TERMS OF USE
This website (the Website) is owned and operated by CURIOUS FILM
PTY LTD (us, we or our, which shall include our officers,
employees, agents or related bodies corporate). Your access to the
Website is conditional upon your acceptance and compliance with the
terms, conditions and disclaimers contained herein and on any page
of the Website. Your use of the Website constitutes your
acknowledgement that you have read and agreed to these Terms of
Use.
These Terms of Use are a legal document, creating legal rights and
obligations that affect you. By using this Website, you will be
agreeing to these Terms of Use. Therefore, it is very important
that you understand the Terms of Use before you decide to
participate in the Website.
1. USER ACCESS RULES
1.1. Subject to all applicable laws, The Website
and related services (the Service) are available for individuals
aged 13 years or older. If you are 13 or older but under the age of
18, you should review these Terms of Use with your parent or
guardian to make sure that you and your parent or guardian
understand these Terms of Use.
1.2. If you are an employee of a company or
other entity, you must have the authority to accept these Terms of
Use on behalf of your employer.
1.3. You must not breach any privacy laws
particularly in respect of the release of personal details
available on the Website.
1.4. You may not assign or transfer your rights
or benefits under these Terms of Use to any other person or entity
without our prior written consent.
1.5. We reserve the right to use personal email
addresses for the purpose of billing and for contact with the user
from time to time, in accordance with our Privacy Policy.
2. USAGE RULES
2.1. All copyright in the content of the Website
(the Content, which includes, without limitation, any products,
music or video file or associated promotional files available for
purchase or downloaded by you, any information, text, layout,
design, graphics, photographs, software, application logic and
process flow) is owned or licenced by us.
2.2. The Content is protected by both Australian
and international copyright and/or trade mark law. When you
purchase, download or print Content, you can only use it lawfully,
for your own internal business purposes and/or personal use, in
accordance with the terms of the license granted to you by or on
behalf of the owner or owners of the copyright in Content and in
accordance with these Usage Rules.
2.3. Any burning (if applicable) or exporting
capabilities are solely an accommodation to you and shall not
constitute a grant or waiver (or other limitation or implication)
of any rights of the copyright owners in any image, video, audio,
sound recording, underlying musical composition, or artwork
embodied in any Content.
2.4. By using the Service, you agree that, with
respect to the Content, you will not:
(a) Translate, add to, alter, delete from or
otherwise modify or create derivative works from the Content;
(b) Remove any proprietary notices or labels on
the Content;
(c) Assign or distribute the Content; or
(d) Use the Content for commercial exploitation
in any circumstances.
3. DISCLAIMER
3.1. You expressly agree that use of the Website
is at your sole risk. The Website and the Services are provided on
an "as is" and "as available" basis. We expressly disclaim any and
all warranties of any kind, whether express or implied, including,
but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
3.2. We make no warranty that the Service will
meet your requirements, nor that the Service will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to
the results that may be obtained from the use of the Service or as
to the accuracy or reliability of any information obtained through
the Service or that defects in the software will be
corrected.
3.3. No advice or information, whether oral or
written, obtained by you from or through the Service shall create
any warranty not expressly made in these Terms of Use
4. WAIVER / BREACH
4.1. You hereby waive, release, forgive,
discharge and relinquish any and all claims that you now have or
may have against us that are connected with, arise out of, relate
to or are incidental to use of the Website.
4.2. To the maximum extent permitted by
applicable law, you agree that we will have no liability:
(a) for incorrect or inaccurate entry of
information or other human error (whether act or omission), machine
error or technical malfunction, lost/delayed data transmission,
service interruption, deletion, defect, line failure of any
telephone, computer or other network, computer equipment, software
or any combination of the foregoing; any inability or delay in
accessing Website; any inability or delay in uploading any Content
or downloading any related materials from the Website; for any loss
of, or damage to, any Content or for any incorrect or incomplete
reproduction, transmission or communication of any Content (and for
the purposes of the foregoing, references to "Content" include any
copies of your Content which you provide or we make);
(b) for any economic loss including loss of
profits, loss of goodwill or business or professional reputation or
special, indirect or consequential losses suffered or
incurred by you; or
(c) arising out of, or in connection with, these
Terms or Use.
4.3. Our liability for a breach of any
conditions or warranty implied by the (Cth) (formerly the Trade
Practices Act 1974 (Cth) or any similar state or territory
legislation in Australia which cannot be excluded, is limited to
any one or more of the following determined by us in our sole
discretion:
(a) in the case of goods:
(i) the replacement or repair of the
goods;
(ii) the supply of equivalent goods; or
(iii) the payment of the cost of replacing the
goods or acquiring equivalent goods or repairing the goods;
and
(b) in the case of Service:
(i) supplying of the Service again; or
(ii) the payment of the cost of having the
Service supplied again.
5. INDEMNITY
5.1. You hereby agree to indemnify, defend and
hold us harmless from and against any and all claims, loss, damage,
tax, liability and/or expense (including but not limited to legal
costs) that we may incur arising out of your use of the Website,
the violation of these Terms of Use by you, or the infringement by
you of any intellectual property or other right of any other person
or entity.
6. TERMINATION
6.1. Should you object to any of these Terms of
Use or any subsequent modifications thereto or become dissatisfied
with the Service in any way, your only recourse is to immediately
discontinue use of the Service.
7. AMENDMENT
7.1. Features currently in existence on the
Website are in no way a representation of future content. We
reserve the right to add or remove features to this Website.
8. LINKS
8.1. The Website may contain hyperlinks to third
party websites. Any hyperlinked website is provided as a
convenience only, and the inclusion of any hyperlink does not imply
our endorsement of the linked website. Such third party websites,
including any products, services or information contained therein
are not provided by us or under our control, and your legal
relationship is directly with the third party website owner.
9. GENERAL TERMS
9.1. Entire Agreement. These Terms of Use, the
Terms of Sale and the Privacy Policy (the Website Terms) constitute
the entire agreement between you and us.
9.2. Amendment. We reserve the right to amend
the Website Terms at any time without notice. Given that the
Website Terms are subject to change, please periodically refer to
the Website Terms to acquaint yourself with any changes. Any
amendment shall be effective immediately upon posting on the
Website. Your continued use of the Website constitutes an
affirmative:
(a) acknowledgment by you to the Website Terms
and any modifications; and
(b) agreement by you to abide and be bound by
the Website Terms, including any modifications.
9.3. No Assignment. The rights granted to you
and obligations imposed on you under the Website Terms are personal
to you. You may not assign, transfer, sub-license or deal in any
other way with those rights and obligations.
9.4. Governing Law. The Website Terms are
governed by the laws of the State of New South Wales in Australia
and you and we irrevocably submit to the exclusive jurisdiction of
the Courts of that State in respect of any dispute or claim arising
out of or in connection with these the Website Terms (including
non-contractual disputes or claims).
9.5. Severability. If in any circumstances any
provision of these the Website Terms is invalid, void or
unenforceable under the law, rules or regulations of a particular
country, such invalidity or unenforceability shall in no way affect
any other provision of the Website Terms. Any such provision may be
read down to the extent necessary to render it valid and
enforceable in the applicable circumstances and in the relevant
jurisdiction.
9.6. Cancellation, modification or suspension of
the Website. We may at any time, in our sole discretion, cancel,
modify, or suspend the Website (or any portion thereof) due to an
event, or for reasons, beyond our control. If any such
cancellation, modification or suspension of the Website occurs you
will be notified:
• by way of updates on the Website; and
• by way of email if you have provided your
address.
9.7. Fiduciary and other relationships and
reliance excluded. You acknowledge and agree that there is no
confidential, fiduciary or special relationship between you and us
and that you have not relied on any representation, promise or
inducement made by us or on our behalf other than as expressly set
out in the Website Terms.
10. INQUIRIES
If you have any questions about these Terms of Use or other
inquiries, please refer to our online support page.