Copyright

Version 1.1
Dated 1 June 2018

COPYRIGHT

REVid Systems Pty Ltd


Effective Date: 01/06/2018

 

EXTRACTS From Terms and Conditions that relate to Copyright.  Please read in conjunction with the Revid Systems Pty Ltd (ABN 94 111 076 254) Terms and Conditions.


5. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS

a. We may provide You with certain other Items in connection with Your use of the Product.

b. Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.

c. You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.


6. COPYRIGHT AND PERMITTED USE OF FINISHED ITEM

a. Items accessible from this website platform are subject to copyright. Other than the fair dealing permitted by the Copyright Act 1968, We permit You permission to download and use copyright material only for private and limited specified purposes. You may not use the Items for radio, television or cinematic broadcast purposes under any circumstance as the Items are not licensed for this type of use.

b. Except as permitted by the copyright law applicable, You may not reproduce or communicate any of the content on this website, including the downloadable items (finished video files) outside of the specific intended use without Our consent and permission.  For any other non-permitted use of our copyright material, You must obtain written permission from Us or the relevant copyright owner. Any granted permission is subject to the requirements of the copyright owner’s interest in the material and may require the payment, through Us, of further financial consideration.  If further financial consideration is payable, these costs will be your responsibility.

c. The Australian Copyright Act allows certain uses of content from the internet without the copyright owners permission.  This includes uses by educational and by Commonwealth and State governments, provided fair compensation is paid.  For more information, see www.copyright.com.au or www.copyright.org.au.


16. EXCLUSION OF LIABILITY

a. The Product, Content and Materials are provided for general information only and may change at any time without prior notice.

b. You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.

c Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Product suits Your particular purpose.

d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.

f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.

h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.


17. INDEMNITY

You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.


20. ACCEPTABLE USE

a. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.

b. You further agree not to use the Product or the Items: (i) to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights; (ii) to violate any intellectual property rights of Us or of any third party; (iii) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another; (iv) to commit any kind of fraud; (v) to engage in or create any unlawful gambling, sweepstakes or pyramid schemes; (vi) to publish or distribute any obscene or defamatory material; (vii) to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community; (viii) to unlawfully gather information about others.

c. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.


21. CONTENT PROVIDED BY YOU

a. You are required to submit content to Us as part of the Product function of supplying You with the items.  This means You may provide to Us content including, but not limited to, information, descriptions, text, photographs, logos, designs or other material that We have accepted from You.

b. You retain ownership of content provided by You subject to these conditions. 

c. You irrevocable give Us a worldwide, non-exclusive, royalty-free, perpetual, transferable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform, in any medium, whether currently in existence or not.  If required, You also grant each viewer or user of the Product an irrevocable non-exclusive licence to use, reproduce, distribute and display the content provided by You.

d. In Your actions of submitting the content You warrant that You own and/or control all the rights to the content provided by You or you have the lawful right including all necessary licences, rights, consents, and permissions to the contents use and therefore unreservedly give Us permission and authorise Us to accept the content provided by you and use the content provided by You in the Product.

e. Furthermore, You represent and warrant that the content provided by You:

(i) does not infringe the intellectual property rights of any other party, and that if necessary or required You agree to pay all royalties, fees or any monies payable; (ii) is not misleading or deceptive; (iii) is correct or not materially incorrect; (iv) are not likely to cause offence or are not obscene, hateful, racially or ethnically offensive; (v) do not defame; (vi) is not unlawfully provided or a promotion of unlawful conduct; or (vii) is inappropriate or not fit for purpose.

f. We may remove any content provided by You at without consultation or notice to You if We considers that the content provided by You:

(i) is in breach of any law or regulation; (ii) is misleading or deceptive; (iii) is materially incorrect; (iv) is likely to cause offence; (v) is obscene, hateful, racially or ethnically offensive; (vi) is in breach of any law or regulation; (vii) is not unlawfully provided or a promotion of unlawful conduct; (vii) is inappropriate or not fit for purpose; (viii) infringe the intellectual property rights of any third party; (ix) is required by a regulatory body or any relevant authority pursuant to a properly formatted regulatory or legal notice; (x) is technically inhibited or corrupted, including any links to malware or other malicious code.


22. RESPONSIBILITY OR LIABILITY FOR CONTENT PROVIDED BY YOU

a. To the maximum extent permitted by law, We have no responsibility or liability for any content provided by You or any infringing content provided by You, or for any loss or damage suffered by You or any other person because of the Product storing, holding, or making available, any content or infringing content to any person or party.

b. We are under no obligation to review any content provided by You to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains falsehoods or is considered not compliant material.

c. You may contact Us and ask Us to remove any content provided by You from the Product.  You agree to help Us and follow any reasonable procedures and You agree to provide reasonable information, as We deem necessary, including but not limited to information verifying your identity and the basis upon which you request the content be removed.

d.  You acknowledge that notwithstanding your request, We are under no obligation to remove any content in a specified timeframe unless specified by law.

e. You acknowledge that removed content is done on a without prejudice basis, and upon such removal, You agree to release Us from any action, claim, proceedings, damages or other obligation which you may make, institute or claim against Us in relation to the content provided by You.  Specifically, You indemnify and keep indemnified, Us, as a direct or indirect result of any legal proceedings or any claim made against Us by a third party, which arises directly or indirectly from any content provided by You.


27. INTELLECTUAL PROPERTY

a. The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter "Company IP").

b. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.

c. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.

d. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.

e. You hereby acknowledge and agree that by adding, posting or uploading any Content on the Product (hereinafter "Your Content"), you grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and transferrable right and licence to use Your Content in any way We choose. This licence includes a right and licence to: (i) reproduce, copy, alter or make derivate works from Your Content in any way We choose; (ii) display, communicate to the public, broadcast or transmit Your Content in any way We choose, and; (iii) authorise any other person, company or organisation to use Your Content in any way We choose.

f. You represent and warrant to Us that You have all necessary rights to grant the licences and to provide the consents set out in this clause in relation to "Intellectual property".

g. All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of these Terms.


33. CONTACT US

You can contact us about these Terms using the following details:

info@revid.com.au

1300 100 111

Suite 90, 102 Railway Street
West Perth Western Australia 6005