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Conditions of Use

General
The aflfilms.com.au website (the 'AFL Films' Website' or 'Website') is operated by Vuecast Operations Pty Ltd, trading as AFL Films ('AFL Films'). By accessing or otherwise using the AFL Films' Website, including the online services which we introduce from time to time, you agree to be bound by these conditions of use and acknowledge that AFL Films provides the Website to you on these conditions of use. Our Privacy Policy forms part of this document.

You must read and accept (or reject) the conditions of use (see below) as a condition of you using or relying on any part of this Website or a service provided via the Website. If you do not accept these conditions and the Privacy Policy, then you must not use the Website.

Amendments
AFL Films is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the AFL Films Website at any time by posting the amendment on the Website or by notifying you by any other means of communication. Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection
AFL Films owns, or is otherwise licensed to use, all intellectual property in the AFL Films Website, unless indicated otherwise. Subject to these conditions of use, AFL Films grants to you a non-exclusive and non transferable licence to view, download and use information directly accessible through the Website for personal and non-commercial use.

You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe AFL Films' intellectual property (including its trade marks and copyright) in the AFL Films Website and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, distribute or communicate any part of the AFL Films Website or any information contained therein or otherwise use them in a way which will infringe AFL Films' intellectual property or other property rights, except as permitted by statute or with AFL Films prior written consent.

Disclaimer
Except as provided by law, the AFL Films Website is provided "as is" and without any warranty or condition, express or implied. AFL Films does not warrant that the information contained in or accessible through the AFL Films Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does AFL Films guarantee continuous, uninterrupted or secure access to the AFL Films Website. You acknowledge that access and use of the AFL Films Website (including the software operating in connection with the AFL Films Website) may be interfered with by numerous factors outside of AFL Films' control. AFL Films does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the AFL Films Website. Subject to the provisions of the Trade Practices Act 1974, AFL Films makes no representations or warranties in respect of the information and materials available on the AFL Films Website or the means of accessing that information and material (including the software operating in connection with the AFL Films Website).

AFL Films makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than AFL Films which are or may become linked or framed to or from the AFL Films Website. You access those sites and use the products and services made available at those sites solely at your own risk.

Use of Information
If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the AFL Films Website, you agree that such Content will be available to AFL Films to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services AFL Films considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the AFL Films Website or otherwise breaches or encourages other users to breach these conditions of use; or
  • violates any law, statute or regulation, or is contrary to any relevant standards or codes; or
  • forges information to disguise the origin of any Content; or
  • encourages or incites any other person to engage in any of the above behaviour.
You agree to grant AFL Films a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the intellectual property you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability
You agree that AFL Films is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the AFL Films Website, the use by AFL Films of Content or any such loss or damage which may arise should you be unable to access the AFL Films Website, for whatever reason and however arising, including negligence.

To the extent that AFL Films is able to limit the remedies available under these conditions of use, AFL Films expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at AFL Films' sole discretion):
  • in the case of goods, any one or more of the following:
      • i. the replacement of the goods or supply of equivalent goods;
      ii. the repair of the goods;
      iii. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
      iv. the payment of the costs of having the goods repaired; and
  • in the case of services:
      • i. supply of the services again; or
      ii. the payment of the cost of having the services supplied again.
    You indemnify AFL Films against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
    • your breach or non-observance of any term of these conditions of use;
    • any breach or inaccuracy in any of your representations or warranties; or
    • your use of the Website.
    Links
    You must not establish links or frames on any other website to the AFL Films Website or any other part or parts of the AFL Films Website, without the prior written consent of AFL Films. If you would like us to link to your website, please contact aflfilms@aflfilms.com.au.

    Third party content
    Products and services offered for sale or advertised, and information provided on the Website may be products, services and information of, or related to, third parties. These products, services, information and third parties are not provided or endorsed by us and your legal relationship is with the third party. We have not checked the accuracy or completeness of the information, or the suitability or quality of the products and services of third parties. You must make your own enquiries with the relevant third party direct before relying on any third party information or entering into a transaction in relation to the third party products and services supplied via the Website. You should check with the third party whether there are additional charges and terms which may apply. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the Website or accessible through a hyperlink on the Website. You acknowledge and consent to us receiving these fees.

    AFL Films is a licensee of the AFL. We manage the film and video library on their behalf and process all requests for AFL vision. In all other respects, this Website is not endorsed or sponsored by the AFL.

    Breach and termination
    If, in our reasonable opinion, you breach any provision of these conditions of use AFL Films may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the AFL Films Website. In any event, AFL Films may terminate these conditions of use (and your right to use the Website) at any time and for any reason without prior notice to you.

    Choice of Law and Use of Website
    These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia.

    AFL Films has designed the AFL Films Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.

    The Website is available only to people using the Website in Australia who can form legally binding contracts under applicable law.

    No agency
    No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and AFL Films by these terms of use.

          © Copyright 2003 AFL Films Privacy . Terms and Conditions