4. The information appearing in this site, save for when it is described as an agreement or contract, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract.
5. We make no representation that products and services described on this website are appropriate or available for use in locations outside of Australia. Those who choose to access our website from other locations are responsible for compliance with local laws. Overseas residents may contact Nerdi for further assistance regarding the availability of the products and services described on this website.
Withdrawal of products and services
7. The products and services described in this site can be withdrawn or varied at any time without notice. All information regarding the products and services described in this site can be withdrawn or varied without notice. While every care has been taken in producing the information on this site, we do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.
Terms and conditions and fees and charges
8. Terms and conditions apply to all products and services described in this site and may be varied at any time without notice. Fees and charges also apply to all products and services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from Nerdi.
9. All applications for any products or services described on this site may be subject to an approval process.
10. Except for conditions implied by law which cannot be excluded, Nerdi is not responsible for any loss, damage, cost or expense incurred by you as a result of any error, omission or misrepresentation in relation to this site.
11. Nerdi is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
Third party sites
12. Our website may link you to other sites on the Internet. These other sites are not under our control of, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the website by us or any association with its operators.
13. Accessing those sites is your decision and to the fullest extent permitted in law we are not responsible or liable in any way for:
(a) your use of those linked sites or any loss or damage incurred arising out of or in connection with your use of them; and
(b) the content or practices of those websites operated by third parties that are linked to our website.
15. Except where otherwise stated, we own or have licence rights in all intellectual property rights in the content contained on this website, both in Australia and internationally. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of this site may otherwise be copied, reproduced, adapted or transmitted in any form by any process without our written consent or subject to your paying the requisite fee which entitles you to access certain content located on this website. Furthermore, the entire content of this site is protected by both Australian and international copyright law, trademark law and all laws related to the ownership of intellectual property.
Commercial use of site information
16. The information and material in this site is provided solely for bona fide personal or commercial customers only.
17. You agree that you will not (either yourself or through any third party):
(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on this site, or any of the information, content or data contained within or accessible through this site, without the prior written permission of Nerdi;
(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through this site with information, content or data accessible via or sourced from any third party;
(c) use any information on or accessed through this site for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;
(d) use any device, software, process or routine to interfere or attempt to interfere with the proper working of this site or any transaction or process being conducted on or through it;
(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this site;
(f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with this site; or
(g) copy, reproduce, alter, modify, create derivative works, or publicly display any part of any content from this site without the prior written permission of Nerdi.
No use of site for unauthorised purposes
18. You must only use this website to:
(a) Access and stream visual media, films or video upon payment of the relevant fee;
(b) all other uses identified or required by Nerdi to operate this website and/or its business.
19. You agree that any use of this website, except for the purposes described in paragraph 18, is prohibited.
20. You also agree to indemnify Nerdi in respect of any liability incurred by Nerdi for any loss, cost damage or expense, howsoever caused, suffered by Nerdi or its related bodies corporate as a result of your breach of this clause.
Linking to this website
21. Linking to this site is only permitted when authorised in writing by Nerdi. Please contact us if you would like to link to any part of this site.
23. No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
24. We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our website.
You represent and warrant that:
(a) all of the information provided by you to Nerdi in order to use the Services is correct and current; and
Use of the Website
You agree to use the Website solely for the purpose of uploading visual media content and films.
You agree that you will not (either yourself or through any third party):
(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without the prior written permission of Nerdi;
(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
(c) except for any materials uploaded by you, use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
(d) use any device, software (including but not limited to introducing a virus, a worm or other malicious code), process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;
(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
(f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website;
(g) copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of any content from the Website without the prior written permission of Nerdi and/or the legal owner of any content uploaded to the Website;
(h) post or otherwise distribute information that would be in breach of another person’s intellectual property rights;
(i) post or otherwise distribute any:
(i) defamatory, obscene, harassing, threatening or other unlawful material or information; or
(ii) any photographs, films or visual media containing obscene or inappropriate images (which may be removed by Nerdi in its sole discretion and without consultation);
(j) post or otherwise distribute any information that is confidential to yourself or a third party; or
(k) use the Website for any other unlawful purpose or activity.
You acknowledge that you are solely responsible for all results of your actions from your use of the Website (including but not limited to maintaining the confidentiality of your password and any other information). You will immediately notify Nerdi of any unauthorised use of your account or any other breach of security that you become aware of.
You and Nerdi agree that prior to any third party accessing any content uploaded by you that the third party may be required to pay a fee to Nerdi. You acknowledge that the amount of the Fee is to be paid is determined by you, but if a fee is to be charged the fee may be no less than $1 (Fee). Unless otherwise stated, all fees are quoted in U.S. Dollars.
You acknowledge and agree that any income earned by Nerdi as a result of third parties accessing and paying for the right to download content from the Website which has been uploaded by you will entitle you to payment from Nerdi of no more than seventy (70%) percent of the income actually received by Nerdi with respect to access or streaming of your content, which amount may be less than seventy (70%) of the Fee paid by the third party that downloaded your content.
You are responsible for the payment of all third party fees and taxes associated with your Content or the Fees.
Nerdi is not obliged to remit any amounts owing to you as a result of downloads until 60 days after the material has been accessed or streamed from the Website.
The trade marks, service marks and logos (Trade Marks) used in this Website are registered or unregistered Trade Marks of Nerdi or its licensors. You may not copy, reproduce, adapt or transmit any Trade Mark in any form without Nerdi’s prior written consent.
You agree that the Website and its associated layout and design are the property of Nerdi. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of the Website may be copied, reproduced, adapted or transmitted in any form by any process without Nerdi’s prior written consent.
Your Intellectual Property
Any intellectual property rights in any data, information or content (Content) you submit, display, post or upload to the Website through using the Services shall be owned by you or the relevant third party licensor. By submitting, displaying, posting or uploading such Content, you grant to Nerdi a royalty-free, worldwide, perpetual, non-exclusive, transferrable licence to use the Content for the purpose of displaying or distributing the Services through the Website and for Nerdi’s promotional purposes. You acknowledge that Nerdi reserves the right to refuse the submission, display, post or upload of any Content in its sole discretion.
Nerdi has the right to grant sublicenses through multiple tiers of sublicenses to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Content (or any portion or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to modify or deliver the Services. This license enables us to provide the Services and provide access to the Content and is not intended to otherwise limit your rights to the Content.
You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of the Content, or any portion thereof, or of your name, personality, likeness, image or voice in connection with the Content, or any advertising or publicity relating thereto.
In addition, you acknowledge that the payment of a third party of a Fee for access to your content grants that third party a worldwide, perpetual, non-exclusive, licence to use the Content for the purpose of display and streaming of that Content.
You acknowledge that your IP address will be recorded upon the creation of a Website account (Account) with Nerdi. If a visitor to your Account pays the Fee and accesses or streams the Content, the visitor’s IP address will be recorded with the entry submitted by that visitor. Upon deletion of that visitor’s entry on your Account, the IP address information associated with that entry will also be deleted and will not be recoverable.
Links to Third Party Websites
The Website may provide links to access to various other websites on the Internet (Third Party Websites). You acknowledge that Nerdi is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Websites. The inclusion of Third Party Websites does not imply Nerdi’s endorsement of the Third Party Website or any association with the Third Party Websites’ operators.
You agree that Nerdi may from time to time email you in relation to vendors who may be interested in offering certain products to you in relation to your film. You acknowledge that you are solely responsible for contacting and negotiating with such vendors through the Website in relation to the products and services they may offer and you hereby release Nerdi from any claims or liability that may arise from your communication with the vendors.
You may terminate your account with Nerdi by notifying Nerdi at any time in writing, but you acknowledge that any Content that has been accessed or for which a Third Party has paid a Fee will remain available for access by that Third Party in perpetuity.
Liabilities, Indemnities and No Warranties
Nerdi does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Services, the Website or Third Party Website, nor does Nerdi accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
Nerdi is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Services or the Website. You must take your own precautions to ensure that whatever you select for your use from the Services or this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
You agree to hold harmless and indemnify Nerdi and its affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Service or the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees.
(a) if the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or
(iv) the payment of the cost of having the goods repaired; and
(a) if the breach relates to services,
(b) the supplying of the services again or
(c) the payment of the cost of having the services supplied again.