Terms and Conditions

Video Surgery Holdings Pty Ltd ACN 137 510 484 and its directors, officers, employees, agents and affiliates (Site Owner) operates the website www.videosurgery.com (Site). By accessing the Content, using the Facilities or purchasing Videos from the Site, Users are deemed to accept the following Terms and Conditions of Use (Terms and Conditions).

By viewing the Content, using the Facilities, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them. If You do not agree to these Terms and Conditions, please leave this Site immediately.

Definitions

Content means all written material, Videos (either provided by the Site Owner or Third Parties) accessed by Users and all the works shown in physical form on the Site including without limitation all text, alt tags, feedback, graphics, photographs, trademarks, logos, sound, music, artwork and computer code.

Designated Agent means an officer of the Site Owner authorised to respond to allegations of breach of Copyright that appears on the Site.

Facilities means any feature that appears on the Site that enables Users to use the Site.

Users means browsers of Content and those that purchase Videos.

Video(s) means any cinematic recording sold on or via the Site in which copyright subsists as a musical and artistic work.

Use of Content

Uploading Content

Users represent and warrant in relation to any Content that they may upload to the Site that:

  • (a) they will not knowingly transmit any worm, virus or other disabling feature to the Site;
  • (b) they are authorised to provide the Content that they upload;
  • (c) they are the original author of the Content, or have the right to use the Content that is uploaded;
  • (d) the information uploaded is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  • (e) the information is not the ‘passing off’ of any product or service;
  • (f) the information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information, trade secrets and copyright; and
  • (g) by providing the Content, the User is not breaking any law of Queensland Australia.

Prohibitions on use of Facilities

This Facilities contained on the Site must not be used in any manner that infringes the Site Owners rights. Users must not:

  • (i) upload any content that is pornographic, indecent or otherwise offensive;
  • (ii) data mine or conduct automated searches on the Site or the Content on the Site, whether through the use of additional software or otherwise;
  • (iii) frame or mirror the Site;
  • (iv) tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;
  • (v) transmit any virus, worm or other disabling feature to or via the Site;
  • (vi) abuse, defame, harass, stalk, threaten or otherwise violate Our legal rights;
  • (vii) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain;
  • (viii) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by a User; and(b) use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).

Disclaimer of Warranties

Users expressly agree that to the fullest extent permitted by law:

  • (a) use of the Content and the Facilities accessed on or downloaded from the Site is at the Users sole risk;
  • (b) the Content, Facilities are provided on an "as is" basis. The Site Owner expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  • (c) the Site Owner does not warrant that:
    • (i) the Content will meet your requirements or be suitable to Users Needs;
    • (ii) the Content will be uninterrupted, timely, secure or error-free;
    • (iii) the Content that may be obtained from the Site will be accurate or reliable;
    • (iv) the quality of any Video or other material purchased by Users through the Site will meet your expectations; and
    • (v) any errors in the Content will be corrected.(d) any Content downloaded or otherwise obtained through the use of the Site is accessed at Users own discretion and risk, and Users will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; an
  • (e) no advice or information, whether oral or written, obtained by Users from the Site Owner or through or from the Site will create any warranty not expressly stated in these Terms and Conditions.

Use of Content contributed by Users

The Site Owner maintains editorial control over the Site and does not warrant that anything provided by Users will be published. If any Content, or suggestion for improvement is posted or added to the Site then:

  • (i) Users grant the Site Owner with a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use Content uploaded to the Site in any way (including, without limitation, by reproducing, creating derivative works in, and communicating the Content) and permit the Site Owner to authorise any other person to do the same; and
  • (ii) Users grant the Site Owner with the right to sub-licence the Content that has been uploaded to the Site to any third party the Site Owner chooses via any means including RSS feeds and API’s; and
  • (iii) Users consent to any act or omission which would otherwise constitute an infringement of their moral rights in relation to Content that has been contributed.

Licence to use Site Content

  • (a) The Site Owner provides Users with access to the Content and Facilities pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms and Conditions.
  • (b) Users accessing the Content on the Site or any of our affiliate sites are granted a limited perpetual licence to use the Content displayed on the Site and any syndicated, white labelled or rebranded website.
  • (c) Unless otherwise indicated, the Site Owner reserves all copyright in the Content and design of the Site. we own all such copyright or provide it to Users, under the terms of a limited licence embodied in these Terms and Conditions each time Users visit the Site.
  • (d) Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
  • (e) Users must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, Users must not reproduce or use any of the information on the Site for commercial benefit.

Member Account and Password

  • (a) Users will create their own password during the registration process. Users agree to maintain the confidentiality of their password, and are responsible for liability and damages resulting from their failure to maintain that confidentiality and all activities that occur through the use of their account and password. Users are expressly prohibited from sharing their account details with third parties.
  • (b) The Site Owner may limit, cancel, suspend or terminate a Member Account without notice to the User and without providing a reason if it is suspected that a User is breaching any of these Terms and Conditions or are of the opinion that a User’s use of an account may be a breach of a third party’s intellectual property rights.
  • (c) Users Agree not to hold the Site Owner liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Member Account.

Privacy Policy

In using the website, Users are deemed to accept the terms and conditions of Our Privacy Policy.

Provision of service

The Site Owner:

  • (a) may without notice suspend access to the Site or disconnect during any technical failure or maintenance period;
  • (b) may choose at our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Site; and
  • (c) may make improvements and or changes to Site and the Content at any time without notice. we do not warrant that the information architecture or navigation will not change now or at any time in future.

Limitation of liability

  • (a) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to these Terms and Conditions.
  • (b) The Site Owner make the Site available for Users to use, however we do not assume a duty of care to Users. The Site Owner does not represent or provide any warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.
  • (c) If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.
  • (d) No warranty or representation that the Site and the Content will not cause damage or are free from any computer viruses or any other defects or errors is made.
  • (e) Where any law implies a warranty into these Terms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, Our liability for breach of the warranty will in Our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
  • (f) Under no circumstances will the Site Owner be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on the Site.

Intellectual Property

Breach of Copyright - take down procedure

  • (a) The Site Owner takes all reasonable steps to monitor Content published by Users on the Site. we aim to remove all Content as soon as practical after we are notified that it may be a breach of copyright, other intellectual property rights, is defamatory or otherwise claimed to be offensive or illegal in any way.
  • (b) To notify the Site Owner of a claimed infringement of Copyright please send a notification to designatedagent@videosurgery.com that includes the following information:
    • (i) the alleged content in which copyright is claimed and its location on the Site;
    • (ii) information about the complaining party (Complainant) including for example:
      • address;
      • telephone number (land line and mobile); and
      • email address.
    • (iii) an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringing Content;
    • (iv) identification of the Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Us to locate the Contents;
    • (v) a statement that the complaining party has a good faith belief that use of the Contents in the manner complained of is not authorised by the copyright owner, agent, or the law; and
    • (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing.
  • (c) Users acknowledge and agree that if the Site Owner receives a notice of a claim of copyright infringement, we may immediately remove the Content from the Site without further notice to the User that uploaded it.
  • (d) To notify the Site Owner of Content that Users believe should be removed from the Site other than because of alleged Copyright, please send an email to designatedagent@videosurgery.com.

Cookies

Users consent to the Site Owner placing cookies on their computer. Any information contained in cookies will not be used in any way that will amount to a breach of the Users Privacy.

RSS Feeds

If Users utilise any of the Facilities on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the Content on the Site and show any included attestation.

Trademarks

The Site Owner is the owner of several common law (or where indicated), registered trade marks which appear on the Site. Unauthorised use of these trademarks will infringe Our intellectual property rights. If Users infringe our rights in this regard we reserve our right to any necessary action that we see fit.

Links to third party Sites

  • (a) we do not represent that the Content on other websites to which the Site contains links does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
  • (b) By inadvertently linking to infringing third party content, we are not authorising infringement of any intellectual property rights contained on those websites. Please contact Us at designatedagent@videosurgery.com to notify Us of any links You allege are infringements.

Miscellaneous provisions

Access to the Site outside the Jurisdiction

No representation or warranty is made that the Content on the website complies with the laws of any country outside the Jurisdiction of Queensland, Australia. If Users access the Site from outside Australia, You do so at Your own risk.

Changes to Terms and Conditions

The Site Owner may change the Terms and Conditions at its discretion by providing notice on the Site. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.

Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with the Site Owner that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

Jurisdiction

Users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia. In any dispute between the parties to these Terms and Conditions will be heard by a Court in this Jurisdiction.

Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

Waiver

If the Site Owner not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of Our right to act with respect to subsequent or similar breaches.

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