Terms & Conditions

TERMS & CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY DESCRIBE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE AND USE OF VIDEO CONTENT FROM IMPACT AV TV’S VIDEO SERVICE.

These terms and conditions relate to the purchase and use of digitized versions of Impact AV Australia video content (“Digital Content”) from Impact AV Australia P/L (the “Service”) and are Additional Terms to the Terms of Use Agreement for impactav.tv (the “Site Terms of Use”) and thus are incorporated into, and form a part of, the Site Terms of Use (which can be read at http://www.impactav.tv/legal/terms-of-use). References below to the Site Terms of Use shall include these Additional Terms. The Site Terms of Use, including these Additional Terms, are a binding agreement between Impact AV Australia P/L on the one hand, and you, on the other hand. Capitalized terms used herein but not defined shall have the meanings ascribed to such terms in the Site Terms of Use. Without limiting the foregoing, the Digital Content shall be deemed to be included within the definition of “Materials” in the Site Terms of use. Your use of the Service is also subject to Impact AV Australia’s privacy policy (which can be read at http://www.impactav.tv/legal/privacy-policy).

  1. Description of the Service

The Service is operated by Impact AV Australia P/L. Subject to your payment of any applicable fees, the Service allows you to access and view Digital Content for your own personal, non-commercial use. You may access the Digital Content for viewing in two different ways: by streaming a copy on a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”), or by downloading a copy to a Compatible Device. The product detail pages of the Service indicates whether the Digital Content you are purchasing is available for streaming and/or download. Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future. AV Australia P/L cannot be held responsible for a Compatible Device ceasing to be compatible in the future.

  1. Permitted Use of Digital Content

The Service may allow you to: (i) purchase Digital Content for viewing over an indefinite period of time (“Purchased Digital Content”) (subject to Section 3 below), and (ii) access Digital Content on a free or promotional basis for viewing over a limited period of time (“Free Digital Content”). The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service, including territorial restrictions, if any (some Digital Content may not viewable in some territories). From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.

Subject to your payment of any applicable fees (including applicable taxes) to purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, Impact AV Australia P/L grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, to access, view, use and display the Digital Content for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or, if outside your private home (e.g., in a coffee shop, hotel room, dorm room, office, or waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content.

You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (a) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; (b) remove any proprietary notices or labels on the Digital Content; or (c) use the Service or Digital Content for any commercial or illegal purpose.

You are responsible for protecting your user name and password that you create to access the Digital Content and you must not share your user name and password with anyone.

  1. Availability of Purchased Digital Content

Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons. Impact AV Australia P/L will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming. You may download and store your own copy of Purchased Digital Content on a Compatible Device authorized for such download so that you can view that Purchased Digital Content if it becomes unavailable for further download or streaming from the Service.

If you plan to download Digital Content that you purchase, we encourage you to do so promptly after your purchase. Once you purchase Digital Content and we make the Digital Content available to you, you are responsible for completing the download in a timely manner, if you choose to download, and for all risk of loss of the Digital Content we provide to you prior and after you download.

When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, such as the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming.

  1. Termination

In addition to the rights set out in the Site Terms of Use, if you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Impact AV Australia P/L may, in its absolute discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and CC Direct shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.

  1. Modification of Service

In addition to the limitations on the Digital Content identified in Section 3, Impact AV Australia P/L reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Impact AV Australia P/L will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.

  1. Amendments
    Impact AV Australia P/L reserves the right to make changes to these Additional Terms.
  1. Payment Terms
    Your total price will include the price of the Digital Content plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the Digital Content. We will charge tax only in states where digital goods are taxable. You can pay for Digital Content using either your PayPal account or your Amazon account. If you use your PayPal account to pay for your Digital Content, PayPal is responsible for collecting payment. If you use your Amazon account to pay for your Digital Content, Amazon is responsible for collecting payment. Impact AV Australia P/L does not collect or have access to any of your credit card information or account details. Impact AV Australia P/L does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give Amazon or Paypal, and you irrevocably waive any claim against us with respect to such services.
    All sales of Digital Content are final.
    Prices for Digital Content offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
    If any Digital Content becomes unavailable following a transaction but prior to download, your exclusive and sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Digital Content, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Impact AV Australia P/L in its discretion.