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.