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Terms of Use

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.