Terms and Conditions

Website Terms and Conditions

Updated 15 Dec 2022

Terms of Use

This site and the services available in connection with this site (the "Service") are made available to you by ActiveTV, doing business as ActiveTV (“ActiveTV”," "we" “our” or "us"), subject to these terms and conditions, and the ActiveTV <Privacy Policy> (collectively, the "Terms"). Your continued use of the Service constitutes your agreement to the Terms, which may be modified, amended and updated by us from time to time without notice to you. You are advised to continuously check the site for the latest Terms. ActiveTV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or the Service or any portion thereof with or without notice.

General

If you are under eighteen (18), you must seek parental and/or guardian approval before accessing and/or using the Service. We consider that it is the responsibility of parents and/or guardian to monitor their children’s use of the Service. By accessing and/or using this site and Service, you represent and warrant that you are above eighteen (18) and have the right, authority and capacity to enter into this agreement comprising the T&C and to abide by all of the terms and conditions of the T&C.

Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in these T&C. By submitting your information you are consenting to these transfers.

The Services may contain Linked Website that is not owned or controlled by Us. We have no control over and assume no responsibilities for, the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third party websites. By using the Service, you expressly relieve Us from any and all liability arising from your use of any third party websites. Accordingly, we strongly encourage you to be aware when you leave Our website and read the terms and conditions as well as privacy policy of each of these third party websites that you visit.

Registration and User Data

We may require you to register or otherwise provide information about yourself in order to use the Service or certain of its functionalities. You agree to: (a) provide true, accurate, current and complete information about yourself ("User Data") as prompted by the Service; and (b) maintain and promptly update any User Data provided during registration, if applicable, to keep it accurate and current. You consent and agree that ActiveTV may access, preserve and disclose your User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of ActiveTV, its users and the public.

Submission of Content/User Generated Content

We may provide the means for you to submit information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials ("Content") to the ActiveTV Service. You are solely responsible for any Content that you submit and the consequences of submitting it. You agree not to submit any Content to ActiveTV unless you have received all necessary rights and lawful authorizations to submit such Content, and by submitting said Content, you affirm you have all such rights and lawful authorizations. For the purpose of this Terms, the Content submitted by a user is also called “User Generated Content” or “UGC”.

You may be invited to post any Content on the Service (including on or to your profile) and you agree, by submitting your contribution, to grant ActiveTV (and its group of companies) a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full terms of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in this Terms.

You understand and agree that We may retain and store, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted to Us by you in User Generated Content is irrevocable.

ActiveTV may, in its sole discretion but without any obligation to remove Content that is alleged to have been submitted in violation of this provision. In addition, ActiveTV may require additional evidence of compliance with this provision from users who are alleged to have submitted Content in violation of this Agreement. ActiveTV in its sole discretion, is entitled to terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates this Agreement, without notice.

We do not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaims any and all liability in connection with User Generated Content. We do not permit activities which infringe intellectual property rights including copyright, and We will remove all infringing contents and User Generated Content upon notification that such Content or User Generated Content infringes on another’s intellectual property rights. The User Generated Content transmitted in the Service does not represent the view of ActiveTV or policy. Users shall be solely responsible to verify the authenticity, legitimacy, harmfulness of the User Generated Content on the Service.

Use of Content

You understand that all Content available in connection with the Service are the sole responsibility of the person from whom such Content originated. ActiveTV does not control or monitor the Content available in connection with the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ActiveTV be liable to you or any third party in any way for any Content, including, but not limited to, Content that is offensive, indecent or objectionable, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.

You acknowledge and agree that the Service is provided to you solely as a streaming or "download to view on temporary basis only" service. You agree not to retain any copy of the Content provided via the Service after viewing it, even if your device is capable of retaining Content in its internal or removable memory. You acknowledge that ActiveTV may or may not pre-screen or monitor Content, but that ActiveTV and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, disable access to or remove, any Content that is available via the Service.

Restrictions

The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service. You agree to not use the Service to transmit or otherwise make available: (a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or in violation of the rights of another person; (b) any Content that you do not have a right to make available under any law (including intellectual property laws) or under contractual or fiduciary relationships; (c) any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes". or any other form of solicitation; or (d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree not to: (i) interfere with or disrupt the Service or servers or networks connected to the Service in any manner, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law (including but not limited to export control laws); (iii) use the Service to harm minors in any way; or (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to access the Service: (x) by any means other than through the interface that is provided by ActiveTV for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

Linked Website

Our site and Service may contain Linked Websites and include advertisements. You acknowledge and understand that Linked Websites and advertisements are necessary for Us to provide the Service. Such Linked Website and advertisements are provided to you only as a convenience. We shall not be responsible if the Linked Website is not working appropriately. We have no control over such Linked Website and resources and We shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and We do not endorse any content, advertising, products, or other materials on or available from such Linked Website or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.

Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. We have no responsibility or liability for any merchant or your relationship with such merchant.

Use of Provided Communications Methods

You agree to use communication methods available on the Service (if any) only to send communications and materials related to the subject matter for which ActiveTV provided the communication method and only subject to these Terms. You agree that (a) all communication methods constitute public means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by ActiveTV in any manner, though ActiveTV reserves the right to do so at any time at its sole discretion in accordance with the Terms.

Proprietary Rights

You acknowledge and agree that the Service, any necessary software used in connection with the Service ("Software") and any Content available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that the Service is provided to you solely as a Content streaming or "download to view on temporary basis only" service and for your personal, non-commercial home use only. You agree not to retain any copy of the Content provided via the Service after viewing it, even if your device is capable of retaining Content in its internal or removable memory. ActiveTV grants you a restricted personal, non-transferable and non-exclusive license to access and use the Service on a single device solely as contemplated in these Terms, provided that you do not reverse engineer or otherwise attempt to discover any source code of the Service.

The term ActiveTV, the stylized ActiveTV logo and "bug" and any other ActiveTV product and service names are the exclusive trademarks of, and are owned by ActiveTV, and you may not use or display such trademarks in any manner without ActiveTV's prior written consent. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.

If you provide comments, suggestions or feedback about, or in connection with, the Service to ActiveTV or its site, you hereby grant to ActiveTV a perpetual, irrevocable, non-exclusive, fully-paid-up license to use, reproduce, modify, create derivative works of, make, have made, sell, offer for sale, distribute, import and otherwise exploit such suggestions or feedback in connection with the products, services and business of ActiveTV, including the right to sub-license any of the foregoing rights to others.

Disclaimer and Limitation of Liability

We make no warranty that the Service will meet your requirement or that the Service will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Service or your account are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. All use of the Service is at your own risk and you are solely responsible for all damages resulting therefrom.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY USER GENERATED CONTENT (POSTED ON THE SITE) OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Service, any user, or any other person related to or resulting from use of the Service, viewing, playing or downloading any materials on or from the Service, or otherwise in any way in connection with the Service. The Service is provided on an "AS-IS" basis and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Service shall create any warranty not expressly stated herein.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES AND/OR DAMAGES WHATSOEVER SUFFERED INCURRED AND/OR SUSTAINED BY YOU THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, ANY CHANGES TO THE SERVICE OR UNAUTHORISED ACCEESS TO OR ALTERNATION OF YOUR TRANSMISSION OR DATA, OR COMMUNICATION, TRANSMISSION, MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR ARISING IN CONNECTION WITH THE FRAUDEULENT OR UNLAWFUL ACTS OF ANY THIRD PARTY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SERVICE, ITS CONTENT, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR WITH THE PROVISION OF THESE TERMS AND NOTICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USE THE SERVICE.

Indemnity

You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Service fully harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from (a) your use of or conduct or access to and on the Service; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (d) any claim that one of your User Generated Content caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Service. This clause is for the benefit of ActiveTV and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Service. Each of these individuals or entities shall have the right to assert and enforce this clause directly against you on its own behalf.

Termination

Without limiting anything herein contained, We reserves the right to cancel, withdraw, terminate or suspend your access to the site and the Service for any reason whatsoever at is sole discretion without notice to You.

In addition to any termination rights We may have under these Terms, We may suspend or terminate your account, membership and/or access to the site and Service without notice and in its sole discretion if:

(a) We, at our sole discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services; or

(b) We suspect fraudulent use; or

(c) You materially violate these T&C, any applicable law, rule or regulation relating to the use of the site and Service; or

(d) Any law, regulation, or governmental action renders all or any portion of the site or Service unlawful or impracticable; or

(e) Your use of the site impairs or threatens to impair the integrity or functionality of the ActiveTV’s network in any manner; or

(f) if We believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CANCELLATION, WITHDRAWAL, TERMINATION OR SUSPENSION OF YOUR ACCESS AND/OR USE OF THE SERVICE AND YOU HEREBY RELEASE US FROM ANY LIABILITY WHATSOEVER.

We may remove such User Generated Content and/or suspend and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and in Our sole discretion.

Notice and Procedure For Making Claims of Infringement

ActiveTV respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ActiveTV's Copyright Agent the information specified below. Please note that this procedure is exclusively for notifying ActiveTV that your copyrighted material has been infringed or your intellectual property rights have been violated.

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) your address, telephone number and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

For notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: [email protected].

We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and ActiveTV with respect to your use of the Service. The failure of ActiveTV to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and ActiveTV shall be governed by the laws of Victoria, Australia without regard to its conflict of law provisions. All claims arising out of or relating to the Terms or the Service shall be subject to the courts in Victoria Australia, and you consent to personal jurisdiction in those courts. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.