Member Terms | Primal Video

When you read words that refer to the names of our website, “us”, “our” or “we”, it means Launchfire Group (Australia) Pty Ltd ABN 16 606 932 049.

When you read the words “you”, “user” or “your” it means you, a potential or subscribed member or customer of ours who has been granted access to our members (paid) area on our website.

Our website means PrimalVideo.com and includes any sub-domains, blogs, social media platforms or forums controlled by us.

Where it is used in these terms and conditions, the term ‘membership services’ means programs or subscription style offerings we offer for sale on our website or we offer for sale elsewhere however provide access via our website. This might include for example, subscription access to Primal Video Accelerator, or Primal Video PLUS.

When you use our membership services, you are agreeing to be automatically bound by these membership terms and conditions as well as our terms of use, privacy policy, cookie policy, earnings disclaimer and affiliate policy.

We encourage you to carefully read and understand these terms and conditions before subscribing or using any of our services. If you don’t agree, your remedy is to not subscribe to or stop using our membership services.

Updates

We may update these terms from time to time and the new provisions will apply from the date they are updated by notice on our website within the members area. We have included a last updated date at the top of these terms to help you keep track of when changes are made, and we recommend you check back for updates regularly.

Feedback, comments or complaints

If you have any questions, please contact us via info @ primalvideo.com and we will usually respond to all enquiries within five business days. We welcome the opportunity to talk with you and address any concerns.

No unlawful or prohibited use

As a condition of your use of our membership services, you warrant that you will not use our membership services:

for any purpose that is unlawful or prohibited by these terms and conditions;
in a manner that could damage, disable, overburden, or impair our membership services or cause harm to our business; or
in a manner that could interfere with any other party’s use and enjoyment of our membership services or in a manner that is disrespectful to others.

You expressly agree not to:

hack into areas of our membership services that are not intentionally made available to you;
add malicious code to our membership services which may affect us or visitors to our membership services;
use the website or membership services area as a lead generation tool for the benefit of your own business, or to manufacture lists or contacts in order to help your own business;
engage in any internal or external spamming, or other similar actions;
engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions;
decompile, reverse engineer, or try to copy or imitate our membership services or underlying content.

Creating your account

You must create an account to purchase a product or become a subscriber to our membership programs. You must be over 18 years old to create an account and use our services. If you are the parent or guardian of a minor who wishes to access our services, you must set up the account on their behalf, supervise all use they make of our services and supervise any access they make of our social media, forums or other platforms.

When creating an account, you agree:

to abide by our Membership Forum and Social Media Rules of Engagement (these can be found at the end of these terms);
to provide true and correct details when you set up your account;
to keep your username and password secure and confidential and not to share your access with anyone else;
to accept electronic communications from us (you may unsubscribe from these at any time);
to keep your contact details up to date;
not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including other members and our staff;
to make any payments due associated with your account when they are due; and
to contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach.

We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of membership payments, and prohibit you from opening a new account.

Purchasing Products or Subscribing as a member

We use secure third party checkouts and processors to manage our online payments and do not directly receive or store your credit card or other financial information. Unless otherwise stated, amounts shown on our website are in USD.

You can also purchase membership access to our subscription memberships programs via the website. Subscribing as a member to a program gives you access to the program content and benefits only while you maintain an active, paid subscription and your account remains in good standing. Once your subscription ends (see the termination section below), you will no longer have access to the content or benefits.

Payments and refunds for membership subscriptions

When you subscribe to a subscription you will pay for the first period (monthly or annually) up front and will authorise automatic, recurring, periodic payments (monthly or annually) that will continue until you cancel your subscription.

You agree to pay any applicable surcharges we incur based on your method of payment, including dishonour fees if applicable (for example if you subscribe to a service with a monthly fee and a dishonour fee is charged to us for an attempted payment).

Due to the digital nature, on-demand and immediate (after issue of your log-in information) access to our products, we do not offer refunds for membership subscriptions or online programs whether you have chosen to use the services provided or not. Instead, we provide a flexible cancellation policy you can enact at any before a renewal is processed by cancelling your subscription inside the Billing area of your account login (see the termination section immediately below).

Termination of membership subscription

Your subscription provides access to membership benefits only for the duration of the paid period and will automatically renew at the end of each monthly or annual term. You may cancel your subscription at any time via the 'Billing' area inside your member account. For step-by-step instructions, please refer to the FAQ inside your member portal. To prevent being charged for the next subscription period, you must cancel before your renewal date. Upon cancellation, your access will continue until the end of your current paid period.

We may end your subscription for any reason without refund by giving you at least 2 weeks’ notice prior to the end of your current subscription that we intend to end your subscription. You will continue to have access to our services until the end of your current, paid subscription period.

If we are ending your subscription because you have breached these terms and conditions, we may end your subscription immediately without refund. This would include, for example, where you are behind in your subscription payments.

Where access to a product has been granted on a 'lifetime' basis, this refers to the lifetime of the product as determined by us. We reserve the right to retire products at any time. If we retire a product sold with lifetime access, our obligation to you will be fulfilled by providing a minimum of 60 days' notice and making the core training materials available for you to download. The provision of such downloadable materials permanently fulfills all obligations related to any 'lifetime access' purchase.

Disclaimer and limitation of liability

We make no warranties or representations about the suitability, reliability, availability, timeliness or accuracy of anything contained in our membership services or content on our website for any purpose. To the maximum extent permitted by applicable law, anything contained in our membership services or on our website is provided "as is" without warranty or condition of any kind. Your use of our website, use of our services and your application of any information we provide are completely at your own risk and we are not responsible for any direct or indirect loss, damage or issues you may suffer by using our website, services or any information contained in them or by not being able to access our website or services.

The information is not customised and is general only. You must use your own common sense and judgment when applying any information and always stay within your own risk appetite. Before relying on any information we provide, you must assess the suitability of the information for your particular circumstance and obtain appropriate professional or independent advice relevant to your circumstances.

In no circumstances will we be responsible for injury, loss or damage suffered by you or by any third party.

Where warranties are implied by law, our liability will be limited in respect of any claim to, at our option, supplying the services again, or promptly remedying the fault in the service.

You agree that our total aggregate liability for all claims relating to your use of our membership services and/or website is limited to the amount actually received by us from you in the 3 months immediately prior to the date of the claim(s), even if that amount was zero.

This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our membership services.

Forum or Social media content

Content in our forums, comment areas or other social media platforms may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly. Views and opinions of third parties are not necessarily shared by us. We may at our discretion moderate our forums or social media platforms, however we are not obliged to do so.

Intellectual property

We own, or have permission to use, the intellectual property rights in the content of the website and our services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website, program or services content in whole or in part except as expressly authorised by us. You may not use our logos or trademarks without permission. Please contact us if you require permission to reproduce any of the contents of our website or other materials.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our website or elsewhere are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission: If we expressly make content available for download, you may access that content only for your personal use. For all of our content, sharing or downloading without prior permission is expressly prohibited. You are not permitted to use any of our copyright material for commercial profit of any sort. This means you cannot resell, package or otherwise share our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from any of our materials or content.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our website, program or services content or our intellectual property.

Your Content

As a condition of use of our website and any social, public or member forum areas managed or controlled by us, you warrant:

you own (or have the provable right to use) all content or material you post for the purpose you are posting it for, including video, images and text (called ‘your content’); and
posting your content will not infringe on the intellectual property rights, including copyright, of any third party.

This is an important clause to protect us from copyright infringement claims and you acknowledge we are relying on your warranty.

You agree we own from creation all discussion boards or similar forums and have the right to sell these assets which may include discussions or contributions by you and other participants.

By submitting your content, you irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose it is provided and to display and use your content for our business purposes, including for our commercial benefit, as we see fit. You warrant you have the right to grant this licence and consent to our assignment of this license without notice to you. You agree you are not entitled to remuneration of any kind for the grant of this license and/or the subsequent assignment (if any). You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

your unauthorised use of our membership services, or products or services included or advertised on our membership services; or
your breach of your warranties about your content; or
your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of Queensland, Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between us without reference to conflict of laws provisions.

You may provide notice to us by email at info@primalvideo.com. We may provide notice to you via email or other electronic means.

Use of our membership services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our membership services is unauthorized, it is your responsibility to stop using our membership services.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement or use of our membership services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our membership services, or with regard to information provided to us, or gathered by us, about your use of our membership services.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

Membership Forum and Social Media Rules of Engagement:

Our goal is for people to feel valued and safe when using our social media platforms, comments areas or discussion forums. We have a varied membership base and you may not always agree with views of others however we believe that diversity encourages growth and conversation so please be tolerant.

If you use any of our social media platforms, comments areas or discussion forums, you agree, as a condition of use, to:

Not to post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, whether included in your username or in any material or information.
Not to post inappropriately negative, rude or attacking comments.
Keep your posts on topic.
Respect the privacy of others. Please do not collect personal information about users or our staff or members.
Not to spruik your own products, share products containing your affiliate link or use the platform or forum for your own commercial purpose or benefit.
Not to use the members or public areas for lead generation or similar purposes.

We may at our discretion moderate our social media platforms, however we are not obliged to do so.

If we find users breaking our rules and we consider the offence to be serious, we reserve the right to permanently exclude them from our community, including immediately terminating any paid membership they hold. We may also contact the authorities and share the posted content and corresponding user personal information with the authorities if we are concerned about the safety of any person or threat to our business.

If we consider the rule breaches to be less serious, we may suspend or terminate your access.

While me may enforce this policy against a user, we are not obliged to do so.