Terms of Use

Last updated: June 2020

By using this website you are agreeing to be automatically bound by these terms and conditions, including our privacy policy, earnings disclaimer, affiliate policy and members terms (if you have subscribed as a user of our services). We encourage you to carefully read and understand these terms before using the website or any of our services.  If you don’t agree, your remedy is to stop using our website. 

We may update our terms from time to time and the new provisions will apply from the date they are updated. We have included a ‘last updated’ date at the top of these terms to help you keep track of any updates and we recommend you drop by and check for changes regularly.

When you read the words “us”, “our” or “we”, it means Launchfire Group (Australia) Pty Ltd ABN 16 606 932 049 and/or Launchfire Pte Ltd (Singapore).

When you read the words “you”, “user” or “your” it means you, a user of our website. 

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

Feedback, comments or complaints

If you have any questions, please contact info @ primalvideo.com and we will usually respond to all enquiries within five business days.

No unlawful or prohibited use 

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
  • 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 this website or the underlying content

Social media platforms

If you comment on or use our social media platforms, discussion forums or other areas where members of the public or our community can post information or comments, you agree to be bound by our Social Media Rules of Engagement. You can find a copy of these rules at the end of these terms. 

Links disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Promoted Services – disclaimer

We often promote products and receive no financial incentive for the promotion. We do this because we have tried or tested the product and we think it is worthwhile and want to share it with you. Sometimes, products that we promote run affiliate programs. If they do, we subscribe to their program, use the affiliate links they provide and earn an affiliate commission (this makes good business sense).  Just because we receive a commission though, doesn’t change the reason we are promoting the product. We only promote products we think are worthwhile. You can read our full affiliate policy here.

It is always possible that an opportunity to accept a paid sponsorship (or other incentive) to promote a product or service may come up. If this happens, and we have tried and tested the product or service and think it has worth, we may accept the opportunity (again, this makes good business sense for us and lets us share more awesome things with you). If this does happen, we will clearly state this when we share the product or service with you. 

Importantly, we are not responsible for your use of products we promote. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services. 

Copyright, Trademarks and other Intellectual Property 

We own the intellectual property rights in the contents of this website (or have permission to use or display the material on this website). 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 content in whole or in part except as expressly authorised by us. Please contact us if you require permission to reproduce any of the contents of this website. 

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

Permission: You may access publicly available (not paid for) material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission.  You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website. 

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

Your content

As a condition of use of our website and any social, public, course 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.

Copyright infringement

If you believe there is material on our website that infringes third party intellectual property rights, please contact us at info @ primalvideo.com with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website. 

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time. 

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law. 

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action for the 3 month period prior to the cause of action, even if those services were provided to you without cost.

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 limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

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:

  • any content you post via this website
  • your unauthorised use of this website, or products or services included or advertised on this website
  • your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website. 

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to info @ primalvideo.com. We may provide notice to you via email or other electronic means. 

Use of this website is unauthorized 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 this website is unauthorized, it is your responsibility to stop using this website.  

Relationship 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website. 

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

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 superseded 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.

These terms together with our privacy policy, earnings disclaimer, affiliate policy and members terms (if you have subscribed as a user of our services) form the entire agreement between you and us in respect of your use of this website.

 

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