Terms and Conditions

 

Pride TV info

 

Pridetv.com.au attaches, and shall continue to attach great importance to the collective nature of the website, while respecting the rights of all. WE ASK THAT YOU READ THESE TERMS OF USE CAREFULLY. If you have any questions, please do not hesitate to contact us.

THESE GENERAL TERMS OF USE (“TERMS”), WHICH ARE GOVERNED BY THE LAWS OF THE STATE OF VICTORIA IN THE COUNTRY OF AUSTRALIA.” (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE PRIDETV.COM.AU WEBSITE, THE “WEBSITE”), PUBLISHED BY PRIDETV.COM.AU BY ACCESSING/VISITING OR USING THE WEBSITE IN ACCORDANCE WITH THE TERMS SET OUT BELOW OR ON THE WEBSITE (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY (“YOU” OR “YOUR” AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF PRIDETV.COM.AU INCLUDING BUT NOT LIMITED TO, PRIDETV.COM.AU PRIVACY POLICY. IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO PRIDETV.COM.AU THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.

1. Description of the Website

PRIDETV.COM.AU is an innovative and original video hosting website which enables users to access, view, upload, share and comment on their personal and professional videos. Since the Website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.

2. Your intellectual property rights

If you have registered or use PRIDETV.COM.AU account pursuant to which you upload video or image files you create, including comments on videos, your nickname and your avatar (“Your Content”), PRIDETV.COM.AU does not own your content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. mobile phones), for the entire period in which your content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorise us to reproduce/display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content – are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.

3. Other users’ intellectual property rights

Other users of the Website have provided other content subject to the Terms and other notices and policies set forth on the Website. You may access other users’ content solely:

  • for your information and personal use;
  • as intended through the normal functionality of the Website; and
  • for Streaming.

“Streaming” means a digital transmission of an audiovisual work via the Internet from the Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user’s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.

 

 

4. Our intellectual property rights

The Website is our exclusive property. As a general matter, we grant you a personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users’ content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “PRIDETV.COM.AU Content”), is the exclusive property of PRIDETV.COM.AU and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. PRIDETV.COM.AU Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of PRIDETV.COM.AU or PRIDETV.COM.AU licensors. You agree to not use or exploit the PRIDETV.COM.AU Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Sportyblokes.com Content. All rights not expressly granted in the Terms are reserved to pridetv.com.au and its licensors.

5. Our liability as host

We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure prescribed by international law, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to international law, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.

6. Your liability as user

As a supplier of content on the Website, including videos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website (i) does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorizations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).

By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.

Failure to comply with these provisions will result in Your Content being removed as set out in paragraph 5 and/or your account being deactivated or content removed without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content. A “this video may offend” link appears next to each Player in order to allow misuse to be reported by other users, should this be necessary.

7. Registration and access

In order to use the Website’s features, you must set up an account using the online registration form. You are free to modify the personal data you provide on the form at any time. Upon validating the form, you will/may receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, or account deletion subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.

8. Availability of the Website

In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavors, we shall not be liable for damage of any kind due to the Website being unavailable.

9. Proof, retention and storage

The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.

 

PRIVACY POLICY

We at pridetv.com.au understand and respect your privacy and we are committed to complying with the National Privacy Principles (NPP), which are contained in the Privacy Act 1988.  And International Laws. This privacy policy describes how we collect and use information about you when you use the pridetv.com.au website and/or the Service.

1. Collection and use of personal information

We may request and collect information that may personally identify you or allows us to contact you when you register to use the pridetv.com.au website or the Service. Such information may include your name, email address, user identification password and other information collected by us or our cookies (described below) (collectively Personal Information). You may also provide us with Personal Information in the process of submitting questions and answers while interacting with us. We do not collect potentially sensitive information about you (Privacy Principles 7, 8, 9 & 10), unless it is needed or desirable for us to operate the Service .

We use your Personal Information to operate the Service, to create and share reports about your transactions, and to arrange or notify you of events. We will not disclose your Personal Information to a third party without your permission (Privacy Principle 1 & 2).

2. Cookies

Cookies are very small text files placed on your hard drive by a computer server. It is like your identification card and is uniquely yours. A cookie can only be read by the server that gave it to you. Cookies tell us that you returned to a specific web page on the pridetv.com.au website, and help us track your preferences and transactional habits. Cookies help us personalise your experience at the pridetv.com.au website by permitting our computer server to “remember” who you are. Potentially some of the advertisers on the pridetv.com.au website use cookies to collect similar information, but we do not control the use of cookies by other web site operators or advertisers.

3. Other situations in which personal information may be disclosed

We may store and disclose Personal Information allowed or required by applicable law or when deemed advisable by us. This means that we may make disclosures that are necessary or advisable to conform to legal and regulatory requirements or processes and to protect the rights, safety and property of us, users of the pridetv.com.au website or the Service, and the public.

We take reasonable steps to ensure security of your Personal Information by password protecting access to any personal information.

4. Alterations and queries

If at any time, you wish to view, update, alter or delete we may have on you, or if you have a complaint about your online privacy, please contact us(Privacy Principles 3, 5 & 6).

5. Changes to this privacy statement

We may make changes to this privacy policy from time to time. We will post changes to this privacy policy here, so be sure to check back periodically. We may also notify you of significant changes by email or in other ways.

 

 

TERMS AND CONDITIONS OF ACCESS AND USE

  1. We, pridetv.com.au, may provide services to      you, the user, through our website(s) (Services) on the following terms      and conditions, as amended from time to time.
  2. By accessing any of our website(s) or      otherwise using the Services you are agreeing to be bound by these terms      and conditions. We may vary these terms and conditions, effective      immediately, by updating them on our website.
  3. You may be required to register with us in      order to make use of a Service. Where you are required to register:
    • the information you provide us must be       accurate and complete and kept up to date;
    • you must protect and not disclose any       password we provide you; and
    • we may assume any person using the Services       with your password is either you or is acting on your authority.
  4. Confidential Information means any material      or information provided by or emanating from us to you in relation to or      in connection with the Service or in accordance with these terms and      conditions but excludes material or information which:
    • is at the time of disclosure, or       subsequently becomes, material or information in the public domain       otherwise than by a breach by you of these terms and conditions; or
    • becomes known by you independently of us,       otherwise than by any breach of a confidentiality obligation owed by a       third party to the us.
  5. You must:
    • treat Confidential Information as secret and       confidential and as our sole property;
    • not use Confidential Information for any       purpose other than the use of the Service in accordance with these terms       and conditions; and
    • not disclose the Confidential Information       except to the extent required by law in which case you will notify the       requesting party that the information is confidential information, notify       us immediately of your obligation to disclose the information and give us       every assistance in defending the confidentiality of the information.
  6. You acknowledge and agree that the Service      and any information or data relating to the Service, including information      or data provided by users of the Service, is our Confidential Information      and, together with our website(s), constitute our intellectual property,      proprietary information and trade secrets. We retain all right title and      interest in and to that material and nothing you do in relation to that      material will transfer any proprietary rights to you.
  7. You must not reproduce all or part of our      website(s) or Services in any form without our prior written consent.
  8. You must comply with the terms of the      acceptable use policy (as varied by us from time to time) which form part      of these terms and conditions.
  9. You warrant that any information you provide      through our website(s) or the Service is true and correct and otherwise      complies with the Acceptable Use Policy.
  10. We may cancel your registration, terminate      these terms and conditions or otherwise suspend your access to our      website(s) or Services or modify or remove our website(s) or Services at      any time without notice.
  11. You acknowledge and agree that you use our      website(s) and Services at your own risk and the information contained in      them cannot be relied on as a substitute for appropriate professional      advice tailored to your circumstances. You acknowledge that information      made available through the website(s) and Services is provided by third      parties and to the extent permitted by law, we do not endorse or warrant      the accuracy, reliability or completeness of information shown in or      linked to from our website(s) or Services or warrant that those websites      and Services will be error free or operate free from viruses or other      harmful components.
  12. To the maximum extent permitted by law, we      have no liability to you (including in relation to direct, indirect or      consequential loss or damage and whether or not we knew of the possibility      of such loss or damage), and you must not make any claim against us or our      officers, directors, employees, agents or suppliers, whether for breach of      contract, negligence or otherwise in connection with this Agreement or      your use of our website(s) or Services.
  13. You agree to indemnify us, our officers,      directors, employees, agents and suppliers to the extent of any claims you      or any third party makes against us (or them) in connection with these      terms and conditions or your use of our website(s) or Services, including,      without limitation, reasonable legal and accounting fees. This clause      applies only to the extent legally permitted.
  14. We exclude all representations and warranties      not expressly stated in these terms and conditions. The Trade Practices      Act and other legislation may give you rights which cannot be legally      excluded and these terms and conditions are not intended to exclude those      rights. To the extent that we cannot exclude liability to you or claims by      you, we limit our liability to the provision of the Service again or      payment of the cost of the provision of the Service again, at our option.
  15. If any part of these terms and conditions is      held to be unenforceable in whole or in part, the unenforceable part is to      be given effect to the maximum extent permitted by law and the remainder      will continue in full force and effect. If the other limitations on our      liability to you are unenforceable, our total liability to you in      connection with these terms and conditions, our website(s) and the Service      is limited to a total of $1.
  16. Subject to any other written terms and      conditions which are expressly stated to take precedence over these terms      and conditions, these terms and conditions constitute the entire agreement      between you and us in relation to our website(s) and the Services and      supersede any other communications between us in any form.
  17. All communications between the parties may be      conducted electronically.
  18. These terms and conditions are governed by      the laws of Victoria, Australia, and you submit to the exclusive      jurisdiction of the courts of Victoria, Australia.
  19. The provisions of these terms and conditions      which by their nature survive termination of these terms and conditions      will survive termination.

ACCEPTABLE USE POLICY

  1. You (the user) must only use the information      and services provided through our sportyblokes.com website(s) (Service):
    • for their intended purpose; and
    • as directed by us from time to time.
  2. You must not use the Service to:
    • post, upload or otherwise make material       available that is illegal or obscene, defamatory, harassing, harmful,       abusive, tortious, hateful, invasive of a person’s privacy, or racially       or otherwise objectionable, discriminatory or offensive;
    • fraudulently or otherwise misrepresent       yourself to be another person or a representative of another entity       including, but not limited to, our representatives, or fraudulently or       otherwise misrepresent that you have an affiliation with a person, entity       or group;
    • disguise the origin of any material       transmitted through the Service (whether by forging message/packet       headers, IP addresses or otherwise manipulating normal identification       information);
    • create data on the Service that cannot be       accessed due to password protection or any other access restriction       system without our consent;
    • post, upload or otherwise make material       available which unlawfully discloses confidential information or       infringes any intellectual or industrial property right of us or any       third party (such as material that infringes copyright, trade marks,       patents, or trade secrets, or other proprietary rights of any party);
    • post, upload or otherwise make material       available containing or associated with spam, junk mail, advertising for       pyramid schemes, chain letters, virus warnings (without first confirming       the authenticity of the warning), surveys, contests or any other form of       unauthorised advertising or promotional material;
    • post, upload or otherwise make material       available containing viruses, Trojans, corrupt files or any other       material which may impair, destroy or interrupt the performance of any       hardware or software;
    • obtain unauthorised access to or interfere       with the performance of the servers which provide the Service or any       servers on any associated networks or otherwise fail to comply with any       policies and procedures relating to the use of those servers;
    • collect, whether aggregated or otherwise,       data about other users of the Service;
    • violate any applicable laws, whether       intentionally or otherwise, or post, upload or otherwise make material       available which you are not entitled to make available by law (whether by       legislation or under a contractual, or fiduciary obligation or       otherwise);
    • harass or stalk another person or harm,       threaten to harm or seek to harm another person (including minors) or       encourage those or other illegal activities;
    • provide advice on illegal activities (for       example, the creation of bombs, the infringement of intellectual property       rights and gaining unauthorised access to computer systems);
    • use the Service for file storage/backup       purposes; or
    • do anything else which may impact operation       or performance of the Service or its use by others.
  3. You must not post, upload or otherwise make      information available which relates to financial matters such as      investments, securities, stock prices, company performance, or commodity      prices without holding all relevant licences (whether required in your      jurisdiction or elsewhere). The phrase “make information      available” includes allowing other people to post, upload or      otherwise make information available through the Service.
  4. You may only access our websites and Services      for your personal, non-commercial purposes and must evaluate all      information (including in relation to accuracy, completeness or      usefulness) and rely on your own enquiries before use of any information      made available to you through our websites or the Services.
  5. You acknowledge that while we may not review      material uploaded to the Service prior to it being made available through      the Service, we or our agent may remove any information available through      the Service, including, but not limited to information that we consider      (in our sole opinion) violates this Acceptable Use Policy, applicable      laws, or is otherwise objectionable. You are responsible for maintaining      your own backup of information you upload to the Service.We may amend this      Acceptable Use Policy from time to time without notice by posting the      amended version on the sportyblokes.com website. We suggest that you visit      our web site regularly to keep up to date with any changes.

Please direct any questions relating to the Acceptable Use Policy to pridetvoz@gmail.com