THE CLICKVIEW PLATFORM (“PLATFORM”) AND THE SERVICES AND CONTENT AVAILABLE FROM IT IS PROVIDED BY CLICKVIEW AUSTRALIA PTY LTD (ACN 140 397 584) SUITE 125, 26-32 PIRRAMA ROAD, PYRMONT, NEW SOUTH WALES 2009
THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) SHALL GOVERN YOUR USE OF THE PLATFORM AND BY YOUR CONTINUED USE OF THE PLATFORM YOU AGREE TO ACCEPT THESE TERMS
You shall keep confidential and not disclose to any other person the password used by you to access the Platform and you also agree to take all reasonable steps to prevent others from using your username and password.
You shall not permit any other person to access or use the Platform.
You shall immediately notify your employer, or (where applicable) the educational establishment for whom you are working or which you attend (“Authorised Person”), if you become aware of or suspect that your password has become known to any other person or if you become aware of or suspect any unauthorised access to or use of the Platform.
You shall not violate the security of the Platform nor corrupt or interfere with the operation of the Platform nor expose the Platform to any viruses, worms or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge that the Platform and the content available (excluding the Broadcast Content if applicable, and the User Content, each as defined below) are the proprietary and confidential material of ClickView or its licensors. In particular, you acknowledge that the Broadcast Content is licensed to you by Screenrights.
ClickView reserves the right to monitor your use of the Platform. Any such monitoring shall be solely for the purpose of ensuring compliance with these Terms or other legitimate purposes of ClickView, including (in respect of ClickView Exchange and ClickView TV) compliance with ClickView’s licensing agreement with Screenrights.
You shall immediately discontinue your use of the Platform on notice from ClickView or the relevant Authorised Person.
If you upload, or otherwise provide any information or content, including without limitation any comments to the Platform (“User Content”), you grant to ClickView a non-exclusive, royalty-free, transferrable and worldwide right (but not an obligation) to use and reproduce such content on its Platform to enhance your use of the Platform. User Content will not be used by ClickView outside of the Platform without your consent.
Where User Content includes a comment, your username may be used and published in connection with such comment on the Platform. ClickView will not be responsible for the content or accuracy of any User Content.
You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You represent and warrant that your User Content:
- does not contain or condone any of the following: sexually explicit material; violence; material which is defamatory; material which is obscene, offensive, hateful or inflammatory; discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;
- is not threatening, abusive or intimidating, or provided with an intent to harass, upset, alarm or embarrass any other person or cause needless anxiety;
- does not infringe anyone else’s rights, including without limitation any intellectual property rights, contractual rights or any right of confidentiality or privacy; in particular, you should not submit content which includes music (unless you or the Authorised Person have written and recorded the music or have a licence from the person who wrote and recorded the music), or identifiable brands or logos, nor content which features any individual under the age of 16 without the consent of that individual’s parent or guardian;
- complies with all applicable laws;
- does not misrepresent your identity or affiliation with any person, or falsely gives the impression that such content comes from someone else;
- does not advocate, promote or assist any unlawful act (e.g. criminal acts, copyright infringement, computer misuse, etc.);
and you agree that you (or your Authorised Person) will be responsible for any loss or damage ClickView may suffer as a result of your breach of this warranty.
Take Down Procedure
ClickView may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason.
ClickView reserves the right to remove any User Content at any time for any reason, at its sole discretion.
ClickView is not liable for any User Content available on the Platform. Where you have a good reason to believe that any User Content is in breach of these terms, or is infringing your rights, or is otherwise illegal, you should notify your administrator by clicking on the “Flag this Video” button. Your administrator may then investigate that content, and may remove it immediately from the Platform.
If you wish to take down any of your User Content from the Platform at any time, you should notify your administrator, setting out details of the User Content you wish to be taken down and where such User Content can be found (“Notified Content”). Your administrator will endeavour to respond promptly and to take down the Notified Content from the Platform.
Given the nature of the internet, it is possible that other users may have shared, commented on, or re-posted User Content. Whilst your administrator will endeavour to take down any Notified Content from the Platform, ClickView gives no guarantee that the Notified Content will be taken down from other websites.
The content on ClickView Exchange and ClickView TV (“Broadcast Content”) is made available to you and is subject to licences granted by the Audio-Visual Copyright Society Limited trading as Screenrights (“Screenrights”) to your Authorised Person and to ClickView.
ClickView may modify these Terms from time to time by notice to the Authorised Person. You shall be deemed to have accepted such modifications by continuing to access and/or use the Platform.
These Terms are governed by the law of New South Wales and the parties submit to the non-exclusive jurisdiction of the New South Wales courts to resolve any dispute between them arising under or in connection with these Terms.