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MEDIA STORE
Last Updated 15 September 2011
DEFINITIONS
"ClickView" means ClickView Pty Limited (ACN 106176 514) and its subsidiaries, ClickView Australia Pty Limited (ACN 140 397 584), ClickView Limited (IRD Number. 101 663 051), ClickView Limited (UK Reg. No. 909 8597 64) and ClickView Limited (Company No. 674471-5)
"Customer" means the person or legal entity identified in ClickView's Quotation or Invoice.
"Contract" means a contract for sale by ClickView to the Customer of the products and/or services incorporating the Terms and Conditions.
"Genuine" means manufactured by or for ClickView
"Purchase date" means the shipping date from ClickView or a Service Agent
"Product" means a Genuine Product supplied new by ClickView
TERMS OF SALE
AUSTRALIAN SALES ONLY
Purchases from the ClickView Media Store are available to you only in Australia. If you are not in Australia you may not use or attempt to use the service. ClickView may use technologies to verify such compliance.
The ClickView Media Store is provided by ClickView Australia (ABN 78 106 176 514).
SALES TO END USERS ONLY
The ClickView Media Store sells products (“Products”) to end user Australian customers only.
CANCELLATION POLICY
All sales are final. The ClickView Media Store service commences immediately when you begin to download content from the ClickView Media Store and you will not have a right to cancel your contract once the service commences.
PAYMENT METHODS
The ClickView Media Store will bill users monthly, where purchases occurred during that month. Billing to your account occurs at the time of purchase, or shortly thereafter. Accounts will be sent at the end of each billing period and must be settled within 7 days.
GOODS AND SERVICES TAX ("GST")
ClickView Media Store transactions are subject to GST. No customers are eligible for tax exemptions for transactions made on the ClickView Media Store.
UPGRADES
The latest version of the ClickView Media software is recommended to access the ClickView Media Store. From time to time, an upgrade to the latest version of the ClickView Media software may be required in order to make transactions from the ClickView Media Store, to download Products previously purchased from the ClickView Media Store (for example, Products in your download queue) or to take advantage of new features of the ClickView Media Store.
The latest version of the ClickView Media software is available for download at no charge, and the minimum system requirements for running it are provided, at www.clickview.com.au/downloads. Use of ClickView Media software is subject to acceptance of its software license agreement presented at the time of installation. For any additional questions regarding required upgrades, please contact ClickView Customer Service.
ClickView reserves the right to enhance Products purchased from the ClickView Media Store, including Products purchased but not yet downloaded. Among other things, such enhancements may result in larger file sizes (requiring, for example, longer download times and additional disk space for storage).
PRICES
The ClickView Media Store endeavours to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable GST (in effect on the day of download). ClickView reserves the right to change prices for Products offered on the ClickView Media Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
CONTENT AVAILABILITY
The ClickView Media Store makes every effort to provide a broad content offering. For this reason, ClickView reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact ClickView Customer Service for assistance in such cases.
FOR ASSISTANCE WITH ORDERS - CLICKVIEW CUSTOMER SERVICE
For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: www.clickview.com.au/mediastore/faq If you cannot find the answers you are seeking in our robust knowledge base, you can contact us on clickview@clickview.com.au or phone 02 9518 5165.
CONTENT USAGE RULES
Your use of any Products purchased from the ClickView Media Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
OTHER TERMS AND CONDITIONS
ClickView is not responsible for typographic errors.
ClickView reserves the right to change the terms and conditions of sale at the ClickView Media Store at any time. Revised Terms of Sale will be made available on our website. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.
These terms and conditions and all sales on the ClickView Media Store are governed by the laws of New South Wales. If any of the terms in these Terms of Sale are not valid or legally enforceable, the other terms will not be affected.
TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ClickView Australia (ABN 78 106 176 514) STATING THE TERMS THAT GOVERN YOUR USE OF THE CLICKVIEW MEDIA STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF CLICKVIEW AND CLICKVIEW MEDIA STORE
RULES AND POLICIES REFERRED TO IN THIS AGREEMENT - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND CLICKVIEW MEDIA STORE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND CLICKVIEW MAY REFUSE ACCESS TO THE CLICKVIEW MEDIA STORE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the ClickView Media Store Service.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, nudity, or violence. Nevertheless, you agree to use the Service at your sole risk and that ClickView Media Store shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that ClickView Media Store does not guarantee their accuracy. You agree to read all applicable ratings requirements and to comply with accompanying age restrictions. Schools should restrict access to students where necessary, using inbuilt password protect mechanism or using Access Manager software add on.
2. Objectionable Material.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, nudity, or violence. Nevertheless, you agree to use the Service at your sole risk and that ClickView Media Store shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that ClickView Media Store does not guarantee their accuracy. You agree to read all applicable ratings requirements and to comply with accompanying age restrictions. Schools should restrict access to students where necessary, using inbuilt password protect mechanism or using Access Manager software add on.
3. System Requirements.
Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility, and that the Service may query your system and any connected devices solely to determine compatibility with the Service and need for any upgrades. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
4. Policies and Rules.
Your use of the Service and transactions made through it are subject to the ClickView Media Store Terms of Sale at www.clickview.com.au/mediastore/terms, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read ClickView Media Store's Terms of Sale, you should do so now. Your purchase of software products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products (which must be accepted in order to download such products), all of which are hereby made a part of this Agreement.
5. Privacy
Except as otherwise expressly provided for in this Agreement, the Service is subject to ClickView's Privacy Policy at www.clickview.com.au/privacy, which is expressly made a part of this Agreement. If you have not already read ClickView's Privacy Policy, you should do so now.
6. Your Information.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. ClickView may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that ClickView may store and use the Registration Data you provide for use in maintaining your accounts and billing fees to your payment card.
7. User Account and Security.
a. Account and Password.
As a registered user of the Service, you must establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify ClickView of any unauthorised use of your Account or any other breach of security. ClickView shall not be responsible for any losses arising out of the unauthorised use of your Account.
b. Security.
You agree that the Products are provided to you by way of a licence only. You understand that the Service, and products transacted through the Service, such as sound recordings, software, and related artwork (“Products”), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by ClickView and its licensors (“Usage Rules”).
You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by ClickView for compliance purposes, and ClickView reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by ClickView for accessing the Service. You shall not access or attempt to access an Account that you are not authorised to access.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service. Violations of system or network security may result in civil or criminal liability.
8. Purchase of ClickView Media Store Content
a. Product Requirements.
You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorised licenced software), and that such hardware and software is your responsibility. Products should be backed up using the ClickView backup utility in the software.
b. Use of Products.
You acknowledge that Products contain security technology that limits your usage of Products to the following Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
Usage Rules:
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorised to use the Products only for personal, noncommercial use, and not for redistribution, transfer, assignment or sublicence, to the extent permitted by law.
For details of your rights and restrictions on your rights to use the Products, see:
www.copyright.org.au ; or
www.ipaustralia.gov.au/ip/copyright.shtml ; or
www.copyright.asn.au .
(iii) Your licence of Products as authorised hereunder permits you to use the Products on one ClickView Library Server
(iv) You shall not be entitled to burn or extract Video Products or ClickView Media Store purchases out of ClickView.
(v) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Products.
(vi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
(vii) Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such products.
c. You agree that your purchase of Products constitutes your acceptance of, and agreement to, use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. ClickView reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products and administering of the Usage Rules entails the ongoing involvement of ClickView. Accordingly, in the event that ClickView changes any part of the Service or discontinues the Service, which ClickView may do at its election, you acknowledge that you will no longer have access to purchase Products.
ClickView reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
9. Territory.
The Service is currently available to you only in Australia, and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory, and that ClickView may use technologies to verify your compliance.
10. Agreement to Pay.
a. Payment for Products.
You agree to pay for all Products you purchase through the Service, and that ClickView will bill your school monthly. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES. All fees will be billed to the registered school.
b. Right to Change Prices and Availability of Products.
Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
11. Delivery of Products.
a. Interrupted Delivery to ClickView Library Server.
If delivery of a Product you purchased is interrupted, your transaction will be included in your download queue. You may resume the delivery to your ClickView Library Server by re-downloading the title from the ClickView Media Store. You will only be billed once per Product.
b. Technical Problems.
On occasion, technical problems or file sizes may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by ClickView. Your statutory rights are not affected.
12. Intellectual Property.
a. Acknowledgement of Ownership.
You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by ClickView and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement.
No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of ClickView Media Store Content or Other Materials.
Notwithstanding any other provision of this Agreement, ClickView and its licensors reserve the right to change, suspend, remove or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will ClickView be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. ClickView may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights.
All copyrights in and to the Service, including but not limited to, the ClickView Media Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by ClickView and/or its licensors, who reserve all of their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks.
ClickView, the ClickView logo, ClickView Media Store, and other ClickView trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ClickView Pty Ltd in Australia and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
15. Termination.
a. Termination by ClickView.
If you fail, or ClickView suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide ClickView with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, ClickView, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service.
ClickView reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and ClickView will not be liable to you or to any third party should it exercise such rights.
16. General Compliance with Laws.
The Service is controlled and operated by ClickView from its offices in Australia. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Service.
17. Enforcement of These Terms.
ClickView reserves the right to takes steps ClickView believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ClickView's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that ClickView has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ClickView believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ClickView's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
18. No Responsibility for Third-Party Materials or Web sites.
Certain content, Products and services available via the Service may include materials from third parties. In addition, ClickView Media Store may provide links to certain third-party websites. You acknowledge and agree that ClickView Media Store is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites.
ClickView Media Store does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
19. Disclaimer of Warranties; Liability Limitations.
a. CLICKVIEW MEDIA STORE WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. CLICKVIEW MEDIA STORE DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICE. WITHOUT LIMITATION TO THE FOREGOING:
(i) CLICKVIEW MEDIA STORE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CLICKVIEW MEDIA STORE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU;
(ii) CLICKVIEW MEDIA STORE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CLICKVIEW MEDIA STORE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE CLICKVIEW MEDIA STORE THAT ARE STORED IN YOUR SYSTEM.
b. EXCEPT AS SET OUT IN SECTION 18(e), IN NO CASE SHALL CLICKVIEW MEDIA STORE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CLICKVIEW MEDIA STORE, ITS EMPLOYEES OR AGENTS WHERE:
THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY CLICKVIEW MEDIA STORE OR BY ANY OF OUR EMPLOYEES OR AGENTS;
SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT.
CLICKVIEW MEDIA STORE WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE.
c. Certain legislation, including the Trade Practices Act 1974 (Cth) may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms of Service must in all cases be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent to which ClickView Media Store is entitled to do so, ClickView Media Store limits its liability in respect of any claim under those provisions to:
(i) in the case of goods, at ClickView's option:
the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired, and
(ii) in the case of services, at ClickView's option:
the supply of the services again; or the payment of the cost of having the services supplied again.
d. CLICKVIEW MEDIA STORE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CLICKVIEW MEDIA STORE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. NOTHING IN THIS AGREEMENT REMOVES OR LIMITS CLICKVIEW MEDIA STORE'S LIABILITY FOR FRAUD, FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
20. Waiver and Indemnity.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD CLICKVIEW MEDIA STORE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY CLICKVIEW MEDIA STORE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CLICKVIEW MEDIA STORE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CLICKVIEW MEDIA STORE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
21. Changes.
ClickView Media Store reserves the right, at any time and from time to time, to update, revise, supplement and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the ClickView Media Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
22. Notices.
ClickView may send you notice with respect to the Service by sending an email message to the email address listed in your ClickView Media Store Account contact information, by sending a letter via postal mail to the contact address listed in your ClickView Media Store Account contact information, or by a posting on the ClickView Media Store. Notices shall become effective immediately.
23. Governing Law.
This Agreement and the use of the Service is governed by the laws of New South Wales.
24. Miscellaneous.
These Terms of Service constitute the entire agreement between you and ClickView and govern your use of the Service, superseding any prior agreements between you and ClickView Media Store. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ClickView's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. ClickView will not be responsible for failures to fulfil any obligations due to causes beyond its control.
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