Policies | Australian Equine Network

PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY PURCHASING THE FOOTAGE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT PROCEED WITH YOUR PURCHASE.

Authorised Use
1. Subject to your compliance with these Terms, Australian Equine Network ABN 50 610 175 409 (“Australian Equine Network”) grants you permission to use the Content as set forth in these Terms.

2. Content
2.1. “Content” shall mean the copyright in cinematograph film created by Australian Equine Network and licensed to you via this website or otherwise via third party vendors authorised by Australian Equine Network. 

The Content licensed hereunder is expressly limited to the rights in the filmed visual content only, and you acknowledge and agree that Australian Equine Network makes no warranties nor provides any right or license to you hereunder in respect of any audio works embedded in cinematograph film, nor in any other third party copyright (including so called performers rights under the Copyright Act 1968), trademarks or other intellectual property captured as a result of Australian Equine Network filming the Content (“Excluded Rights”). You will be solely responsible for any costs, permissions, licenses and claims arising from your use of any Excluded Rights. 
2.2. The Content is created and owned by Australian Equine Network and licensed to you on the terms set out herein. Australian Equine Network do not own or control the Excluded Rights and make no license to you of such rights hereunder. 
2.3. Subject to your compliance with these Terms, Australian Equine Network grants you a perpetual, non-transferable, non-exclusive license (without the right to sublicense) to download and utilise the Content for your personal use. Such license includes the right to publish the Content on your social media accounts and YouTube Channels for the sole purpose of promoting your brand only. You agree to obtain any license of rights necessary to download the Content and/or to make further use of the Excluded Rights. 

3. Additional Terms
When using the Content, you will be subject to any additional guidelines or rules applicable to specific products, services, or features which may be posted from time to time on the Australian Equine Network website www.australianequinenetwork.com.au (collectively, the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

4. Modification of these Terms
Australian Equine Network reserves the right, at Australian Equine Network’s sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines on the Australian Equine Network website www.australianequinenetwork.com.au periodically for changes. Your continued use of the Content after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective immediately upon their posting on the Content. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective immediately upon your continued use of the Content.

5. Disclaimer
5.1. You understand that the Content is sold in the download format specified at the time of purchase. You agree to use the Content at your sole risk and Australian Equine Network shall have no liability to you for material that may be found to be offensive, indecent, or objectionable, nor for any third party claims arising from your use of the Content. Any descriptions, if at all, are solely provided for convenience, and you agree that Australian Equine Network does not guarantee the accuracy of such descriptions.
5.2. Unless otherwise expressly stated by Australian Equine Network, the Content made available hereunder is provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Australian Equine Network and third party Content suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, correctness, accuracy, and reliability.

6. Indemnification
You agree to indemnify and hold harmless Australian Equine Network in respect of any third party claim, losses, damages or liabilities arising out of your use or misuse of the Content, including use in violation of these Terms, use where you have not cleared any musical, performance or other copyright embedded alongside the Content, or any breach of any representations and warranties contained herein.

7. Limitation of Liability
In no event will Australian Equine Network have any liability to you for damages, losses, and causes of action arising out of or relating to these terms or your use of the Content.

8. Miscellaneous
8.1. Severability
If any provision of these Terms shall be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

8.2. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Australian Equine Network without restriction.

8.3. Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

8.4. Entire Agreement
These Terms, together with any other provisions incorporated hereunder by reference, as they may change from time to time in accordance with the terms herein, are the entire agreement between you and Australian Equine Network and will not be modified save where Australian Equine Network notify you of a change to these Terms or Guidelines made by Australian Equine Network at any time.

8.5. Jurisdiction
This agreement shall be governed by the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales in resolving any dispute between yourself and Australian Equine Network.

This Privacy Policy applies to all personal information collected by Australian Equine Network via the website located at www.australianequinenetwork.com.au.

1. What is "personal information"?

(a) The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

i. whether the information or opinion is true or not; and

ii. whether the information or opinion is recorded in a material form or not.

(b) If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.

2. What information do we collect?

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: name phone number email address address login credentials payment details.

3. How we collect your personal information?

(a) We may collect personal information from you whenever you input such information into the website.

(b) We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

4. Purpose of collection

(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website.

(b) We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

(c) By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

5. Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

6. Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Australian Equine Network and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

7. Overseas transfer

Your personal information may be transferred to recipients located in USA and Europe. USA and Europe has data protection laws which protect personal information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled.

8. How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: support@aen.com.au