D&H Media Services Pty Ltd
Terms Of Service
These Services are operated by D&H Media Services Pty Ltd. (“Company”, “we”, “us” or “our”). Please read these Terms of Service (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use of any developed mobile application or website (collectively, the “Services”) developed or created by D&H Media Services Pty Ltd. This Agreement applies whether you are accessing the Services via a wireless or mobile device, a personal computer, or any other device (each, a “Device”). This Agreement does not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.
1. Modifications. We may modify this Agreement from time to time and at any time in our sole discretion. Once we post or make them available, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review this Agreement regularly, so you are aware of the most current rights and obligations that apply to you.
2. General. D&H Media Services Pty Ltd operates several public-facing apps and websites, including this one, and makes content available to mobile users. Content that is available for sale (“In-App Purchases”), are subject to the terms and conditions of the entity that operates the app store from which they are purchased, which are accessible on that entity’s website.
3. Access. Access to the Services and any associated content or websites does not create a professional services relationship or any other relationship with D&H Media Services Pty Ltd.
4. User Registration. In order to access and use the same features of Services, we may require that you register on the Site and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, name, and related information (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify Company of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services for any reason, including, without limitation, if we believe there is a question about the identity of the person trying to access any account or element of the Services. Company shall not be responsible or liable for any loss or damage arising from your failure to comply with this Article 4.
5. Subscriptions and In-App Purchases. In-app purchases and subscriptions are managed by the publisher and/or the app store operator where the purchase was made. By completing a purchase, you agree to the terms and conditions of the applicable app store. If you wish to cancel a subscription, have a refund request or a question regarding your in-app purchase or subscription purchase, please refer to the platform operator’s terms and instructions on how to do so. D&H Media Services Pty Ltd cannot process refunds or cancellations of your purchases.
6. Technical Issues. For assistance with technical issues or customer support inquiries in connection with the Services, such as issues logging into your account or accessing content, please contact [email protected]
9. Advertisements. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
10. Indemnity. You agree to indemnify, defend and hold Company, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation this Agreement or (c) your User Materials. Company reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
11. DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES, AND ALL COMPANY CONTENT, PRODUCTS, SERVICES AND USER MATERIALS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, INCLUDING IN CONNECTION WITH ANY PLATFORM, OPERATOR OR THIRD PARTY PROCESSORS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THE SITE, AND ALL COMPANY CONTENT, PRODUCTS, SERVICES AND USER MATERIALS ARE HEREBY DISCLAIMED. FURTHER, COMPANY ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY END USER CONDUCT IN CONNECTION WITH (A) THE DOWNLOAD, PURCHASE AND/OR USE OF ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, OR (B) ANY OTHER LOSS OR DAMAGE WHATSOEVER, IN EACH INSTANCE, RELATING TO OR IN CONNECTION WITH ANY END USER’S DOWNLOAD, PURCHASE AND/OR USE OF ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT AND/OR ANY OTHER END USER OR THIRD PARTY CONDUCT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, User Materials and Company Content associated with your use of the Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions, including, without limitation, User Content, may not be processed in a timely fashion or at all, and some features or functions, including, without limitation, Updates, may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Company assumes no liability, responsibility, or obligation to transmit, process, store, receive or deliver transactions or User Content or for any failure or delay associated with any User Content and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or User Content. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
12. Force Majeure. Company shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption in connection with any product or service offered by Company or any third party resulting directly or indirectly from any cause beyond the reasonable control of Company, including, without limitation, an act of war or terrorism, failure of electricity supply, systems or connections, service interruptions, natural disaster, third party service provider failure or delay in performance, civil commotion, governmental action, labour dispute, act of God or other causes beyond the reasonable control of Company.
13. Assignment. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred, or assigned by you, but may be assigned or transferred by Company without restriction, notice or other obligation to you or any third party.
14. Governing Law; Miscellaneous.
14.1 This Agreement contain the entire understanding and agreement between you and Company concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed orally. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid, and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such case arose). The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
14.2 This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state’s conflict of law’s provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenient or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
14.3 Company is based in the United States and the Services are controlled and hosted by Company from its offices in the United States. Company makes no representation or warranty that the Services or Company Content contained on or made available in connection therewith is legal, appropriate, or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported, or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
This Agreement was last modified on 04/06/2021 and is effective immediately.
Copyright © 2021 D&H Media Services Pty Ltd.