Streamfolio - Terms

Terms of Service

1.0 General Information

"Streamfolio" - an application developed solely by Streamfolio Pty. Ltd. described as a video portfolio plugin or “add-on service” providing independent or integrated broadcast, save, share, download and upload of rich media data capability to a range of learning management system, content management system or stand alone websites.
Advertisement Free - This is a proximal or other adware FREE environment meaning that we service our Clients using their membership or License fees and respect the rights of those Streamfolio Users to have an ad-free environment to work and share within.
Ownership - Streamfolio Pty. Ltd. does NOT claim, exercise, pursue nor understand as soliciting ownership of User submissions in any form, function or User related activity; NOR does Streamfolio Pty. Ltd. access User content for any purpose other than to serve the User; NOR prepare derivative works or otherwise exploit User submissions; NOR claim intellectual property rights; NOR benefit in any way from User generated content uploaded, broadcast, submitted, converted, saved, deleted or created in any digital context or otherwise - in simple terms; you own everything you create and are free to delete, download or use your creations in any way you wish that meets our Terms of Service
Privacy - We respect the rights of our Users and provide a comprehensive assay of our provision of service in our Terms of Service
Security - Your data uploads, recordings, broadcasts and any other material generated as a result of your access to our service as a User is securely protected with access details only supplied to the active, valid and paid User account
Data Retention - Streamfolio agrees to retain all user submissions for Seven (7) years from account creation date not already deleted, however, re-instigation of Account will only be accessible by applying for and paying in advance an “Account Retrieval Fee” or yearly membership fee whichever is deemed the cheaper. Users or organisation must otherwise organise and action backup of all account generated data for transfer prior to the date of the cessation of the account
Support - we have an Online Community website that provides any Streamfolio user with access to support material, interaction and assistance upon login

2.0 Modification - Terms of Services

This document is subject to review and change with notice. Notification of changes will only provided to "Users" or the "User" of this service through our online Community website, by Subscriber status and made Public at the discretion of Streamfolio Pty. Ltd. Directors.

In summary, Streamfolio Pty. Ltd. reserves the right, in its sole discretion, to modify, discontinue or terminate certain features, descriptions or to modify electronic versions of the Terms of Service without advance notice to Users or an enterprise and it’s Users using Streamfolio video portfolio services. All modified terms of service will be effective after they are posted on the Streamfolio Community website (unless a longer notice period is required by applicable law or contractual condition).

If any modified terms and conditions are not acceptable to you, your sole remedy is to contact us requesting your account to be suspended, or permanently removed. By continuing to access or use the Site and Services in the interim of Streamfolio making any such revision, you agree to be bound by the revised Terms of Service.

3.0 Licensing and Support

"Streamfolio", the application, is an annual membership or licensed product offered in three tiers:

an annual membership for individuals - login
an annual licensed software application with maximum 1000 users - plugin / API supplied
an annual licensed software application with unlimited users - plugin / API supplied

All Users of the Streamfolio application are bound by these Terms of Service irrespective of geographic location or licensed and authorised installation.

4.0 Ownership Of User Generated Data

Streamfolio Pty. Ltd. does NOT claim ownership of Streamfolio user submissions in any form, function or user related activity; nor does Streamfolio Pty. Ltd. access user accounts; nor prepare derivative works or otherwise exploit user content; nor claim intellectual property rights; nor benefit in any way from user generated content uploaded, streamed, submitted, converted, saved, deleted, broadcast or created in any digital context or otherwise.

5.0 User Submissions

The User of Streamfolio Pty. Ltd. services is bound to observe and understand the following:

Ownership ( “Licence”) - Streamfolio Pty. Ltd. does NOT claim, exercise, pursue nor understand as soliciting ownership of User submissions in any form, function or User related activity; NOR does Streamfolio Pty. Ltd. access User content for any purpose other than to serve the User; NOR prepare derivative works or otherwise exploit User submissions; NOR claim intellectual property rights; NOR benefit in any way from User generated content uploaded, broadcast, submitted, converted, saved, deleted or created in any digital context or otherwise
Limitations – You acknowledge and agree that Streamfolio Pty. Ltd. may of it's own volition, exercise all plan allocated limits concerning User Submissions, including without limitation the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on Streamfolio Pty. Ltd. servers either as an Individual or as an enterprise and it’s Users using Streamfolio.com video portfolio services
Data Retention and User Submissions – It is the sole responsibility of the User to ensure full backup of files to be removed from Streamfolio product access. Streamfolio agrees to retain all user submissions for Seven (7) years from account creation date not already deleted, however, re-instigation of Account will only be accessible by applying for and paying in advance an “Account Retrieval Fee”

6.0 Disclaimers

These Disclaimers provide Streamfolio Users with an understanding of the obligations they are subject to as a single User or as a User accessing Streamfolio via an enterprise connection:

Disclaimer : Deletion – Streamfolio Pty. Ltd. has no ability to control the User Submissions that are deleted using the Site or Services Streamfolio features. Streamfolio Pty. Ltd. does not have any obligation to monitor such User actions and does not retain further records nor store any files scheduled for, in action of otherwise removed by the Streamfolio User.
Disclaimer : Submissions - Streamfolio Pty. Ltd. is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Site nor any enterprise and it’s Users using Streamfolio video portfolio services
Disclaimer : Endorsements - Streamfolio Pty. Ltd. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Streamfolio Pty. Ltd. with respect thereto. Streamfolio Pty. Ltd. will have no responsibility or liability to you or any third party as a result of your broadcast activities and you are solely responsible for any broadcasting you do in connection with or via the Site or Services

7.0 Core Operational Service

As a Streamfolio User you will understand and/or abide by the following:

Identity Management- under NO circumstance are you, the User to divulge, provide or encourage access to your own Streamfolio account to others in any context, for any purpose nor for any period in any form; nor are you to provide others with custodian of your access details; nor retain on any public file or jointly accessible documentation your access details for your account for any reason
User Submissions - Streamfolio Pty. Ltd. does NOT claim, exercise, pursue nor understand as soliciting ownership of User submissions in any form, function or User related activity; NOR does Streamfolio Pty. Ltd. access User content for any purpose other than to serve the User; NOR prepare derivative works or otherwise exploit User submissions; NOR claim intellectual property rights; NOR benefit in any way from User generated content uploaded, broadcast, submitted, converted, saved, deleted or created in any digital context or otherwise.
Ownership - Streamfolio is a product solely owned and operated by Streamfolio Pty. Ltd. and you, the User are obliged to honour the Terms of Service and that such an agreement binds your service provision
Correspondence - All correspondence regarding this online video portfolio service can be directed to Streamfolio Pty. Ltd. using the Contact details at http://www.streamfolio.com/contact
Support - All Users and organisation account holders of the Streamfolio service are encouraged to access and use the Support Forum located at http://www.streamfolio.net.
Service - Streamfolio Pty. Ltd. (“Streamfolio” “we” or “us”) provides broadcast, streaming, conversion and video portfolio storage services for the sharing of synchronous ( “live”) content and asynchronous ( “not-live” ) content on the Internet and via mobile devices (the “Services”) by our users, through websites accessible as licensed to operate as an adjunct of video portfolio services through Streamfolio (the “Site”)
Terms of Service - It is important as a user of Streamfolio to read and understand all of the terms of service (“Terms of Service”) carefully. These Terms of Service govern your use of the Site and Services, including any content, information, products or services therein.
Agreement - These Terms of Service are a Contractual Agreement between you and Streamfolio Pty. Ltd. and apply to you as a user (“User”) (defined below) or a visitor just browsing the Site (collectively, “Streamfolio Users”). Acceptable use of Streamfolio is incorporated herein by reference and to the extent that there are any conflicts the Terms of Service will govern any enterprise and it’s Users using Streamfolio video portfolio services.
Acceptable Use - You understand that by using the Site, Services ( including any content and enterprise licensing provided ) or your Streamfolio account that you are agreeing to be bound by these Terms of Service. If you do not accept these Terms of Service in their complete entirety then you may not use, access, view or refer to the Site or it’s Services.
Representation - If you agree to these Terms of Service on behalf of a business or as an employee then you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.
Fair Use – Streamfolio Pty. Ltd. provides Streamfolio services and access to such services conditional on an Affiliate organisations management of it’s Users and associated behaviours of such access and usage as it pertains to bandwidth & allocated storage. All storage and account type differentiation is determined by licence or membership type. Each License has an allocated storage allocation for online video portfolio creations by Users with limits determining the appropriate storage and bandwidth. Each license is also allocated an average bandwidth allowance per license and excessive use will be charged at the advertised rate.
Account Storage Allocation - The use of Streamfolio facilities are determined as a GB ( 1000 MB ) “block” where the average of users for that block known determined by the Total Storage Space divided by the Allocation of Users times by the bandwidth consumed per total Affiliate.
Responsibility - It is the responsibility of the License holder to monitor and restrict a Users account so as not to effect the overall storage and likely bandwidth excess.
Bandwidth - determined by License or Membership type. Average and use beyond the licence allocation will be chargeable at the advertised rate

8.0 Eligibility and Registration

To ensure security of your account and account access eligibility you must understand apply the following:

Access - In order to access certain features of the Site and Services, and to upload / download / broadcast User Submissions, you will have to enter into a Licensing Agreement as an individual representative of an Organisation or as an Organisation elect to gain access to a Streamfolio account which effectively binds you to the User agreement with Streamfolio Pty. Ltd.
Age Limit - There is no age limit for Streamfolio user accounts nor any Affiliate enterprise and it’s Users using Streamfolio video portfolio services. All Users of Streamfolio who are under the age of 18 years may require a “NOMINATED LEGAL GUARDIAN” whom in any event of Streamfolio inquiry, breach of service or for any matter pertaining to a Streamfolio account will be deemed responsible for that Streamfolio User account and corresponding pursuant action in the respective legal jurisdiction. A prospective User who has identified that they are under the age of 18 years of age will NOT be issued with a login to access Streamfolio services until a Nominated Legal Guardian is identified and registered in Streamfolio signup process.
Account Allocation - When you are allocated a User account you will be assigned a username and a password. You may change the password as many times as you wish. You may NOT however be able to change your user name.
Validity of Account - for your account to be deemed a legitimate Streamfolio account you MUST supply us with your correct first and last name as well as a VALID email address for password retrieval and account identity management purposes only - all fictitiously generated usernames or emails are subject to account cancellation, termination and removal without notification
Security- You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You may retrieve your password automatically using the corresponding website service
Responsibility - You will immediately notify Streamfolio of any unauthorized use of your password. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions.
Registration / Profile Completion - You agree that the information that you provide to via the Streamfolio video portfolio service upon registration, and at all other times will be true, accurate, current and complete
Records- If you become a Streamfolio User you consent to the use of: (a) electronic means to complete these Terms & Conditions where required and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms & Conditions or your use of the Site and Services
Privacy - Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Streamfolio Users or an enterprise and it’s Users using Streamfolio video portfolio services

9.0 Termination or Suspension of the Site or Services

The following conditions govern your use and our actions should you breach our Terms of Service:

Account Suspension / Cessation Of Service - Streamfolio Pty. Ltd. may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. We also reserve the right to terminate the Site, Services or your access thereto at any time and for any reasonable reason.
Legal Action - Streamfolio Pty. Ltd. may notify legal or other authorities or take any actions it deems appropriate, without notice to you, if Streamfolio Pty. Ltd. suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
- (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Streamfolio Pty Ltd;
- or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Streamfolio Users, Streamfolio or any other third parties or the Site or Services
Termination - You may terminate your Streamfolio account at any time and for any reason by notifying Streamfolio Support services using “Close Account” in your Support email ticketing title submission
Retrieval Fee - Upon any termination by a Streamfolio account holder, the related account will only be accessible by applying for via Streamfolio support services and paying in advance an “Account Retrieval Fee” or by paying a full years account which ever is the cheaper option for the User
Obligations - After any termination, you understand and acknowledge that Streamfolio Pty. Ltd. will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Streamfolio Pty. Ltd. is not liable to you or any third party for termination of the Services or termination of your use of the Services.
Data Retention / Storage – Streamfolio Pty. Ltd. will ensure that all data not already deleted by the User will be stored inactively until request of the Account holder. This is conditional on the annual account and storage fees being valid. An Account Retrieval fee will be charged to access data for an inactive User. Streamfolio Pty. Ltd. will retain all and any information stored in our database related to a Users account for a period no less than 7 (“seven”) years for all active Clients. Streamfolio Pty. Ltd. cannot guarantee the security of storage for Account holders who do not have an active Account
Breach & Liability – Any suspension, termination or cancellation will not affect your obligations to Streamfolio Pty. Ltd. under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation and may be subject to legal recourse, transmission and retention for judicial purpose should such said “Breach” be accessed under legal warrant.

10.0 Copyrighted Material

All Users of Streamfolio service must abide by the following Copyright and other understandings and regulations;

Copyright - All content in this site, it's affiliate Community site and any other publication pertaining to the Streamfolio Video Portfolio service is released strictly under International Copyright conditions
General Policy – Strictly No Unauthorized Use - You must not ever use the Streamfolio application to transmit, route, provide connection to, store, disseminate or utilize any such attribute to infringe Copyrighted works or in any way violate, promote or permit access to any material that may compromise the intellectual property rights of any Third Party
Account Suspension / User Service Termination – Streamfolio Pty. Ltd. reserves unconditionally the right to enforce account access termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of Copyright holders

11.0 Definitions - Accounts and User Submissions

This is a general description of Terms used in this Terms of Service document;

Content – Certain types of content are made available through the Site and in many instances are referred to as “actions” or inferred as access related behaviours of the Streamfolio User to action use of their Account. “Content” as used in these Terms & Conditions means, collectively, the text, data, graphics, images, photos and video files made available through the Site, excluding User Submissions
User Submissions – “User Submissions” as used in these Terms of Service means, collectively all text, data, graphics, images, photos and video files and other content and information which Streamfolio Users may broadcast from, post to, upload via and otherwise submit to the Site, including without limitation in any interaction otherwise inherent with features of the Streamfolio platform
Terms of Service - Streamfolip Pty Ltd. provides users with access to a service. Any breach or action contravening the terms of Service in whole or part thereof may result in an immediate termination of this service and the User will not have the ability to access their account.

12.0 Intellectual Property Rights and Ownership

The following considerations must be observed when accessing, using or referring to Streamfolio site material or other:

Breaches of IP Rights & Ownership – Streamfolio Pty. Ltd. reserves the right to remove and/or permanently delete from public view any Content or User Submissions from the Site that breaches any part of the Terms of Service with respect to intellectual property rights and ownership. Termination due to violation of these Terms of Service or cancellation of account may be subject to legal recourse, transmission and retention for judicial purpose should such said “Breach” be accessed under legal warrant
Content Purpose – You may access and use the Site, Services, Content and User Submissions for your own personal use. Disclosure of Streamfolio Pty. Ltd. services utilised for commercial or statutory purpose is mandatory where the use of such Service may contravene copyright, trademark, security, privacy, service or other proprietary rights in that respective legal or geographical jurisdiction
Reuse Of Streamfolio Content - notices incorporated in or accompanying the Site, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions (other than your User Submissions)
Rights & Licences - Streamfolio Pty. Ltd. own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein excluding User Submissions. All users contravening such Rights & Licences may be subject to legal recourse, transmission and retention for judicial purpose should such said “Breach” be pursuant under legal warrant

13.0 Interactions between Streamfolio Users – “Behaviours”

We pride ourselves in fostering a unique and supportive online Community and expect the utmost respect from our users of each other abiding by the following;

Responsibility- You, as a Streamfolio User or Visitor are solely responsible for your interactions (including any disputes) with Streamfolio Users as a matter of enterprise and it’s Users using Streamfolio video portfolio services
Intervention In Case Of Action – Streamfolio Pty. Ltd. does not in any way screen Streamfolio Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Streamfolio Users as a matter of an enterprise and it’s Users using Streamfolio video portfolio services
Personal Precaution – You agree to take reasonable precautions in all interactions with other Streamfolio Users both virtually and physically should use of such said services avail such interaction. Your use of Streamfolio and any other information or other materials made available through the Site or Services is at your sole risk and discretion and Streamfolio Pty. Ltd. hereby disclaims any and all liability to you or any third party relating thereto
Legal Recourse For Breach of Terms Of Service – Streamfolio Pty. Ltd. reserves the right to contact Users personally in compliance with any applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will as a Streamfoliouser cooperate fully with Streamfolio Pty. Ltd. to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Streamfolio Pty. Ltd. representatives access to any password-protected portions of your Streamfolio account
Privacy : Legal Compliance – Streamfolio Pty. Ltd. may in its sole discretion review and/or record broadcast or other exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms of Service or as otherwise technically necessary

14.0 Obligations & Conditions of Use - General

Streamfolio provides a private and secure connection and life-time portfolio for it's Users. We ensure that our Users observe and understand the following conditions for access to this service including;

The Streamfolio Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Streamfolio Site and Services

15.0 Obligations and Conditions of Use - Specific

As a Streamfolio User you agree that you will NOT do any of the following while using or accessing the Site or Services;

Upload, stream, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Streamfolio viewers and User
Purpose Streamfolio in anyway to incite bullying, exclusion, inference or compromise to manipulate, affect, refer or influence access to Streamfolio service or in any manner that contravenes the Terms Of ServiceUpload, broadcast, share, transmit, store, access or in anyway link to material of a pornographic nature, child pornography or child erotica, nudity ( other than educational anatomyor classified materials, images, script, audio, video which in any way suggestively affronts, contravenes or depicts either male or female persons in related acts or behaviours which may prove objectionable to anyone accessing, viewing or being in proximity to use of the Streamfolio service
Utilise Streamfolio as a pay-for-service, pay-by-time or pay-per-view facility or conduct commercial activities which re-sell, re-publish, parralell purpose Streamfolio facilities for public exhibition, public performance or similar without the express and written permission of Streamfolio Pty. Ltd. who will permit such activities only upon careful consideration and at Streamfolio Pty. Ltd. discretion
Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of unwanted or otherwise objectionable solicitation
Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content
Upload, stream, email or otherwise transmit any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you or any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary
Any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity)
Use any meta deriviatives utilizing a Streamfolio Pty. Ltd. trademark, URL or product name
Upload, stream, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software
Interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information
Upload, broadcast or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions
Flood, automate repeat action or otherwise interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of Streamfolio providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site
Probe, scan or exploit Streamfolio Pty. Ltd. systems or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services
Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services which contravenes all terms of Service
Access, search or meta-search the Streamfolio Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Streamfolio Pty. Ltd. or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks
Collect, misrepresent or store personal data about other Users or anyone in any context without their express written permission
Misrepresent your affiliation or association with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud
Use the Site or Services in any manner not permitted by these Terms of Service
Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service

16.0 Security, Privacy, Access & Communication

The following understandings constitute and govern your use of the Streamfolio application, service, API, plugins and Community:

Risk - Your use of Streamfolio Site, Services, Content and User Submissions is at your sole discretion and risk. Streamfolio Pty. Ltd. does everything within it’s commercial and Propriety power to ensure data, behaviour, interaction, User Submissions and any other related activities of Users are kept private and secure
Personal Details - Streamfolio Pty. Ltd. will NEVER onsell, provide access to, copy, disseminate or in any way use User Submissions for any purpose whatsoever. We will NEVER benefit from your user Submissions NOR access; NOR use your personal details other than to inform you of changes that may affect your Terms Of Service
Newsletter - Streamfolio Pty. Ltd. provides to ALL registered Streamfolio Users a monthly or otherwise elected electronic newsletter which provides timely information and proposed changes to Terms of Service published also via the Streamfolio Pty. Ltd. weblog function. Streamfolio Users may elect to de-register themselves permanently from this electronic newsletter. Re-activation of registration for this FREE service can only be achieved via submission at Streamfolio Support services

17.0 Limitation of Liability

IN NO EVENT WILL STREAMFOLIO NOR STREAMFOLIO PTY LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT STREAMFOLIO PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL STREAMFOLIO PTY LTD'S LIABILITY TO YOU EXCEED $100 AUD.

18.0 Indemnification

As a Streamfolio User you agree to defend, indemnify, and hold Streamfolio Pty. Ltd. its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:

your access to or use of the Site, Services, Content and User Submissions
your violation of these Terms of Service
your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right
as a matter of Affiliate enterprise and it’s Users using Streamfolio Pty. Ltd. video portfolio services
any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing

19.0 Third Party

Links - Streamfolio Pty Ltd. may provide links to third party websites or resources from the Site/s. You acknowledge and agree that Streamfolio Pty. Ltd. is not responsible or liable for the availability or accuracy of, and Streamfolio Pty. Ltd. does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

No Assignment - You will not assign Streamfolio Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Streamfolio Pty. Ltd. Any purported re-assignment or delegation by you without the appropriate prior written consent of Streamfolio Pty. Ltd. will be null and void.

Representation - For purposes of these Terms of Service, including if you become a User and create an account, you are not an employee or agent of Streamfolio Pty. Ltd. and you will not represent that you hold any such Office. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms of Service, including without limitation any expenses associated with the implementation of these Terms of Service.

Severability and Waiver - In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Streamfolio Pty. Ltd. to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision

Force Majeure – Streamfolio Pty. Ltd. will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Streamfolio Pty. Ltd. infrastructure or connectivity to the Internet, or failure at Streamfolio Pty. Ltd. co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Streamfolio Pty. Ltd. will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues

Governance - These Terms of Service and the relationship between you as Streamfolio User and Streamfolio Pty. Ltd. will be governed by the laws of the Nation of Australia without regard to its conflict of law provisions. You and Streamfolio Pty. Ltd. agree to submit to the personal and exclusive jurisdiction of the courts located in Sydney, NSW, Australia

Entire Agreement – These Terms of Service are the entire and exclusive agreement between Streamfolio Pty. Ltd. and you regarding the Site, Content, and Services and supersede and replace any prior agreements between Streamfolio Pty. Ltd. you regarding the Site and Services.

20.0 Communication & Notice

Any notice or other communication to be given hereunder will be in writing and given as the Streamfolio Pty. Ltd. electronic newsletter issued at User discretion or via direct messaging within the context of the Streamfolio platform or Support Service themselves. The date of receipt will be deemed the date on which such notice is transmitted to the User.

21.0 Written Notification

If you wish to make communication with Streamfolio Pty. Ltd. in written format please address all correspondence to:

Streamfolio Pty. Ltd.

Attention : Administration.

Subject : Streamfolio.

PO Box 7008

Cloisters Square, 6850.

Perth, Western Australia.

22.0 ASIC Details

Under Australia Law we are required to maintain a solvent financial and reporting entity using the following identification which you may wish to quote in your correspondence with other Parties:

ACN : 135 149 549.

ABN : 96 135 149 549