Except as set per Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the DAVC. You are explicitly not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the DAVC. You acknowledge that the DAVC embodies the intellectual property of a third party and is protected by law.
You agree that Filmandmusic.mobi and its subsidiaries or parent companies have no liability to you for DAVC you find to be offensive, indecent or objectionable.
All sales of DAVC are final. Returns of DAVC are not accepted. Once you have purchased DAVC, you are encouraged to download it immediately and instantly create a personal back-up copy.
You are the bearer of any risk of loss after purchase. We accept no responsibility for any loss of DAVC that you have downloaded, including any loss due to a digital device and/or hard drive crash.
It is your responsibility to ensure your device can connect to the Internet and download your purchased DAVC via the Internet standard HTTP protocol. Filmandmusic.mobi takes no responsibility if for any reason you can not connect to the Internet and/or your device can not permanently store files downloaded from the Internet.
We may remove digital AV content from the Service without notice or change prices and/or availability at any given time.
The digital AV content may include unique identifiers that are specific to you or your purchase ("Unique Identifiers").
Without limiting the Disclaimer of Warranties and Limitation of Liability in the Conditions of Use: in no event shall our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software and/or Service exceed the amount of twenty dollars ($20.00); and (ii) in no event shall our or our digital AV content providers' total liability to you for all damages arising from your use of the Service, the digital AV content, or information, materials or products included on or otherwise made available to you through the Service exceed the amount you paid to purchase, the digital AV content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
Filmandmusic.mobi and/or its affiliates offer website features to you subject to the following conditions. If you visit or shop at Filmandmusic.mobi, you accept and agree to be bound by these conditions. Please read them carefully. In addition, when you use any current or future Filmandmusic.mobi service or business you also will be subject to the guidelines, terms and agreements applicable to such service or business. In the case of consistencies between such Terms, these Terms will prevail.
Please review our Privacy Notice, which also governs your visit to Filmandmusic.mobi, to understand our practices.
When you visit Filmandmusic.mobi and/or send e-mails to us, you are communicating with us and consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
All content on this site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, videos and/or software, is the property of Filmandmusic.mobi and/or its content suppliers and hence protected by Australian and international copyright law. The compilation of all content on this site is the exclusive property of Filmandmusic.mobi and falls under the same copyright protection. All software used on this site is the property of Filmandmusic.mobi and/or its software suppliers and is hence protected by Australian and international copyright laws.
All trademarks are by their respective owners.
Filmandmusic.mobi grants you a limited license to access this site. You shall not download (other than page caching) or modify it, or any portion of it, except with express written consent of Filmandmusic.mobi obtained prior.
This license excludes any resale and/or commercial use of this site or its contents; any collection and use of any product listings, descriptions, and/or prices; any derivative use of this site and/or its contents; any downloading and/or copying of account information for the benefit of another merchant; and/or any use of data mining, robots, or similar data gathering and extraction tools. This site and any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form)/ You may not use any meta tags or any other "hidden text" utilizing the Filmandmusic.mobi logo, name or trademarks. Any unauthorized use terminates the permission and/or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to pages of Filmandmusic.mobi so long as the link does not portray Filmandmusic.mobi, and/or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use our logo and/or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are solely responsible for maintaining confidentiality of your account and password and for restricting access to your computer accordingly. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may not use Filmandmusic.mobi. Filmandmusic.mobi reserves the right to refuse service, terminate accounts, remove and/or edit content, and/or cancel orders at our sole discretion.
Visitors may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate another person or entity, or otherwise mislead as to the origin your content. Filmandmusic.mobi reserves the right (but not the obligation) to remove and/or edit any user-supplied content, but does not regularly review posted content.
If you do post content and/or submit material, you grant Filmandmusic.mobi a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Filmandmusic.mobi and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and you warrant that you own and/or otherwise control all of the rights to the content that you post; that the content is accurate and correct; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You explicitly indemnify Filmandmusic.mobi for any claims resulting from content you supply. Filmandmusic.mobi has the right but not the obligation to monitor and/or edit and/or remove any activity or content at any given time. Filmandmusic.mobi takes no responsibility and assumes no liability for any content posted by you and/or any third party.
All items purchased from Filmandmusic.mobi are made pursuant to a shipping contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Parties other than Filmandmusic.mobi operate stores, provide services, or sell product lines on this site and/or Filmandmusic.mobi-related sites. Filmandmusic.mobi can not and does not assume any responsibility or liability for the actions, product, and content of any or all of these and any other third parties. Ensure yuo carefully review privacy statements and other conditions of use on these sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Filmandmusic.mobi ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Filmandmusic.mobi MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Filmandmusic.mobi DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Filmandmusic.mobi DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM Filmandmusic.mobi ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Filmandmusic.mobi WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE AND/OR FROM ANY INFORMATION, MATERIALS, PRODUCTS, CONTENT, INCLUDING SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website Filmandmusic.mobi and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and use any content from the website Filmandmusic.mobi for your own personal use only, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use our website Filmandmusic.mobi in any way that causes, or may cause, damage to the website Filmandmusic.mobi or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website Filmandmusic.mobi to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website Filmandmusic.mobi without our express written consent. You must not use our website Filmandmusic.mobi to transmit or send unsolicited commercial communications. You must not use our website Filmandmusic.mobi for any purposes related to marketing without our express written consent.
Access to certain areas of our website Filmandmusic.mobi is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website Filmandmusic.mobi or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website Filmandmusic.mobithat is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website Filmandmusic.mobi remains available or that the material on the website Filmandmusic.mobi is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website Filmandmusic.mobi and the use of this website Filmandmusic.mobi (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions]
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website Filmandmusic.mobi and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website Filmandmusic.mobi from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
These terms and conditions shall be governed by and construed in accordance with Victorian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Melbourne, Victoria - Australia.