The following Conditions of Use apply for the customer’s usage of the RecallTV Service (hereinafter referred to as “RecallTV”).
IF YOU DO NOT AGREE WITH THESE CONDITIONS OF USE YOU CANNOT USE RECALLTV.
1 Operator of RecallTV
RecallTV is owned and operated provided by Flashback Holdings Pty Limited of Suite 6, 10 Yalgar Road, Kirrawee NSW 2232 Australia (hereinafter referred to as (the ‘Flashback’).
2 Description of service
2.1 These Conditions of Use regulate the usage of RecallTV and the films, television series and other programs or content provided on the RecallTV platform (the ‘Content’).
2.2 RecallTV is a video streaming service for the Content accessible via the Internet using any Internet enabled device. Customers cannot download Content to their device and must be connected to the Internet for the entire duration of the program in order to watch that program in full.
2.3 Customers can stream and view Content for free if advertising supported or for a regular subscription fee, at the election of the customer.
3.1 Customers may elect to (but are not required) to register to use the RecallTV service as a member, to receive the extra benefits this may provide. Including but not limited to (competitions, extra content, extra website features) registering will involve providing the personal information that may be required on the RecallTV website (‘Website’) from time to time.
3.3 If the Customer applies for a Subscription Service, their registration is subject to satisfying any and all requirements that may be imposed by the Flashback payment processing provider (‘Payment Partner’).
3.4 Every registered customer receives his own RecallTV account in order to access historical usage, payment and other data.
3.5 The customer may terminate his RecallTV account at any time via the ‘Unsubscribe’ function on the RecallTV website. If the Customer is a subscription customer they must comply with the terms of Section 4.2.3 if terminating a Subscription Service.
4 Usage of content
4.1 Free Content
4.1.1 Customers are able to stream content for free by watching advertisements.
4.2 Subscription service
4.2.1 RecallTV offers customers a subscription service enabling the customer to view Content without first watching an advertisement.
4.2.1 The price, payment and other terms of the subscription service will be displayed on the Website (‘Subscription Offer’). By clicking ‘Accept’ on the subscription section of the Website the customer confirms acceptance of the Subscription Offer.
4.2.3 The minimum contractual period of the subscription is one month. The term is subsequently extended by respectively one further month if the customer does not terminate the subscription. The termination is possible at any time in the RecallTV account of the customer at the end of the current month.
5 Usage rights
5.1 The customer is granted the right to view Content being streamed to any device they log in on.
5.2 The customer is not granted further usage rights. The customer is particularly not entitled to:
5.2.1 completely or partially permanently store, copy, burn or otherwise duplicate the Content provided to him or her,
5.2.2 to use the Content commercially in any manner whatsoever, including without limitation screenings and presentations to the public or a business enterprise.
5.3 The customer acknowledges that the intellection property and all other rights in and to the RecallTV platform and the Website vests in Flashback. The customer agrees they will not take any steps directly or indirectly that infringes the intellectual property and other rights of Flashback.
5.4 The customer is advised that violation of the conditions set out in this Section 5 may result in legal proceedings against the customer.
6 Customer obligations
6.1 The customer shall ensure that usage of RecallTV by people under the age of 18 occurs only with the customer’s explicit permission. Item 10 applies for the legal protection of children regarding the Content.
6.2 The customer is obliged to provide the (personal) data necessary for the registration and to ensure that all provided (personal) data is correct. Personal access data (such as key word/password) may not be passed on to third parties and have to be stored in a manner preventing access by third parties. For security reasons the password should be changed at regular intervals. If there is reason to suspect that an unauthorised person has gained knowledge of the access data, the customer has to inform RecallTV of this immediately via email and change his access credentials immediately.
6.3 The customer shall not attempt to circumvent the RecallTV platform or execute an electronic attack of any kind on the RecallTV platform or any of its applications. Electronic attacks are in particular attempts to overcome, circumnavigate or render powerless in any other way the security mechanism of RecallTV, the deployment of computer programs for the automatic reading of data, the usage and / or spreading of viruses, worms, Trojans, brute force attacks, spam or the usage of other links, programs or procedures, which could damage the RecallTV applications.
6.4 In the event of significant violations against the obligations owed by the customer as well as in case of justified suspicions for a significant violation of obligations, RecallTV is entitled to block the customer. RecallTV will inform the customer of any blocking and the reasons for that by email. The blockage will continue until the applicable violation is remedied and/or the customer demonstrates to RecallTV’s satisfaction that future violations will not occur.
6.5 The customer shall not attempt to copy or otherwise pirate any of the Content. The customer shall be liable to both Flashback and all third parties for any breach of intellectual property subsisting in the Content or the RecallTV platform.
7 Limitation of Liability
7.1 The liability of Flashback, regardless of the legal reason, including default and illegal acts is limited or excluded as follows:
7.1.1 Flashback is liable for any damages only if
(a) Flashback has violated an essential contractual obligation that has not been rectified by Flashback within a reasonable period of time (“Breach”),
(b) The Breach occurred through the gross negligence or intent by Flashback.
7.2 The liability of Flashback is limited to $100.
8.1 The customer is liable to pay RecallTV the subscription of and other fees displayed on the RecallTV site from time to time, in the manner and at the times specified on the site from time to time.
8.2 Payments are made through the Payment Partner, according to terms and conditions imposed by the Payment Partner and that are disclosed on the RecallTV site.
9 Data protection
10.1 The customer shall not allow persons under the age of 18 years (‘Minors’) access to adult content. The customer shall ensure that Minors will not gain access to the personal access data of the customer. If there is cause to suspect that Minors have gained access to the personal access data of the customer, the customer is obliged to immediately change these access details in his RecallTV account.
10.2 RecallTV reserves the right to limit their access the RecallTV through technical or other means.
11 Amendment of these Conditions of Use
11.1 Flashback is entitled to amend these Conditions of Use at any time without nominating reasons.
12 Final conditions
12.1 The laws of the New South Wales, Australia applies to these Conditions of Use and the use of RecallTV by customer.
12.4 Amendments and supplementations of these Conditions of Use shall be updated on the RecallTV site.