(Trading under Focus on the Family Australia (FOTFA / FamilyCast))
1. Description of Service
These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services to its website video streaming Services located under https://familycast.com.au/ and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the ProFam Australia (Trading under Focus on the Family Australia (FOTFA / FamilyCast)) Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by FOTFA.
2. Acceptance of Terms
FOTFA shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
3. Access and Use of Service
Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. FOTFA makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorisation or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
4. Your Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. FOTFA specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the FOTFA.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. FOTFA will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
5. User Information
You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorisation to register for the Services and post User Generated Content. FOTFA reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other FOTFA policies, and applicable laws and regulations.
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorised by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.
You agree to immediately notify FOTFA of any unauthorised use of your username and password.
7. Use of Services
The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.
Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.
8. Payments & Billing
All content on FamilyCast is made freely available to you by those who generously support Focus on the Family Australia.
You can update your account information at any time by logging into FamilyCast and clicking the User Settings tab when logged into your account.
If you’re in a position to support FamilyCast and would like to make a donation, we’d be very grateful.You can make a tax-deductable donation here. Receipts are sent to your registered email account once your gift is successful.
9. User Comments and Suggestions
While FOTFA values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions. If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the FOTFA in whole or in part. FOTFA shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and FOTFA shall not be liable for any use or disclosure.
10. Intellectual Property
FamilyCast Services (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of FOTFA and is protected by copyright, and other intellectual property common and statutory laws of Australia and other countries.
You agree that FOTFA owns and retains all rights to the Services and that its content is solely owned and controlled by the content provider and all such material are protected and copyrighted, and protected by copyright, and other intellectual property common and statutory laws of Australia and other countries.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose. With the only expectation of a valid extended licence attained and Group use in accordance with the conditions outlined under 7B and 7C.
11. Social Networking
Users may have the option to post Services content links on social networking websites of their own choice, through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the relevant social networking Services.
12. Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by FamilyCast for Publishers, FOTFA grants a limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through http://familycast.com.au/
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does not own or control.
Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the FOTFA. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require FOTFA to acquire users’ mobile phone numbers and perhaps additional such information in order to obtain access to the Software.
Users agree that FOTFA may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. FOTFA may use this information, as long as it is in a form that does not personally identify a user.
FOTFA shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated by the user or FOTFA at its sole discretion. User’s rights under this license will terminate automatically without notice if the user fails to comply with any terms of this License. Upon termination, the user shall cease all use of the Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
13. Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify FOTFA by providing our team with the following information:
The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorised by the copyright owner, any agent of the copyright owner, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send FOTFA a counter-notice that includes the following:
Your name and address, and telephone number;
The source address of the removed content;
A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of Australia, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.
Please note that the Australian Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.
Address any concerns or notices of claims of copyright infringement to our staff by email at firstname.lastname@example.org
14. Warranty Disclaimers
The services are provided "as is" and “as available”, with all faults and without warranty of any kind, and FOTFA hereby disclaims all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
FOTFA does not warrant that the services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the services are free of computer viruses or other harmful mechanisms. Should the licensed application or services prove defective, FOTFA is not responsible for those costs associated with the need for servicing or replacing equipment or data.
FOTFA makes no warranties about the accuracy, reliability, completeness or timeliness of the services or user generated content offered or any other content accessed through the services.
The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, FOTFA does not assume any liability for any damage users may experience or costs users may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on FOTFA’s part, or result in any liability to you in the event that such information is inadvertently released or accessed by third parties without consent.
FOTFA takes no responsibility whatsoever for the information you have uploaded to the services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information. Nor is FOTFA responsible for loss of information through the action of any third party or because of circumstances beyond FOTFA’s control. All users are expected to have their own backup of all of their information.
To the fullest extent permissible under applicable law, user understands and agrees that neither FOTFA nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the services or from any actions FOTFA takes or fails to take. These include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorised access to and alteration of transmissions and data, bodily injury, emotional distress and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages FOTFA’s maximum liability arising out of or in connection with this services or use of the services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, paid for the services.
FOTFA is not responsible for deletion or loss of files or information uploaded to the services.
15. Limitation of Liabilities
In addition to any limitation of liability set forth herein, to the fullest extent permissible under applicable law, user understands and agrees that neither FOTFA nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the services or from any actions FOTFA takes or fails to take. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorised access to and alteration of transmissions and data, emotional distress and other tangible and intangible losses.
This limitation applies regardless of whether the damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if FOTFA, FamilyCast or its representatives have been advised of the possibility of such damages. FOTFA’s maximum liability arising out of or in connection with your use of the services, regardless of the cause of action, will not exceed the amount, if any, paid for the services.
Users agree to defend, indemnify, and hold harmless FOTFA and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the services; (ii) any user generated content or communications, or (iii) your breach of the terms of this agreement. FOTFA shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. FOTFA reserves the right to assume the exclusive defence and control of any matter subject to immediate indemnification.
By using the Services you consent to receive electronic communications from FOTFA. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
18. Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and FOTFA.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of Victoria, Australia in connection with any action arising out of or related to these Terms of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-conveniens in any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative.
You may not assign these Terms of Service or any of your rights or obligations hereunder.
Except as expressly specified herein, this Agreement shall create rights and obligations only between FOTFA and each individual user and it does not create any rights for any other parties.