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Terms of Use
  1. Your Acceptance
    www.uctv.fm ("uctv.fm") is an entertainment channel distributed on multiple IPTV platforms including the web, smartphones and Internet connectable TVs. uctv.fm is owned and operated by uctv.fm Pty Limited (ACN 107 215 896) ("Us" or "Our" or "We"). Your access to uctv.fm is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as "Terms of Use"). Your use of, and/or access to, uctv.fm constitutes your agreement to the Terms of Use. uctv.fm reserves the right to amend the Terms of Use at any time. You should review these Terms of Use regularly.
  2. Service
    1. All information, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, advertisements and other material on uctv.fm (collectively known as "Content") belong to Us, Our suppliers and/or licensors unless expressly indicated otherwise on uctv.fm. The Content is protected by Australian and international copyright and trademark laws. Content on uctv.fm is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on uctv.fm or expressly authorised in writing by Us or Our affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on uctv.fm (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) use an industry-standard Web browser, view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use uctv.fm in any manner or for any purpose which is unlawful or in any manner which violates any right of uctv.fm Pty Ltd or an affiliate or which is prohibited by the Terms of Use.
    2. uctv.fm may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, uctv.fm will not and cannot censor or edit the content of any third-party site. By using uctv.fm, you expressly relieve Us from any and all liability arising from your use of any third-party website.
    3. Accordingly, We encourage you to be aware when you leave uctv.fm and to read the terms and conditions and privacy policy of each other website that you visit.
  3. uctv.fm Accounts
    1. In order to access some features of uctv.fm, you will have to create a uctv.fm, Twitter or Facebook account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Us immediately of any breach of security or unauthorised use of your account.
    2. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable for any losses of uctv.fm Pty Ltd or others due to such unauthorised use.
  4. General Use of uctv.fm - Permissions and Restrictions
    We hereby grants you permission to access and use uctv.fm as set forth in these Terms of Use, provided that:
    1. You agree not to distribute in any medium any part of uctv.fm ("Content") without Our prior written authorisation, unless uctv.fm makes available the means for such distribution through functionality offered by uctv.fm (such as the Embeddable Player).
    2. You agree not to alter or modify any part of uctv.fm.
    3. You agree not to access Content through any technology or means other than the video playback pages of uctv.fm itself, the Embeddable Player, or other explicitly authorised means uctv.fm may designate.
    4. You agree not to use uctv.fm for any of the following commercial uses unless you obtain Our prior written approval:
      1. the sale of access to uctv.fm;
      2. the sale of advertising, sponsorships, or promotions placed on or within uctv.fm or Content; or
      3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via uctv.fm, unless other material not obtained from uctv.fm appears on the same page and is of sufficient value to be the basis for such sales.
    5. Prohibited commercial uses do not include:
      1. showing uctv.fm videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.4; or
      2. any use that uctv.fm expressly authorises in writing.
    6. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the uctv.fm website.
    7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses uctv.fm in a manner that sends more request messages to the uctv.fm servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, uctv.fm grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. uctv.fm reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from uctv.fm, nor to use the communication systems provided by uctv.fm (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of uctv.fm with respect to their Content.
    8. In your use of uctv.fm, you will comply with all applicable laws.
    9. uctv.fm reserves the right to discontinue any aspect of uctv.fm at any time.
  5. Your Use of Content
    6. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
    1. The Content on uctv.fm, and the trademarks, service marks and logos ("Marks") on uctv.fm, are owned by or licensed to Us, subject to copyright and other intellectual property rights under the law.
    2. Content is provided to you as is. You may access Content for your information and personal use solely as intended through the provided functionality of uctv.fm and as permitted under these Terms of Use. You shall not download any Content unless you see a "download" or similar link displayed by uctv.fm on uctv.fm for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of uctv.fm or the respective licensors of the Content. uctv.fm and its licensors reserve all rights not expressly granted in and to uctv.fm and the Content.
    3. You agree not to circumvent, disable or otherwise interfere with security-related features of uctv.fm or features that prevent or restrict use or copying of any Content or enforce limitations on use of uctv.fm or the Content therein.
    4. You understand that when using uctv.fm, you will be exposed to Content from a variety of sources, and that uctv.fm is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless uctv.fm Pty Ltd, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of uctv.fm.
  6. User comments and Conduct
    1. As a uctv.fm account holder you may submit user comments to uctv.fm. You understand that We do not guarantee any confidentiality with respect to any information you submit.
    2. You shall be solely responsible for your own user comments and the consequences of submitting and publishing your user comments on uctv.fm. You affirm, represent, and warrant that you own or have the necessary rights, consents, and permissions to publish user comments you submit; and you license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on uctv.fm pursuant to these Terms of Use.
    3. We do not endorse any user comments submitted to uctv.fm by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with such user comments. We reserve the right to remove your user comments without prior notice.
  7. Account Termination Policy
    1. We will terminate a user's access to uctv.fm if, under appropriate circumstances, the user is determined to be a repeat infringer.
    2. We reserve the right to decide whether your user comments violate these Terms of Use for reasons such as, but not limited to, explicit language, links to pornography contents, or excessive length. We may at any time, without prior notice and in our sole discretion, remove your comments and/or terminate a user's account for submitting such comments in violation of these Terms of Use.
  8. Limitation of Liability
    1. The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Us of services on uctv.fm which cannot be excluded, restricted or modified ("Non-excludable Rights"). We do not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
    2. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) We and Our suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) We do not warrant that the functions contained in any Content or any Communications Facility or your access to uctv.fm will be uninterrupted or error-free, that any defects will be corrected or that uctv.fm or the server which stores and transmits Content to you are free of viruses or any other harmful components and d) We do not warrant or make any representation regarding your access to, or the results of your access to, the uctv.fm (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
    3. Under no circumstances (including but not limited to any act or omission on the part of uctv.fm Pty Ltd) will We or Our affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, uctv.fm or any Content. You expressly acknowledge and agree that We do not exert control over users of the uctv.fm (including individuals referred to on the uctv.fm as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
    4. To the fullest extent permitted by law, Our liability for breach of any implied warranty or condition which cannot be excluded is limited to, in the case of services supplied or offered by Us, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again.
  9. Indemnity
    10. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless uctv.fm Pty Ltd, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to uctv.fm; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of uctv.fm.
  10. Ability to Accept Terms of Use
    1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
    2. We provide these Terms of Use with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Use and that you have agreed to them.
  11. Assignment
    12. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by uctv.fm without restriction.