with, and accept all of the terms and conditions contained in the Terms, the Privacy Policy. By checking the box "I Accept" and by using the Website and the Services, you indicate your continued acceptance of the Terms, including future amendments. If you do not comply with the Terms during your use of the Website and the Services, you will no longer have the right to use the Website and or Services.
- Privacy Policy. vidEstream™ 's Privacy Policy is incorporated into these Terms. Read this notice
carefully implying details relating to the collection, use, and disclosure of all personal information.
- Individual Features and Services. When using the vidEstream™ Sites, you will be subject to any
additional posted guidelines or rules applicable to specific services and features which may be posted
from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
- Modification of the Terms. vidEstream™ reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check these Terms and any Guidelines periodically for changes. Such modifications will be effective upon vidEstream™ posting of the new terms and/or upon implementation of the new changes on the Website. Your continued use of the vidEstream™ sites after the posting of changes constitutes your binding acceptance of such changes.
- Eligibility; Registration Information and Password. THE vidEstream™ SITES ARE NOT AVAILABLE TO PERSONS
UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE vidEstream™ SITES BY vidEstream™. You agree
that the information you provide to vidEstream™ on registration and at all other times will be true, accurate,
current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date
at all times. When you register, you will be asked to provide a password. As you will be responsible for all
activities that occur under your password, you should keep your password confidential. You are solely
responsible for maintaining the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that occur under your account or password.
- Prohibited Conduct - by using the vidEstream™ site you promise not to: 5.1 Upload copyrighted material not
your own - such as TV shows, movies, or music videos; 5.2 "Stalk", harass, threaten, or defraud other
vidEstream™ Users; 5.3 Upload or send to other vidEstream™ Users pornographic, threatening, embarrassing,
hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content; 5.4 Make
unsolicited offers, advertisements, proposals, or send junk mail to other Users; 5.5 Impersonate another
person or access another User's account without that person's permission; 5.6 Share vidEstream™ issued
passwords with any third party or encourage any other User to do so; 5.7 Misrepresent the source,
identity, or content of information transmitted via the vidEstream™ Sites; or 5.8 Use the vidEstream™
Sites for any illegal purpose.
- Violations & Termination. You agree that vidEstream™ , in its sole discretion and for any or no reason,
may terminate any account (or any part thereof) you may have with vidEstream™ or use of the vidEstream™ Sites
and remove and discard all or any part of your account or any User Submission, at any time. vidEstream™ may
also in its sole discretion and at any time discontinue providing access to the vidEstream™ Sites, or any
part thereof, with or without notice. You agree that any termination of your access to the vidEstream™ Sites
or any account you may have or portion thereof may be affected without prior notice, and you agree that
vidEstream™ will not be liable to you or any third-party for any such termination. vidEstream™ does not
permit copyright infringing activities on the vidEstream™ Sites and reserves the right to terminate access
to the vidEstream™ Sites and remove all content submitted by any persons who are found to be repeat infringers.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the
vidEstream™ Sites may be referred to appropriate law enforcement authorities. These remedies are in addition
to any other remedies vidEstream™ may have at law or in equity.
- Ownership; Proprietary Rights. The vidEstream™ Sites are owned and operated by vidEstream™ . The visual
interfaces, graphics, design, compilation, information, computer code, products, software, services, and all
other elements of the vidEstream™ Sites provided by vidEstream™ ("Materials") are protected by Australian
copyright law, trade dress, patent, and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. Except for any User Submissions
(defined below) owned by and provided by our Users, all Materials contained on the vidEstream™ Sites
are the copyrighted property of vidEstream™ or its subsidiaries or affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are proprietary to vidEstream™ or its affiliates
and/or third-party licensors. Except as expressly authorized by vidEstream™ , you agree not to sell,
license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create
derivative works from, or otherwise make unauthorized use of the Materials.
- User Submissions. 8.1 vidEstream™ may now or in the future allow Users to submit videos, video reviews,
blogs, or other content ("User Submissions") and provide for the hosting, sharing, and/or publishing of such
User Submissions. You understand that whether or not such User Submissions are published, vidEstream™ does
not guarantee any confidentiality or privacy with respect to any User Submissions. 8.2 You are solely
responsible for your own User Submissions and the consequences of uploading, posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the
necessary licenses, rights, consents, and permissions to use and authorize vidEstream™ to use all patent,
trademark, trade secret, copyright, or other proprietary rights in and to any and all User Submissions to
enable inclusion and use of User Submissions in the manner contemplated by vidEstream™ and these Terms and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of each and every such identifiable individual
person, to enable inclusion and use of the User Submissions in the manner contemplated by vidEstream™ and
these Terms. For clarity, you retain all ownership rights in your User Submissions. However, by submitting
User Submissions to vidEstream™ , you hereby grant vidEstream™ a worldwide, non-exclusive, fully paid-up,
royalty-free, sublicense able through multiple layers, and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform your User Submissions in connection with vidEstream™ and
vidEstream™ 's (and its successor's) business, including, without limitation, for promoting and redistributing
part or all of the vidEstream™ Sites (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant to each user of the vidEstream™ Sites a non-exclusive license to access your
User Submissions through the vidEstream™ Sites and to use, reproduce, distribute, prepare derivative works of,
display, and perform such User Submissions as permitted by the functionality of the vidEstream™ Sites and these
Terms. 8.3 In connection with User Submissions, you further agree that you will not: (i) submit material that
is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful
owner to post the material and to grant vidEstream™ all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage vidEstream™ or any third party; or (iii) submit material
that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil
liability, violate any law or is otherwise inappropriate. vidEstream™ does not endorse any User Submission
or any opinion, recommendation or advice expressed therein, and vidEstream™ expressly disclaims any and all
liability in connection with User Submissions. If notified by a user or a content owner of a User Submission
that allegedly does not conform to these Terms, then vidEstream™ may investigate the allegation and determine
in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right
to do at any time. vidEstream™ does not permit copyright infringing activities on the vidEstream™ Sites and
reserves the right to terminate access to the vidEstream™ Sites and remove all content submitted by any
persons who are found to be repeat infringers. 8.4 You understand that when using the vidEstream™ Sites,
you will be exposed to User Submissions from a variety of sources and that vidEstream™ is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS
OR REMEDIES YOU HAVE OR MAY HAVE AGAINST vidEstream™ WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD
vidEstream™, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT
ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE vidEstream™ SITES.
8.5 vidEstream™ permits you to link to your own User Submissions hosted on the vidEstream™ Sites or User
Submissions of other third parties available on the vidEstream™ Sites for personal, non-commercial purposes only.
You understand that the User Submissions, whether or not linked or embedded into other web sites, are provided
to you only on an "as-available" basis and vidEstream™ does not guarantee that their availability will be
uninterrupted or bug free. vidEstream™ reserves the right to discontinue any aspect of the vidEstream™ Sites
at any time, including the right to discontinue the display of any User Submissions or linked or embedded
content either generally or in specific cases.
- Monitoring Users and Content. vidEstream™ does not control the content posted by Users and does not have
any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for
all content and material that you submit to vidEstream™ .
- Prohibited Uses. 10.1 Access to the Materials from territories where their contents are illegal is
prohibited. The vidEstream™ Sites are available for customers in Australia Only only. Those who choose
to access the vidEstream™ Sites from other locations do at their own initiative and are responsible for
compliance with all local rules including, without limitation, rules about the internet, data, email, or
privacy. 10.2 Any use of any of the Materials other than for private, non-commercial use is strictly prohibited.
As a condition of your use of the vidEstream™ Sites, you will not use the vidEstream™ Sites for any purpose
that is unlawful or prohibited by these Terms. You may not use the vidEstream™ Sites in any manner that in
our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use
and enjoyment of the vidEstream™ Sites. You may not attempt to gain unauthorized access to the vidEstream™
Sites, or any part of them, other accounts, computer systems or networks connected to the vidEstream™ Sites,
or any part of them, through hacking, password mining or any other means or interfere or attempt to
interfere with the proper working of the vidEstream™ Sites or any activities conducted on the vidEstream™
Sites. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available through the vidEstream™ Sites. You agree neither to modify the vidEstream™
Sites in any manner or form, nor to use modified versions of the vidEstream™ Sites, including (without
limitation) for the purpose of obtaining unauthorized access to the vidEstream™ Sites.
- Third-Party Sites, Products and Services; Links. 11.1 The vidEstream™ Sites may include links to other
web sites or services solely as a convenience to Users ("linked sites"). vidEstream™ does not endorse any
such linked sites or the information, material, products or services contained on other linked sites or
accessible through other linked sites. Furthermore, vidEstream™ makes no express or implied warranties
with regard to the information, material, products, or services that are contained on or accessible through
linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES
ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. 11.2 Your correspondence or
business dealings with, or participation in promotions of, advertisers found on or through the vidEstream™
Sites are solely between you and such advertiser. YOU AGREE THAT vidEstream™ WILL NOT BE RESPONSIBLE OR
LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT
OF THE PRESENCE OF SUCH ADVERTISERS ON THE vidEstream™ SITES.
- Notice. Except as explicitly stated otherwise, legal notices will be served on vidEstream™ 's national
registered agent or to the email address you provide to vidEstream™ during the registration process.
Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, we may give you legal notice by mail to the address provided
during the registration process. In such case, notice will be deemed given three days after the date of mailing.
- User Disagreements. You alone are responsible for your involvement with other Users. vidEstream™
reserves the right, but has no obligation, to monitor disagreements between you and other Users.
- Disclaimers; No Warranties. THE vidEstream™ SITES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE vidEstream™ SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, vidEstream™, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. vidEstream™, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE vidEstream™ SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE vidEstream™ SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. vidEstream™, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE vidEstream™ SITES IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT vidEstream™ NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE
ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD
OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE vidEstream™ SITES AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.?CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
- Indemnification; Hold Harmless. You agree to indemnify, defend, and hold Bits on the Run, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to, and/or use of, the Website and our Services, (ii) the violation of these Terms by you, or (iii) the infringement by you, or any third party using your account or user name or password, of any intellectual property or other right of any person or entity.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party
entitled to the benefit of such provision. The failure of any party at any time to require performance of
any provision of these Terms will in no manner affect such party's right at a later time to enforce the same.
A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of
other breaches of the same or other provisions of these Terms.
- Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
WILL VIDESTRTEAM™ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT RESULT
FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE vidEstream™ SITES, OR ANY OTHER INTERACTIONS WITH
vidEstream™, EVEN IF vidEstream™ OR A vidEstream™ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH
CASES, vidEstream™ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO
EVENT WILL vidEstream™ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR
SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING
TO THESE TERMS OR YOUR USE OF THE vidEstream™ SITES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE,
WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE vidEstream™ SITES DURING
THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN vidEstream™
AND RECEIVED THROUGH OR ADVERTISED ON THE vidEstream™ SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON
THE vidEstream™ SITES.
- Miscellaneous. 18.1 Governing Law. These Terms will be governed by and construed in accordance with
Australian Law, without giving effect to any principles of conflicts of law.18.2 Jurisdiction. You agree
that any action at law or in equity arising out of or relating to these Terms or vidEstream™ will be filed
only in the state or federal courts and you hereby consent and submit to the personal and exclusive
jurisdiction of such courts for the purposes of litigating any such action. 18.3 Severability. If any
provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision
will be deemed severable from these Terms and will not affect the validity and enforceability of any
remaining provisions.18.4 Assignment. The Terms and related Guidelines, and any rights and licenses
granted hereunder, may not be transferred or assigned by you but may be assigned by vidEstream™ without
restriction.18.5 Survival. Sections 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 will
survive any termination of these Terms. 18.6 Headings. The heading references herein are for convenience
purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any
of the provisions hereof.18.7 Entire Agreement. This is the entire agreement between you and vidEstream™
relating to the subject matter herein and will not be modified except in a writing, signed by both parties,
or by a change to these Terms or Guidelines made by vidEstream™ as set forth in Section 3 above.18.8 Claims.
YOU AND vidEstream™ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO vidEstream™ MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. 19.9 Disclosures. The services hereunder are offered by vidEstream™, email: support@videstream.com.au
Refund Policy
- vidEstream™ reserves the right to cancel membership in accordance to the Terms of Use and can do so without refund.
20 August, 2008.
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