Terms and Conditions
This Agreement between you the User and BallStream partners, the Provider of the
Service, is made and entered into by registering to use the Service. Provider
and User shall be referred to herein individually as a "Party" or collectively
as the "Parties" who agree as follows:
Grant of Rights
User grants to the Provider the non-exclusive right to promote and display all
Media
submitted via the Service subject to the terms of this Agreement.
Discretion
The acceptance of accounts and content submitted to the Service is by the final
discretion of the Provider.
Termination
This Agreement will continue in effect from the time of the User's online registration and such time as notice is given by either Party to terminate in
writing or by email, such termination being effective within thirty (30) days of
said notice.
The Provider may at their discretion terminate this agreement upon
served notice if it is deemed that any content submitted via the Service is a
breach of Copyright or International Law.
Assignment
This Agreement may not be assigned to another Party without the express written
approval of the Provider.
Relationship of the Parties
Each Party is acting as an independent contractor and not as an agent, partner,
or joint venture with the other Party for any purpose.
Intellectual Property Rights
Provider agrees that the media provided hereunder, and any copies thereof,
in whole or in part, and all intellectual property rights, including without
limitation, patent, copyright, trademark, trade secret, and any other
intellectual or industrial property rights, are and shall remain the sole
property of User, and that all rights thereto are reserved by User. Provider
agrees that it will not create derivatives of any Listing, nor use, copy,
disclose, sell, assign, sublicense, or otherwise transfer any Listing except as
expressly authorized in the end-user license agreement for such Listing.
Representations and Warranties
User represents and warrants that it owns, or has valid and current distribution
licenses to the Media and all components, and that no provision of this
Agreement violates any prior agreements between User and any third parties and
that this Agreement has been duly authorized, executed and delivered by User and
constitutes a legal, valid and binding obligation of User enforceable against
User according with its terms, that the User owns or has administration rights
to title and interest in and to the trademarks and intellectual property to be
provided to Provider and included in the Media and the packaging of the
Media, (v) User has obtained any applicable export licenses for the
Media which are required under any other applicable law.
Governing Law
This Agreement shall be governed by and construed according to the common laws
of Queensland, Australia.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY
DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
SERVICES AND PRODUCTS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO ANY THIRD PARTY FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM
ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR
ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR
LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
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