Terms and Conditions
Terms of Service
1. Description of Service
These Terms of Service (“Terms”) are applicable to all users of Adventure Entertainment Pty Ltd’s (ABN 71 612 294 569) (“Company”, “we”, “us” or “our”) online media, video streaming and content distribution services (individually and collectively the “Services”) through its website located under adventureplus.com and related domains, sub domains, and mobile and desktop applications & TV (“Platform”). These Terms govern your use of the Services, including all functionalities, features, streaming services, audio, visual, written media, PDF, website links and user interfaces, and all content and software associated with the Services as provided by the Company.
2. Acceptance of Terms
You accept these Terms, including any policies or other terms set out on the Platform, by accessing and/or using the Services. The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms. Any changes to these Terms shall be effective within 30 days of the date following the posting of such changes to the Terms. You agree to review these Terms from time to time and agree that any subsequent use by you of the Services following 30 days after changes to these Terms are posted, shall constitute your acceptance of all such changes. If you do not accept such changes, and such changes are material changes, you agree to refrain from accessing and/or using the Services or you may terminate your agreement with us, by providing us with 30 days’ written notice. We will use our reasonable endeavours to inform you of any changes to the Terms via the Platform and/or in writing.
3. Access and Use of Service
Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorisation or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
4. Your Conduct
The Services may be used only for lawful purposes. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company under the Platform and/or these Terms.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data; or (f) the use of robots to skew payouts.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
5. User Information
You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorisation to register for the Services and post user content, including any comments, star ratings or reviews (“User Content”). The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including your name, a valid email address and any billing information. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
6. Collection Notice
The Company may disclose that information to third party service providers who help the Company to deliver its Services (including information technology service providers, data, storage, web-hosting and server providers, professional advisors, third party payment processors and business partners) or as required by law. If you do not provide this information, the Company may not be able to provide you with access to the Services. In certain circumstances, the Company may disclose your personal information to third parties located, or who store data, outside Australia.
The Company may offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving Company or third party services and products.
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorised by you.
You agree to immediately notify the Company of any unauthorised use of your username and password.
8. Use of Services
Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
The Company grants you a limited, revocable non-exclusive, personal, non-sublicensable, non-transferable license to access and use the Services for your own personal and non-commercial purposes, for the duration of your purchase of the Services. This includes rights to view content on Company’s Platform.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with the Services in accordance with the payment dates described on our Platform. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them.
9. Access to Services – Subscriptions & Purchases
The Company may offer the Services on a free or trial basis to allow you to evaluate the Services. Any trial period can change at any time without notice. The Company will have the right to terminate any free or trial basis for the Services if you are found to be misusing the Services. At the end of any free or trial basis for the Services, if you have not terminated your use of the Services through the Platform, you will be deemed to have purchased your selected paid version of the Services.
The Services may allow you to access digital content on a pay per view basis or subscription basis. The basis on which digital content is available on the Services will be indicated on the product detail page. Subject to your payment of any applicable fees (as is set out in the Platform), the Company agrees to provide you with the Services in accordance with these Terms.
10. Payments & Billing
The digital content the subject of the Services is available under specific payment plans, including pay per view or subscription fees. These fees will change from time to time at the sole discretion of the Company, at the commencement of the next billing period. If you do not agree to a fee change, and such fee change is material and commences prior to the next billing period, you may terminate your agreement with us, by providing us with 30 days written notice. The Company makes no guarantee as to the availability of a specific payment plan.
By purchasing the Services, you expressly agree that we are authorised to charge your selected Services using the payment method you designate. You can update this information at anytime by logging into your video library on the Platform, and clicking the settings tab under the username. Receipts are sent once the charge is successful to the registered email account. If you purchase the Services under a subscription, this will continue in effect unless and until you cancel your subscription for the Services or we terminate it under these Terms. You must cancel your subscription for the Services according to the terms of that specific plan prior to the next billing date in order to avoid billing for the next billing period. For annual subscriptions to the Services, we will use reasonable endeavours to notify you prior to the continuation of the annual subscription to the Services.
11. User Comments and Suggestions
While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
12. Intellectual Property
Adventure Entertainment and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorised use of such trademarks and trade names is prohibited.
The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company, or the Company has the relevant intellectual property rights to the Services (including content provided under the Services), and is protected by copyright, trademark, and other intellectual property, common and statutory laws of Australia and other countries. Your use of the Platform and your use of and access to any Services does not grant or transfer to you any rights, title or interest in relation to our Platform or the Services.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose, other than as set out in these Terms.
13. Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by the Company, the Company grants a personal, limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes of providing the Services via the Platform.
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose, other than as set out in these Terms.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This license does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.
The Company shall have the right, and you agree, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.
This license is effective until terminated under these Terms or by the Company, at its sole discretion. User’s rights under this license will terminate automatically without notice if user fails to comply with these Terms (including the terms of the license). Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
14. Warranty Disclaimers
Certain legislation including the Australian Consumer Law (“ACL”) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (“Statutory Rights”).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXMIUM EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING THE SERVICES.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES (INCLUDING THE USER CONTENT).
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORISED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF A WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE), ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND, AT ITS DISCRETION SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account. You may opt-out of marketing emails by amending your preferences on the Platform.
We may terminate your use and access to the Services immediately if you breach any of the terms and conditions in these Terms.
We may terminate your use and access to the Services by providing written notice to you, if for any reason, we are unable to continue to provide the Services.
You may terminate your use and access to the Services as described under clauses 2 and 10, by providing us with 30 days’ written notice.
You may terminate your use and access to the Services that you have purchased on a subscription basis by providing us with at least 7 days’ written notice before the next billing date (which you may provide through the Platform). We will provide you with confirmation that these Terms have been cancelled via email or via the Platform. If you cancel these Terms less than 7 days before the billing date, you will continue to be charged the fees on the next billing date and the cancellation will become effective on the following billing date. The termination will be effective at the end of your then current billing period.
To the maximum extent permitted by law (including any of your Statutory Rights), any fees paid upfront by you are non-refundable.
Termination of these Terms will not affect any rights or liabilities that a party has accrued under it.
18. Additional Terms and Conditions
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales and Australia. You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of New South Wales and Australia in connection with any action arising out of or related to these Terms and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of these Terms invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative.
You may not assign these Terms or any of your rights or obligations hereunder. The Company may assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of any user or person accessing or using the Services.