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TERMS AND CONDITIONS

1. Introduction

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms and Conditions”), which together with our privacy policy, govern Beamafilm relationship with you in relation to this website.

Our website refers to the website located at www.beamafilm.com (the “Website”). The term Beamafilm or “us” or “we” refers to the owner of this Website, Beamafilm Pty Ltd (ABN 57 149 277 805), whose registered office is located at c/- ZM Partners, Suite 10, 123 Clarence St, Sydney NSW 2000. The term « you » refers to the user or viewer of the Website.

Beamafilm reserves the right to modify these Terms and Conditions and the content and services contained in the Website at any time and without liability. By using the Website, you agree that the then current version of these Terms and Conditions applies to your use of the Website.

2. Service

2.1 Service definition

Beamafilm provides a video on demand service accessible via the Website, where audiovisual content (the “Video(s)”) is made available to you on a rental basis by way of streaming, for a per-title fee (the “Service”). After payment of the relevant fee, the Video is available for a viewing period of 48 consecutive hours (unless otherwise stated within specific terms of use attached to a Video).

The Service can be accessed on internet protocol enabled devices which allow access to the Website, typically laptop and desktop computers, but also, from time to time, devices such as televisions, game consoles, tablet computers or Blu-ray devices. You acknowledge that the Service may not work on all devices that fall within the list of device types set out above. You are responsible for ensuring that you are able to access the Service through your individual devices.

The device through which you are viewing the Videos must meet the minimum requirements:

     Internet Explorer 8 and above
     Firefox 3
     Google Chrome
     Safari
     Opera

2.2 Territory

The Service is accessible to users located in Australia and New Zealand (the Territory) [providing that, from time to time, selected Videos may be accessible outside the Territory. Please refer to specific terms of use attached to each Video.]

Beamafilm employs geo-filtering technology and therefore if you are located outside of the Territory, you will not be able to access the Videos via the Service even if you subscribed to the Service within the Territory.

2.3 Payment

Charges are shown before you choose to rent a Video. All charges are GST inclusive unless otherwise stated. Charges will be either:

     billed to your nominated credit card (we accept Mastercard, Visa and Diners Club only); or
     charged to your PayPal account; or
     debited from a prepaid card or voucher issued by us and redeemed by you (according to the terms of use attached to the said prepaid card or voucher).

Payment currency is Australian Dollars.

2.4 Registration

To be able to use the Service, you need to register on the Website. To be eligible, you must be at least 18 years of age, have a valid credit/debit card or Pay Pal account with an Australian or New Zealand residential billing address and a valid email address that you provide to us and keep current. You must ensure your username and password are kept secure and secret.

3. Intellectual Property Rights

3.1 Copyright and trademarks

All content on or available through the Website (and all intellectual property rights that subsist in this content, including copyright, trademarks, patents, design and graphics rights and all other form of intellectual property rights) are owned by Beamafilm or its licensors and suppliers.

You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works or exploit the content of the Website in any way.

Unless otherwise specified, the Videos accessed through the Website are provided for your personal and non-commercial use. Beamafilm grants you a limited licence to access the Videos for that purpose and may terminate this licence upon breach by you of these Terms and Conditions.

Except for rights expressly granted to you, all rights in the Videos are reserved by us or our licensors.

3.2 User generated content and third party links

We offer you the possibility to post content or information on the Website, provided that such content or information is not illegal, obscene, threatening, defamatory or infringes any person’s rights. We reserve the right to remove or edit such content or information at any time without notice.

By posting any content or information on the Website, you grant us a nonexclusive, perpetual, irrevocable, royalty-free licence to display, use, reproduce, sub-licence or modify, adapt and communicate to the public that information.

Any information expressed or made available by third parties on the Website are those of the respective authors or producers and not of Beamafilm or its shareholders, directors, officers or employees, who shall not be held liable for any loss or damage caused by your reliance on such information.

From time to time, this website may also include links to other websites. These links are provided for your convenience and to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

4. Liability

To the full extent permitted by law, neither we or any third parties provide any warranty or guaranty to you, including in relation to Beamafilm provision of the Service, the performance, accuracy, completeness or timeliness of the information and materials found or offered on this Website, or that these information and materials will be free of error or omission.

To the full extent permitted by law, Beamafilm excludes liability for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Service or the Website.

You acknowledge that your ability to stream Videos and the quality of the streaming is affected by many factors including the specifications of the device through which you are viewing the Videos, the internet connection (including the speed of data uploading and downloading) through which the Videos are streamed, other tasks that your device is performing whilst the Videos are streamed as well as the amount of other traffic on the network at the time you are streaming the Videos.

You agree to indemnify and hold harmless Beamafilm and its subsidiaries, shareholders, directors, officers or employees from and against any loss, damage, liability, costs and/or expenses incurred or suffered by any of them arising out of your breach of these Terms and Conditions.

If you breach these Terms and Conditions, Beamafilm may (at its option, and without limiting the remedies available to Beamafilm in any way) terminate or restrict your use of the Service or bar you from accessing the Website on a temporary or permanent basis.

5. General terms

We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent. Your use of the Service and the Website and any dispute arising out of such use of the Service and the Website is subject to the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

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