TERMS OF USE

Welcome to iStreamTV Pty Ltd We provide our service to you subject to these Terms of Use (“Terms”). By creating a user account with us or otherwise using the software, services or accessing the content on our web site you agree to comply with and be bound by these Terms. Please note that we may change or modify these Terms from time to time, so please check this page periodically for revised Terms. Your continued use of our site or accessing of its content following our posting of any updated Terms will constitute your consent to the updated Terms. You must be at least eighteen (18) years old and legally competent to use our service.
 1. Our Service. We provide the users of our web site with access to, and the ability to post, a wide variety of Internet content and resources (the “Service”). Any added features changing, enhancing or supplementing the current Service will also constitute part of that Service and be subject to these terms, unless expressly stated otherwise.
 2. Registration. If you wish to provide any information to us in connection with the Service, you will: (a) provide correct, accurate, current and complete information as requested by our registration form (referred to in these Terms as “Registration Information”), and (b) promptly update the Registration Information as necessary to keep it correct, accurate, current and complete. If you provide us with any information that we suspect is incorrect, inaccurate, not current or incomplete, we may refuse to provide you with any access to or use of the Service, in whole or in part. You may not select a member ID that is intended to mislead others about your identity and you may not establish more than one account with us.
 3. Privacy Policy. Registration Information and certain other information about you or that you provide is subject to our Privacy Policy, a current version of which may be viewed at iStreamTV Pty Ltd’s Privacy Policy.
 4. Password and Security. If you register as described in Section 2, you will select a user name and password during the registration process for the Service. It is your responsibility to maintain the confidentiality of your password, and you will be fully responsible for all uses of your password, whether authorized by you or not. You will immediately notify us of any unauthorized use or disclosure of your password. We will not be liable for any loss, liability or damages that you incur resulting from the unauthorized use of your password.
 5. Your Conduct. You understand that all articles, information, text, data, images, graphics, music, sound, videos or other materials (“Content”) posted on our site by you are your sole responsibility, and we will not be liable for any loss, damages, liabilities or expenses in connection with such Content. We do not necessarily control the Content posted using the Service. Therefore, we cannot and do not guarantee the accuracy, integrity, quality or legality of such Content. You understand that by using the Service, you may encounter offensive, indecent, untruthful or otherwise objectionable Content. You will evaluate and bear all risks associated with any Content you upload, transmit or use, including without limitation any reliance on the accuracy or completeness of such Content. You will promptly report to us any violation of these Terms of which you become aware. You will not do any of the following:
upload, post or transmit any Content that is illegal, abusive, threatening, harassing, defamatory, obscene, hateful or otherwise tortious; upload, post or transmit any Content that you are prohibited from uploading or transmitting under any law or contractual or fiduciary relationship; upload, post or transmit any Content in violation of any patent, trademark, trade secret, copyright or other proprietary right of any third party; upload, post or transmit any unsolicited or unauthorized advertising, promotional materials, spam or other solicitations; upload, post or transmit any material containing software viruses or other harmful code; harm any minor; impersonate any person or entity or misrepresent your affiliation with any person or entity; attempt to disguise the origin of any Content; interfere with or disrupt the Service or our servers or networks, or otherwise disobey any requirements or policies of networks connected to the Service; violate any applicable local, state, federal or foreign law, including without limitation any export or import regulation; or collect or retain any personal information about other users of the Service. 
6. Our Rights and Obligations Concerning the Content. We do not pre-screen Content and have no obligation to monitor Content. However, we and our agents have the absolute right and discretion, but not the obligation, to reject, modify or remove any Content from the Service. For example, we may remove any Content that violates these Terms or that we otherwise deem objectionable. We may retain and display any Content on our web site or otherwise for any period of time that we deem appropriate. We may transmit the Content over various third party networks. Additionally, we may retain or disclose any Content if we determine that such retention or disclosure is necessary to comply with any applicable law, enforce these Terms, respond to claims that the Content violates the rights of any third party, or protect the rights, property or safety of us, our users and the public. You understand that while we may currently allow you to edit and/or delete Content provided by you, we may at any time and without notice restrict your ability to do so. In addition we may not be able to effect changes that you make to Content provided by you in any corresponding version being displayed somewhere other than on our web site. We will not under any circumstances be liable in any way for the Content available through the Service, including without limitation for errors or omissions in any Content, or for loss or damage of any kind as a result of any Content posted or otherwise transmitted using the Service.
 7. License to Content. With respect to all Content that you provide to us or that you post via the Service, you grant to us a fully-paid-up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, display and perform such Content, in whole or in part, anywhere in the universe, and to incorporate it in other works in any form, media or technology now known or later developed.
 8. Rewards Programs. We may in our discretion provide you with access to one or more rewards programs as part of our Service in exchange for your providing Content for our site (“Rewards Programs”). As a participant in a Rewards Program, you may be entitled to receive money or other compensation, as provided for in the description of any such program that we post on our site. You agree that if you become a participant in a Rewards Program, you will at all times abide by all rules and policies that we set in connection with such program, as we may amend those rules and policies from time to time. You will be fully responsible for paying your local, state, federal and other taxes that may be payable on any compensation received by you in connection with your participation in any Rewards Program. You agree that we may request your Social Security number and other appropriate tax-related information to use to comply with applicable tax laws. We reserve the right to refuse to pay the amounts credited to your account in any Rewards Program if you are in violation of this Agreement. You understand and agree that we may offer, terminate and change Rewards Programs in our discretion by providing notice on our site, and we will have no liability to you for terminating or changing any such program.
 9. Indemnification. You will indemnify and hold us, our directors, employees, agents and affiliates harmless from and against all claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any Content you submit to us or post via the Service, your use of the Service, or your breach (or alleged facts that if true would constitute your breach) of these Terms.
 10. No Resale. You may not sell, license, reproduce or use for any commercial purpose any portion of the Service.
 11. Modifications and Discontinuation of Service. We may at any time modify or discontinue the Service, in whole or in part, temporarily or permanently, and with or without notice. We will not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
 12. Termination of Service to You. We may terminate your password or use of the Service and/or remove and discard any Content within the Service for any reason, including without limitation for your lack of use of the Service or if we believe that you have violated or acted inconsistently with these Terms. Any termination of your access to the Service, in whole or in part, and any deletion of any Content you provide, may be done without prior notice. We will not be liable to you or to any third party for any termination of your access to the Service. Our rights and your obligations under these Terms will survive any termination of your access to the Service.
 13. Dealings with Third Parties. Your dealings with third parties in connection with the Service are solely between you and such third parties. We are not responsible or liable for any loss or damage incurred by you or any third party as a result of those dealings.
 14. Third Party Links. The Service or third parties may display links to other web sites and resources. We have no control over such sites and resources. Therefore, we are not responsible for the availability of such sites and resources. In addition, we do not endorse and are not responsible for any associated Content, advertising, products, services or materials available on or from such sites and resources, nor are we liable for any damage or loss in connection with any use of or access to the same.
 15. Proprietary Rights. As between you and us, the Service and any software used in connection with the Service (“Software”) is owned by us, together with all associated right, title and interest. You acknowledge that the Service, the Software and any associated Content, as well as content contained in sponsor advertisements, is protected by intellectual property laws and other laws. You will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You may not (and you shall not allow or permit others to), directly or indirectly, reproduce, modify, create a derivative work from, reverse engineer, decompile or otherwise attempt to discover the source code from, sell, assign, sublicense, encumber or otherwise transfer any right in or to the Software, the Service or any Content on our site, except as expressly permitted in this Agreement. You will not attempt to access the Service other than by a means that we have intentionally provided to you. iStreamTV Pty Ltd, and our logos, trademarks and service marks (collectively the “Marks”) are our sole property. You may not use or display any of the Marks in any manner without our express written consent. If you believe that we or any user of our site has infringed any of your copyrights in any material way, please notify our Copyright Agent and provide the following information:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
· An identification of the copyrighted work claimed to have been infringed.
· An identification of the material that you claim is infringing so that we may locate it on the site.
· Your address, telephone number, and email address.
· 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.
· A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Our Copyright Agent can be reached at: support@istream.com.au
 
16. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT:
 16.1. YOU ARE SOLELY RESPONSIBLE FOR ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND IN CONNECTION WITH THE SERVICE, THE CONTENT AND THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
16.2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT (A) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (B) THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, (C) THAT ANY CONTENT AVAILABLE VIA THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THAT THE QUALITY OF ANY CONTENT, GOODS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICE WILL MEET YOUR EXPECTATIONS, (E) AVAILABILITY OR CONTINUATION OF CONTENT, CONTENT SERIES, CHANNEL LINEUP OF ANY KIND, OR (F) THAT ANY ERRORS IN THE SERVICE, CONTENT OR SOFTWARE WILL BE CORRECTED.
16.3. YOU BEAR ALL RISK ASSOCIATED WITH ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
16.4. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY SET FORTH IN THESE TERMS.
 17. Limitation of Our Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICES OR ANY ASSOCIATED CONTENT OR SOFTWARE; (B) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS OR SERVICES OBTAINED FROM OR THROUGH US; (C) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR CONTENT OR OTHER INFORMATION; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY VIA THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, OR THE ASSOCIATED CONTENT OR SOFTWARE.
 18. Scope of Exclusions and Limitations. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE EXCLUSIONS AND LIMITATATIONS IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.
 19. Indemnification. You agree to defend, indemnify and hold harmless iStreamTV Pty Ltd, its officers, directors, employees and agents, and officers, directors, employees and agents of subsidiaries or affiliated companies from and against any and all claims, damages, obligations, losses, costs and/or liabilities, from your use of iStreamTV Pty Ltd’s services, software and or website; and your violation of any term or Section within the Terms of Use, including any violation of any third party right, including without limitation any copyright, property, or privacy right. This Section will survive your use of iStreamTV Pty Ltd’s services.
 20. Notice. We may provide notice to you either by email or regular mail to the address you provide to us in your Registration Information. We may also provide notices of changes to these Terms or other matters by displaying notices or associated links generally on the Service. For purposes of the Digital Millennium Copyright Act, you may contact our copyright agent for service of notice at support@istreamtv.com.au (copyright agent contact information noted in Section 15). Please be sure that your notices fully comply with the requirements of that act.
 21. General. These Terms constitute the entire agreement between you and iStreamTV Pty Ltd with regard to the subject matter set forth herein, and supersede any prior agreements between you and iStreamTV Pty Ltd, whether written or oral. You may also be subject to additional terms and conditions when you use affiliate services or third party content or software. These Terms will be governed by California law, without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue of the N.S.W federal courts located in and serving the County of Australia. iStreamTV Pty Ltd makes no representations that iStreamTV Pty Ltd’s services or software is appropriate for use in other states or countries outside Australia and is not responsible for complying with laws of states or countries outside the Australia. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. [Please note that the words “we,” “us” and “our” refer solely to iStreamTV Pty Ltd and not to both of the parties collectively]. The headings and section titles in these Terms are for convenience only and shall not constitute a part of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of the Terms shall remain in full force and effect. Regardless of any law to the contrary, any claim or cause of action arising out of or relating to these Terms or their subject matter must be filed within one (1) year after such claim or cause of action arose or be forever barred.