ACCTV Terms of Service

 

ACCTV Terms of Service

 

ACCTV offers you (“you” or “your”) a live (“live” or “livestream”) television broadcast services through ACCTV’s website www.acc.tv (”Website”) and online App services (“Apps”) including Apple TV, Amazon Fire, Google Android TV and Roku TV. Television services offered to you through Website or Apps and any part thereof are collectively referred to in these terms as the “Service”. This is a binding legal document between ACCTV and you and explains your rights and obligations as a user of the Service. By using the Service you acknowledge and agree to the terms of this license and the ACCTV Privacy Policy (collectively ”Terms”), which is incorporated herein by reference and can be found on the Website. If you choose not to agree with these Terms, you may not use the Service.

CHECK RESTRICTIONS ON USE: In some countries there are licence restrictions on the use of the Service. It is your responsibility to ensure that you are legally allowed to use the Service where you are located.

  1. Acceptance of the Terms

In order to download and/or use the Service you must first accept these Terms. These Terms are accepted by you:

(a) when you click to accept or agree to the Terms; or

(b) when you download the App and/or use the Service; or

(c) when you sign-up to receive the Service.

You cannot accept these Terms if:

(a) you are not lawfully entitled to use the Service in the country in which you are located or reside; or

(b) if you are not of legal age or otherwise competent to form a binding agreement with ACCTV.

These Terms will remain effective from the date of acceptance until terminated by you or ACCTV in accordance with these Terms. ACCTV shall have the right to change or modify these Terms from time to time. If ACCTV decides to do so, the changes and new Terms will be posted to the Website. Any changes and the new Terms will be effective after they are posted to the Website. By continuing to use the Service after any changes, you are accepting such changes and the new Terms. If you do not agree to the Terms, you must discontinue use of the Service and uninstall the Apps.

These Terms will govern any and all upgrades or modifications to the Service, unless such upgrade or modification is accompanied by separate terms and conditions in which case those terms and conditions will govern.

  1. Licence

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable license to use the Service. The Service is for your individual use. You must not resell or commercialise the Service to any third party.

You may not distribute or make the Service available over a network. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or Website, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Service or Website, if any). In addition, any commercial copying or distribution, publication or exploitation of the Service, or any content, software, code, data or materials on or from the Website, are strictly prohibited unless you have received express prior written permission from ACCTV or the applicable rights holder.

You may link to the Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage ACCTV’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by ACCTV where none exists. You may not frame the Website on any other site. ACCTV may revoke the permission to link to the Website at any time at its sole discretion.

ACCTV reserves all rights not expressly granted to you.

  1. Consent to Use of Data and Content of Communications

How ACCTV receives, collects and uses information about you from your use of the Service in general, including Personal Information, is more fully described in the ACCTV Privacy Policy (“Privacy Policy”). The Privacy Policy, as in force from time to time, is available on the Website.

By using the Service, you understand and agree that ACCTV may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service.

You are responsible for safeguarding Username(s) and any passwords that you use to access the Service or Website and you agree not to disclose your password to any third party. You are responsible for any activity using your account relating to the Service or Website (if any), whether or not you authorised that activity. You should immediately notify us of any unauthorised use of your account or the Service.

You understand and acknowledge that ACCTV is not the producer or owner of all content broadcasted and therefore does not verify or endorse and takes no responsibility for the content provided on the Service, including but not limited to any media or other content that is shared through any feature of the Service. ACCTV is not responsible for the accuracy, completeness, appropriateness, security or legality of any content you may be able to access using the Service. In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we are not liable to you for content that may be found to be offensive, indecent, or objectionable.

Service or Website may include hyperlinks to other third party websites. ACCTV is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.

  1. Fees and Charges

The live broadcast Service is currently free to use but ACCTV reserves the right to add fees or other charges for the Service or any parts thereof at any time. ACCTV may also offer you additional features of the Service for a fee or charge. If ACCTV decides to add fees or other charges to the Service, ACCTV will inform you for such fees or charges to become effective. If you do not agree to the fees and charges, you must discontinue the use of the Service and uninstall the Application.

ACCTV reserves the right to sell or feature advertising and other commercial or sponsored content within the Service. ACCTV may specifically target advertising to you that ACCTV believes to be more relevant to you, based on your Service usage. You consent to receive any such advertising or promotion by using the Service.

  1. Termination

You may terminate your account and these Terms at any time.

ACCTV may stop, disable access to, suspend, update or modify the Service or impose limits on the use of or access to the Service at our discretion.

ACCTV may terminate your account and these Terms:

(a) if you are in breach of these Terms;

(b) if ACCTV reasonably suspects that you are using the Service to break the law or infringe third party rights;

(c) if ACCTV reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;

(d) if ACCTV reasonably suspects that you are using the Service fraudulently or that the Service is being used by a third party fraudulently;

(e) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of ACCTV’s partners;

(f) you have not accessed the Service for more than six (6) months; or

(g) if you don’t agree with changes or amendments to these Terms.

  1. Technical info, Updates, Technical Improvement and Maintenance

ACCTV makes no representation that the Service is available for use in any particular location. ACCTV cannot guarantee that the Service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service, and may result in the failure of your communications including, but not limited to, your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. ACCTV takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which ACCTV has no control.

ACCTV may automatically check your version of the Application. ACCTV may also automatically download configuration changes and updates to the Application from time to time. You may be required to update the Application in order to continue using the Service. ACCTV is not obligated to make any updates available and does not guarantee that it will continue to support any versions or any operating systems or devices or that Service will be compatible to be used with all other end users.

  1. Your Obligations

You must use the Service in accordance with the laws of where you are located. In some countries there may be restrictions on the download and/or use of the Service. It is your responsibility to ensure that you are legally allowed to use the Service in the country where you are located. The Application may also be subject to international rules that govern the export of software. You must comply with all applicable international and national laws that apply to the Application as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.

You are solely responsible for acquiring all equipment required to use the Service, including but not limited to Internet access and devices such as computers, smart phones, smart TVs, Apple TV, Amazon Fire, Google Android TV and Roku, and all the costs relating thereto. The Service may use the processing capabilities, memory and internet connection of the device you are using. If your use of the Service is dependent upon the use of a device internet connection owned or controlled by a third party, you acknowledge and agree that your licence to use the Service is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

Using the Service on mobile devices (if available) will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

  1. Ownership Rights

The Service, including the Website and Application (including any content or information contained therein) and all copies thereof, are protected by copyright and other intellectual property laws and treaties. ACCTV or its licensors own the title, copyright, and other intellectual property rights in the Website, Application and the Service and all copies, modifications and derivative works thereof, and the underlying software (including any user feedback) (“ACCTV’s Rights”), and your use of our Service or Website does not grant to you, nor do you acquire any, ownership rights in the ACCTV’s Rights.

The Name “ACCTV”, associated trademarks and logos are the property and/or trademarks of ACCTV. ACCTV’s name, trademarks, logos and trade dress may not be used in connection with any product or service that is not ACCTV’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ACCTV. All other trademarks not owned by ACCTV or any of its related companies that appear on the Service are the property of their respective owners. You must not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of ACCTV’s intellectual property (in whole or part) or that is confusingly similar thereto.

  1. Exclusion of Warranties, Limitation of Liability and Indemnity

For the purposes of this paragraph 9, “ACCTV” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Service, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. If any third party brings a claim against ACCTV in connection with, or arising out of:

(a) your breach of these Terms;

(b) your breach of any applicable law of regulation;

(c) your infringement or violation of the rights of any third parties (including intellectual property rights); or

(d) your submissions to the Service,

you will indemnify and hold ACCTV harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

  1. ASTRA Codes of Practice

ASTRA (Australian Subscription Television and Radio Association) is responsible for the development of the Codes of Practice for the subscription broadcasting and narrowcasting industry in Australia.

The development of the Codes of Practice are a condition of licence and are part of a co-regulatory scheme under which the industry operates. The codes cover areas such as program content and classification, advertising, privacy, subscriber service obligations and complaints procedures.

The Broadcasting Services Act 1992 determines the legislative requirements under which the Codes of Practice are developed, reviewed and registered with the Australian Communications and Media Authority.

If you have a concern with a program or the service provided by ACCTV, please contact us first, in order that it may be attended to as soon as possible.

 

Link to Astra Codes of Practice http://www.astra.org.au/advocacy/codes-of-practice

  1. Miscellaneous

You agree to the use of electronic communication in order to enter into contracts, place orders  and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with ACCTV.

These Terms (including the Privacy Policy) are the entire agreement between you and ACCTV relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these Terms. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions continue in full force and effect. These Terms may not be modified or amended except as described herein by ACCTV or otherwise with the written agreement of ACCTV.

The failure by ACCTV to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law does not constitute a waiver of ACCTV’s right or remedy. If ACCTV waives a breach of these Terms, it is not a waiver of any subsequent breach of the Terms.

This paragraph 11, along with paragraphs 8 and 9 and any other provisions which are expressed or clearly intended to survive or operate in the event of termination, survive termination of the Terms.

These Terms are governed by and interpreted in accordance with the laws of Queensland, excluding its conflict of law rules, and shall be subject to the exclusive jurisdiction of the courts of Queensland.