Terms and Conditions

Terms and Conditions

ANY TERMS WHICH APPEAR IN CAPITALS LIMIT Portfolio and Reel Pty.Ltd's LIABILITY TO YOU OR REVEAL LIABILITIES WHICH WILL BE BORNE BY YOU. YOU MUST READ THESE TERMS CAREFULLY

 

Interpretation

1. In these terms and conditions, You and Your refers to the person firm company or other body corporate whose details are entered into the registration form above and Portfolio and Reel Pty.Ltd means, as the context dictates, this website.

 

Entry to Portfolio and Reel Pty.Ltd

2. You may only enter the restricted areas of Portfolio and Reel Pty.Ltd with a valid Password. You shall not attempt to enter restricted areas of Portfolio and Reel Pty.Ltd via any other method than that provided by Portfolio and Reel Pty.Ltd

3. We will allocate You a Password (or not, as the case may be) via e-mail having verified Your registration as truthful, sufficiently linked into advert and music video production (and We shall be the sole and final arbiter of what constitutes a sufficient link into advert and music video production) and a cleared payment into Your credit account. We may refuse to allocate You a Password entirely at Portfolio and Reel Pty.Ltd’s discretion and without any reason

4. Your Password shall be personal to you and your company only and non-transferable to other companies. You may not share, lend, hire, rent, lease or loan Your Password or otherwise allow it to be used by a third party. You agree that any breach of this condition shall leave You liable as the first person/party for any breaches of these conditions by a third party authorised by You to use Your Password

5. You warrant to Portfolio and Reel Pty.Ltd that either;

5.1 (In the event of registering as a business) You are the owner of or the duly authorised officer of a firm or company whose business relates to advert and music video production

5.2 (In the event of registering personally) the declaration that You made in the registration form as to Your professional status is true in all respects

 

Your conduct within public areas of Portfolio and Reel Pty.Ltd

6. Breach of the terms and conditions which follow under this heading will lead to Your being expelled from Portfolio and Reel Pty.Ltd and Your permanent exclusion thereafter

7. You acknowledge that You are, and You shall be held as, the legally responsible party for any text, graphics or other images that are placed by You in Portfolio and Reel Pty.Ltd and that breach, infringe or violate any law, regulation or other rule (with particular regard to, but without limitation intellectual property and decency laws) of any competent jurisdiction world wide and YOU AGREE TO INDEMNIFY Portfolio and Reel Pty.Ltd AGAINST ALL COSTS INCURRED BY Portfolio and Reel Pty.Ltd DEALING WITH LEGAL PROBLEMS CREATED AS A RESULT OF TEXT AND MATERIALS PLACED IN Portfolio and Reel Pty.Ltd BY YOU

8. No commercial transactions may be undertaken by You within Portfolio and Reel Pty.Ltd

 

The conduct of others within public areas of Portfolio and Reel Pty.Ltd

9. It is impossible for Portfolio and Reel Pty.Ltd to monitor Portfolio and Reel Pty.Ltd vigorously enough to ensure that no defamatory, offensive, indecent or other sensitive material appears within Portfolio and Reel Pty.Ltd and You therefore must enter at Your own risk. WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR THE CONTENT OF Portfolio and Reel Pty.Ltd PLACED THERE BY ANY THIRD PARTY. SHOULD YOU HAVE ANY COMPLAINT WITH THE CONTENT OF Portfolio and Reel Pty.Ltd YOU MUST DIRECT THAT COMPLAINT AT THE PERSON UPLOADING MATERIAL WHICH CAUSES YOU COMPLAINT

10. We reserve the right to assist in the identification of those persons who’s actions are in breach of these terms and conditions – that may mean You

11. If You are excluded from Portfolio and Reel Pty.Ltd Your credit account will be cancelled forthwith and You will receive no refund upon any credit at the date of exclusion which shall be retained by Portfolio and Reel Pty.Ltd as liquidated costs of policing Your movements within Portfolio and Reel Pty.Ltd prior to excluding You Your input/uploaded media

12. You are at liberty to upload (where possible) any text, software, files, graphics, sound files or other media into Portfolio and Reel Pty.Ltd provided always that any such media that You upload is not subject to Intellectual Property rights or other proprietary rights that do not belong to You or for which You have not been given express permission to upload into Portfolio and Reel Pty.Ltd by the owner of such rights

13. We reserve the right to delete alter or amend any text, media or material uploaded into Portfolio and Reel Pty.Ltd by You, and You acknowledge that this reservation does not affect Your agreed duty to comply strictly with any other(s) of these terms and conditions

14. By the act of uploading any text, software, files, graphics, sound files or other media into Portfolio and Reel Pty.Ltd You shall automatically grant, or warrant that the owner grants, to Portfolio and Reel Pty.Ltd a world wide non-exclusive licence and right to use, reproduce, modify, adapt, publish translate distribute transmit and display such media without any charge or royalty being payable by Portfolio and Reel Pty.Ltd to You or the owner of such media

15. YOU WILL INDEMNIFY AND HOLD Portfolio and Reel Pty.Ltd HARMLESS AGAINST ANY COMPENSATION DAMAGES AND COSTS THAT MAY BE AWARDED OR AGREED TO BE PAID TO ANY THIRD PARTY IN RESPECT OF ANY CLAIM OR ACTION (INCLUDING ANY COST OF DEFENDING SUCH A CLAIM OR ACTION) THAT ARISES BY VIRTUE OF MATERIAL OR OTHER MEDIA UPLOADED BY YOU INTO Portfolio and Reel Pty.Ltd THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF SUCH THIRD PARTY

 

Risk to Your computer

16. You expressly agree that Your use of Portfolio and Reel Pty.Ltd is entirely at Your own risk. The nature of the Internet and access to public sites such as Portfolio and Reel Pty.Ltd puts Your computer at the risk of being infected by computer viruses, worms, cookies or other manner of electronic programs which could impair or destroy the working of Your computer. YOU THEREFORE UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED VIA Portfolio and Reel Pty.Ltd IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER AND ANCILLARY PARTS OF IT

17. We may use a system within the Portfolio and Reel Pty.Ltd that downloads and runs on Your computer to analyse the way in which You use and conduct Your access to Portfolio and Reel Pty.Ltd. We take responsibility for any damage caused to Your computer as a result of Portfolio and Reel Pty.Ltd’s negligence in running such systems, however WE LIMIT THAT LIABILITY TO YOUR COMPUTER HARDWARE AND NOT YOUR SOFTWARE FOR WHICH YOU SHOULD HAVE BACK-UP COPIES MADE BEFORE ENTERING Portfolio and Reel Pty.Ltd

 

Continuous availability of Portfolio and Reel Pty.Ltd

18. You agree that by the nature of the medium through which You enter Portfolio and Reel Pty.Ltd is liable to technical faults. We also reserve the right to make repairs, alterations or improvements to Portfolio and Reel Pty.Ltd which may result in temporary loss of connection. We therefore can not guarantee that You will be able to log into Portfolio and Reel Pty.Ltd every time You attempt to, and that Your connection to Portfolio and Reel Pty.Ltd will remain uninterrupted at all times. WE ACCEPT NO LIABILITY TO YOU FOR LOSS OF CONNECTION TO, OR INABILITY TO LOG INTO, Portfolio and Reel Pty.Ltd

 

Warranties as to quality of Portfolio and Reel Pty.Ltd

19. You acknowledge that the materials which Portfolio and Reel Pty.Ltd provides for payment is for viewing only and such materials are supplied by third parties as a result agree to the following limitation of warranties: All terms as to the quality, fitness for purpose and other terms implied at law regarding the sale of goods and/or the supply of services shall be limited (by Your acceptance thereto) to the state of the art for viewing files at the time immediately prior to downloading from Portfolio and Reel Pty.Ltd

 

Intellectual property of third parties

20. The clips and other materials which You will be able to download from Portfolio and Reel Pty.Ltd are copyright protected works belonging to third parties and are reproduced on this site and available for download as a result of the professional courtesy of those third parties. The following warranties and indemnities are given by You in respect of the copyright and other intellectual property belonging to those third parties

21. You will obtain absolutely no rights of copyright trademark or other such intellectual property in any of the materials downloaded from Shot.net

22. You warrant that You will not use any of the material downloaded from Portfolio and Reel Pty.Ltd for any other purpose than viewing that material and You will not (whether in whole or in part) make any copies or reproductions of the material, pass the material onto any third party, publish the material or otherwise make use of the material either commercially or personally.

23. YOU WILL INDEMNIFY AND HOLD Portfolio and Reel Pty.Ltd HARMLESS AGAINST ANY COMPENSATION DAMAGES AND COSTS THAT MAY BE AWARDED OR AGREED TO BE PAID TO ANY THIRD PARTY IN RESPECT OF ANY CLAIM OR ACTION (INCLUDING ANY COST OF DEFENDING SUCH A CLAIM OR ACTION) THAT ARISES BY VIRTUE OF ANY USE YOU MAY MAKE OF MATERIALS BELONGING TO THIRD PARTIES AND WHICH HAVE BEEN DOWN LOADED BY YOU FROM Portfolio and Reel Pty.Ltd THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF SUCH THIRD PARTY

 

Intellectual Property of Portfolio and Reel Pty.Ltd

24. All editorial comment on Portfolio and Reel Pty.Ltd and any trade names trade marks referring to Portfolio and Reel Pty.Ltd are the exclusive property Portfolio and Reel Pty.Ltd and copyright trade marks. You must not:

24.1 make copies of any text, software, files, graphics, sound files or other media appearing in Portfolio and Reel Pty.Ltd; or

24.2 reverse compile, copy or adapt the whole or any part of Portfolio and Reel Pty.Ltd

 

Limitation of liability (generally)

25. UNLESS PROVIDED FOR SPECIFICALLY ELSEWHERE IN THESE TERMS AND CONDITIONS (IN WHICH CASE SUCH OTHER TERM SHALL SUPERSEDE THIS TERM) Portfolio and Reel Pty.Ltd’S ENTIRE LIABILITY (INCLUDING ANY LIABILITY FOR THE ACTS AND OMISSIONS OF Portfolio and Reel Pty.Ltd’s EMPLOYEES AGENTS AND SUB?CONTRACTORS) TO YOU IN RESPECT OF ANY BREACH OF Portfolio and Reel Pty.Ltd’S CONTRACTUAL OBLIGATIONS ARISING UNDER THESE TERMS AND CONDITIONS AND ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT BETWEEN Portfolio and Reel Pty.Ltd AND YOU) SHALL BE LIMITED AS FOLLOWS:

26. OUR LIABILITY TO YOU FOR DEATH OR INJURY RESULTING FROM Portfolio and Reel Pty.Ltd’S NEGLIGENCE SHALL NOT BE LIMITED.

27. OUR ENTIRE LIABILITY IN RESPECT OF ANY DEFAULT UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THE TOTAL PAYMENTS THAT YOU HAVE MADE IN RESPECT OF YOUR CREDIT ACCOUNT

28. WE SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY TYPE OF SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF AN ACTION BROUGHT BY A THIRD PARTY) EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR WE HAD BEEN ADVISED OF THE POSSIBILITY OF YOUR INCURRING THE SAME BY YOU.

29. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSSES (WHICH SHALL INCLUDE DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGE) RESULTING FROM YOUR USE OF Portfolio and Reel Pty.Ltd, YOUR INABILITY TO USE Portfolio and Reel Pty.Ltd OR YOUR RELIANCE UPON ANY INFORMATION YOU RECEIVE VIA Portfolio and Reel Pty.Ltd

30. IF A NUMBER OF EVENTS GIVE RISE SUBSTANTIALLY TO THE SAME LOSS THEN THEY SHALL BE REGARDED AS GIVING RISE TO ONLY ONE CLAIM UNDER THESE TERMS AND CONDITIONS.

31. YOU HEREBY AGREE TO AFFORD THE COMPANY NOT LESS THAN 48 HOURS (FOLLOWING NOTIFICATION THEREOF BY YOU) IN WHICH TO REMEDY ANY DEFAULT OR BREACH HEREUNDER.

32. WE SHALL HAVE NO LIABILITY TO YOU IN RESPECT OF ANY DEFAULT OR BREACH UNLESS YOU HAVE NOTIFIED Portfolio and Reel Pty.Ltd OF THE SAME WITHIN 3 WEEKS OF THE DATE YOU BECAME AWARE OF THE CIRCUMSTANCES GIVING RISE TO THE DEFAULT OR BREACH OR THE DATE WHEN YOU OUGHT REASONABLY TO HAVE BECOME SO AWARE

 

Your right to terminate

33. You may terminate Your agreement with Portfolio and Reel Pty.Ltd at any time by giving Portfolio and Reel Pty.Ltd notice by e-mail to the address set out . Should You terminate Your agreement with Portfolio and Reel Pty.Ltd we reserve the right to retain all monies pre-paid By You for access to Portfolio and Reel Pty.Ltd though You will remain able to access Portfolio and Reel Pty.Ltd until such time as Your pre-paid credit expires.

 

Waiver

34. The waiver by Portfolio and Reel Pty.Ltd of a breach or default of any of the provisions of these terms and conditions by You shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on Portfolio and Reel Pty.Ltd’s part to exercise or avail Ourselves of any right power or privilege that We have hereunder operate as a waiver of any breach or default by You

 

Invalidity and sever-ability

35. If any of these terms and conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforce-ability of such provision shall not affect the other terms and conditions and all provisions not affected by such invalidity or unenforce-ability shall remain in full force and effect

 

Notices

36. Any notice request instruction or other document to be given hereunder shall be delivered or sent by e-mail to the addresses as follows, such notices being deemed to have been received 12 hours after the evidenced time of sending.

 

 

Portfolio and Reel - SUBSCRIPTION TERMS & CONDITIONS

These terms and conditions apply to subscriptions of Portfolio and Reel.

Your subscription will be fulfilled by Portfolio and Reel, Suite 11/ 16 Charles Street Redfern Sydney 2016 NSW Australia ABN 42 001 642 164

Your subscription shall be on these terms to the exclusion of all other terms and conditions of business, including any that you may send to us when placing, renewing or paying for a subscription. We may vary these terms at any time.

For current prices, contact us at info@Portfolio and Reel Pty.Ltd or by telephone on +61 2 9319 4787. Subscriptions to Portfolio and Reel are subject to GST within Australia.

Prices are quoted in Australian Dollars, and you may pay by cheque, BPAY transfer, PayMate, or credit card. All credit card transactions are taken in Australian Dollars.

Unless otherwise agreed, your subscription will not begin until we have received payment in full cleared funds for your subscription term.

You may not cancel your subscription before the end of your subscription term and there shall be no refund of any subscription fees paid.

We will use reasonable endeavours to contact you towards the end of your subscription term to remind you to renew your subscription if you wish to do so.

Please notify us at info@Portfolio and Reel Pty.Ltd or by telephone on +61 293194787 if you change address. We will not be liable to you for any non-delivery to you if you fail to notify us of a change of address. We will also not be liable to you for any delay in delivery or non-delivery if such delay or failure is due to circumstances beyond our, or our agents?, control, such as power failure, fire, flood, government act, strikes, labour disputes or malicious damage involving employees.

Each subscription to Portfolio and Reel Pty.Ltd permits a single company access Portfolio and Reel Pty.Ltd. A user will receive a user name and password in order to do so. Only the subscribing company can access the service with that user name and password. If you believe that there has been unauthorised use, you must promptly notify us at info@Portfolio and Reel Pty.Ltd or by telephone on +61 293194787.

Additional users based at a different company location may be purchased at the full rate. Subscribers shall indemnify Portfolio and Reel against all costs, losses or expenses resulting from any unauthorised use of a user name and/or password by any unnamed user or third party.

All rights in the content of Portfolio and Reel Pty.Ltd, including, but not limited to, text, images, sound, software (including, code, interface and website structure), video and look and feel, design and compilation are owned by Portfolio and Reel or its licensors. No part of any such content may be reproduced in any form (save downloads necessary to access Portfolio and Reel Pty.Ltd) without our prior written permission or as permitted by law. You may only use the content for your own requirements in the course of your business.

We use reasonable endeavours to ensure that all information contained in your subscription products is accurate and up-to-date at the time of publication, but all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law. Nothing in these terms excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential losses, costs, damages or expenses however arising. Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of these terms shall be limited to the price paid for your subscription during the 12 months preceding the date on which the claim arose.

We use any personal and transactional information (e.g. name, address, e-mail address, (or credit card details) you supply to us in order to fulfil your subscription, and to contact you to renew your subscription.

You may not assign, sub-license, sub-contract or otherwise transfer to any third party (including any group company) your rights and/or obligations under these terms. We may assign, sub-license, sub-contract or transfer our rights to any third party at any time.

We may terminate your subscription immediately without a refund if you breach any of these terms. Failure by us to enforce any provision of these terms shall not be deemed to be a waiver of our right to do so

No changes to invoice details can be made after the order has been processed if we were not informed of the changes at the time of the order being placed.