WasabiTV - Just Download It!

WasabiTV.com.au is a Video Portal that allows Producers to distribute video content and information through the WasabiTV.com.au website. WasabiTV.com.au only acts as an intermediary to distribute what service providers provide to WasabiTV.com.au. The services offered by WasabiTV.com.au ("WasabiTV.com.au" or "we") include the WasabiTV.com.au website (the "WasabiTV website"), the WasabiTV.com.au video service, and any other features, content, or applications offered from time to time by WasabiTV.com.au in connection with the WasabiTV Website (collectively, the "WasabiTV Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the WasabiTV Services. By using the WasabiTV Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the WasabiTV Website) or you are a "Member" (which means that you have registered with WasabiTV.com.au). The term "User" refers to a Visitor or a Member. You are only authorized to use the WasabiTV Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the WasabiTV Website and discontinue use of the WasabiTV Services immediately. If you wish to become a Member, communicate with other Members and make use of the WasabiTV Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes WasabiTV.com.au's policy for acceptable use of the WasabiTV Services and Content posted on the WasabiTV Website, your rights, obligations and restrictions regarding your use of the WasabiTV Services and WasabiTV's Privacy Policy. In order to participate in certain WasabiTV Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the WasabiTV Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@wasabitv.com.au, Subject: Terms of Use Agreement.

WasabiTV may modify this Agreement from time to time and such modification shall be effective upon posting by WasabiTV.com.au on the WasabiTV Website. You agree to be bound to any changes to this Agreement when you use the WasabiTV Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on WasabiTV.com.au and that you provide to other Users. Your WasabiTV.com.au profile, content or information may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other WasabiTV Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WasabiTV assumes no responsibility or liability for this material. If you become aware of misuse of the WasabiTV Services by any person, please contact WasabiTV by emailing offensive@wasabitv.com.au.

WasabiTV reserves the right, in its sole discretion, to reject, refuse to post or remove any content by you, or to restrict, suspend, or terminate your access to all or any part of the WasabiTV Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the WasabiTV Services is void where prohibited. By using the WasabiTV Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you have submitted the correct date of birth; and (d) your use of the WasabiTV Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you have provided a false date of birth or details.
2. Term. This Agreement shall remain in full force and effect while you use the WasabiTV Services or are a Member. You may terminate your Membership at any time, for any reason.
3. Fees. You acknowledge that WasabiTV reserves the right to charge for the WasabiTV Services and to change its fees from time to time in its discretion. WasabiTV will notify within 10 days of any possible or future fee for you as the member to decide whether to continue using the service or not. Members will not pay for content posted before any changes are made to fees. If WasabiTV terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify WasabiTV immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The WasabiTV Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WasabiTV. Illegal and/or unauthorized use of the WasabiTV Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the WasabiTV Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the WasabiTV Services.
6. Proprietary Rights in Content on WasabiTV.com.au. WasabiTV.com.au does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the WasabiTV Services. After posting your Content to the WasabiTV Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the WasabiTV Services, you hereby grant to WasabiTV.com.au a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the WasabiTV Services.
   1. Without this license, WasabiTV.com.au would be unable to provide the WasabiTV Services. For example, without the right to modify Member Content, WasabiTV would not be able to digitally compress video files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, WasabiTV could not allow Users to view videos posted by Members. The license you grant to WasabiTV is non-exclusive (meaning you are free to license your Content to anyone else in addition to WasabiTV), fully-paid and royalty-free (meaning that WasabiTV is not required to pay you for the use on the WasabiTV Services of the Content that you post), sublicensable (so that WasabiTV is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the WasabiTV Services), and worldwide (because the Internet and the WasabiTV Services are global in reach). This license will terminate at the time you remove your Content from the WasabiTV Services. The license does not grant WasabiTV.com.au the right to sell your Content, but the license does grant WasabiTV the right to distribute all or part of your Content outside of the WasabiTV Services for promotional purposes only.
   2. You represent and warrant that: (i) you own the Content posted by you on or through the WasabiTV Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the WasabiTV Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the WasabiTV Services.
   3. The WasabiTV Services contain Content of WasabiTV.com.au ("WasabiTV Content"). WasabiTV Content is protected by copyright, trademark, patent, trade secret and other laws, and WasabiTV .com.au owns and retains all rights in the WasabiTV.com.au Content and the WasabiTV Services. WasabiTV.com.au hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WasabiTV Content (excluding any software code) solely for your personal use in connection with viewing the WasabiTV Website and using the WasabiTV Services.
   4. The WasabiTV Services contain Content of Users and other WasabiTV licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the WasabiTv.com.au.
7. Content Posted. WasabiTV may delete any Content that in the sole judgment of WasabiTV violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. WasabiTV assumes no responsibility for monitoring the WasabiTV Services for inappropriate Content or conduct. If at any time WasabiTV chooses, in its sole discretion, to monitor the WasabiTV Services, WasabiTV nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   1. You are solely responsible for the Content that you post on or through any of the WasabiTV Services, and any material or information that you transmit to other Members and for your interactions with other Users. WasabiTV does not endorse and has no control over the Content. Content is not necessarily reviewed by WasabiTV prior to posting and does not necessarily reflect the opinions or policies of WasabiTV. WasabiTV makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
   2. WasabiTV reserves the right to temporarily restrict access to or delete any content at the discretion of WasabiTV directors and/or support staff at which point the producer of said content will be notified within 48 hours.
8. Content Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the WasabiTV Services. WasabiTV reserves the right to investigate and take appropriate legal action against anyone who, in WasabiTV'ssole discretion, violates this provision, including without limitation, removing the offending communication from the WasabiTV Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of WasabiTV:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   14. includes a photograph of another person that you have posted without that person's consent; or
   15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
9. Activity Prohibited. The following is a partial list of the kind of activity that is illegal or prohibited on the WasabiTV Website and through your use of the WasabiTV Services. WasabiTV reserves the right to investigate and take appropriate legal action against anyone who, in WasabiTV sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
   1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   2. advertising to, or solicitation of, any Member to buy or sell any products or services through the WasabiTV Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the WasabiTV Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
   3. covering or obscuring the banner advertisements on your personal profile page, or any WasabiTV page via HTML/CSS or any other means;
   4. any automated use of the system, such as using scripts to add friends or send comments or messages;
   5. interfering with, disrupting, or creating an undue burden on the WasabiTV Services or the networks or services connected to the WasabiTV Services;
   6. attempting to impersonate another Member or person;
   7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
   8. selling or otherwise transferring your profile;
   9. using any information obtained from the WasabiTV Services in order to harass, abuse, or harm another person;
   10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the WasabiTV Services on behalf of that person, unless it approved by WasabiTV directly in writing, with a list of previously acknowledged sponsors of your content.; or
   11. using the WasabiTV Services in a manner inconsistent with any and all applicable laws and regulations.
10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WasabiTV to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to WasabiTV by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the WasabiTV Services in a way that constitutes copyright infringement, please provide WasabiTV with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the WasabiTV website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. WasabiTV Copyright Infringement notifications can be sent to WasabiTV - Infringements PO BOX 1310 Baulkham Hills NSW 1755 or copyrights@wasabitv.com.au
11. Member Disputes. You are solely responsible for your interactions with other WasabiTV Members. WasabiTV.com.au reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Privacy. Use of the WasabiTV Services is also governed by Australian Privacy Laws, which is incorporated into this Agreement by this reference. WasabiTV also states that information gathered will not be made publicly available, shared, sold or used for distribution and will only be used to contact individual customers. Your email address will only be used to receive newsletter emails directly from WasabiTV. WasabiTV will not keep records of Credit Card details and will require users to enter information each time as required.
13. Australian TV Rating Guideline : It is up to the member to provide and accurate and up to date rating, based on the Australian TV Ratings guide, and ensure the content rating is kept up to date. WasabiTV takes no responsibility for incorrect ratings provided for members, by other member and/or producer of content.
14. Disclaimers. WasabiTV.com.au is not responsible for any incorrect or inaccurate Content posted on the WasabiTV Website or in connection with the WasabiTV Services, whether caused by Users of the WasabiTV Services or by any of the equipment or programming associated with or utilized in the WasabiTV Services. Profiles created and posted by Members on the WasabiTV Website may contain links to other websites. WasabiTV.com.au is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WasabiTV. Inclusion of any linked website on the WasabiTV Services does not imply approval or endorsement of the linked website by WasabiTV.com.au. When you access these third-party sites, you do so at your own risk. WasabiTV takes no responsibility for third party advertisements which are posted on this WasabiTV Website or through the WasabiTV Services, nor does it take any responsibility for the goods or services provided by its advertisers. WasabiTV is not responsible for the conduct, whether online or offline, of any User of the WasabiTV Services. WasabiTV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WasabiTV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the WasabiTV Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the WasabiTV Services. Under no circumstances shall WasabiTV be responsible for any loss or damage, including personal injury or death, resulting from use of the WasabiTV Services, attendance at a WasabiTV event, from any Content posted on or through the WasabiTV Services, or from the conduct of any Users of the WasabiTV Services, whether online or offline. The WasabiTV Services are provided "AS-IS" and as available and WasabiTV.com.au expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WasabiTV cannot guarantee and does not promise any specific results from use of the WasabiTV Services.
15. Limitation on Liability. IN NO EVENT SHALL WASABITV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WASABITV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WASABITV'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WASABITV FOR THE WASABITV SERVICES DURING THE TERM OF MEMBERSHIP.
16. Disputes. If there is any dispute about or involving the WasabiTV Services, you agree that the dispute shall be governed by the laws of the State of New South Wales Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts. Either WasabiTV or you may demand that any dispute between WasabiTV and you about or involving the WasabiTV Services must be settled by arbitration utilizing the dispute resolution.
17. Refunds. There will be no refunds given. Where a download is not functioning the user must contact support@wasabitv.com.au immediately so WasabiTV may rectify this problem.
18. Physical Address. For all physical representations they must be made at WasabiTV. The address as registered by ASIC is located at Unit 416 5 Celebration Drive Baulkham Hills, NSW 2153. For Telephone contact please call Ph. 02 9836 3044. For a prompt response please email support@wasabitv.com.au
19. Indemnity. You agree to indemnify and hold WasabiTV, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the WasabiTV Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the WasabiTV Website or through the WasabiTV Services causes WasabiTV to be liable to another.
20. Prizes and Giveaways. All prize winners will be published via the WasabiTV newsletter and notified via email; no correspondence will be entered into. Prizes will be held for two weeks, and if no communication is recieved the winner forfeits all prizes. WasabiTV's decision is final. By entering the giveaway you agree to receive newlsetter emails from WasabiTV.
21. Purchase Limitations. The user agrees that all content available for download, paid and free maybe removed or altered without notice. WasabiTV is an intermediary and cannot pass judgment on producers and content providers from removing or altering content. It is also the sole responsibility of the user to ensure that all content is backed up for later use. No communication will be entered into this matter. For clarification please email support@wasabitv.com.au.
22. Credit Card Payments. WasabiTV have contracted Payecom Pty Ltd (www.payecom.com.au) to securely receive credit card information provided during the WasabiTV e-commerce checkout software. WasabiTV will not ask you to enter your credit card information until you have landed on Payecom's secure payment gateway. WasabiTV will not store or record credit card information electronically on wasabitv.com.au or any server or domain under ownership of WasabiTV Pty Ltd.
23. Credit Card Liability. WasabiTV is not responsible for any breach in security of Payecom's secure payment gateway and can NOT be held responsible in the case where credit card information may be stolen electronically during the WasabiTV e-commerce checkout software.
24. Credit Card Decline. WasabiTV has the right to decline any credit card payment made during the WasabiTV e-commerce checkout software and can request an alternative method of payment from the customer at any time. If an alternative payment can not be arranged by the customer, WasabiTV has the right to suspend the customer's account and block the customer from attempting to register any additional accounts.

This Agreement is accepted upon your use of the WasabiTV Website or any of the WasabiTV Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and WasabiTV regarding the use of the WasabiTV Services. The failure of WasabiTV to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. WasabiTV is a trademark of WasabiTV.com.au Australian Business Number 37 832 646 506. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Terms are subject to change at any time.