Terms of Use

1. DEFINITIONS

In these Terms of Use, the following words have the meanings set out below:

• "Content" means any audiovisual work, metadata, images, text, or other material available on or submitted to the Platform.
• "Creator" means an individual or entity who submits Content to FilmDeck for consideration.
• "FilmDeck" means FilmDeck Enterprises PTY LTD (ABN 56 697 589 594) trading as FilmDeck.
• "Platform" means the FilmDeck streaming service, website, and any associated applications or distribution channels operated by FilmDeck.
• "User" means any individual or entity accessing or using the Platform.
• "User Content" means any Content, data, or information (other than submitted Content by Creators) that a User uploads, posts, or otherwise makes available on the Platform, including comments, reviews, or profile information.

2. ACCESS TO AND USE OF THE PLATFORM

2.1 Eligibility

The Platform is intended for use by individuals who are at least 18 years of age (or the age of majority in their jurisdiction). By accessing or using the Platform, you confirm that you meet this age requirement. FilmDeck does not knowingly collect personal data from children under the age of 13.

2.2 User Accounts

To access certain features of the Platform, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify FilmDeck immediately of any unauthorised use of your account.

2.3 Permitted Use

You may use the Platform solely for your personal, non-commercial entertainment and information purposes, in accordance with these Terms of Use. You agree not to use the Platform for any commercial purpose without FilmDeck's express prior written consent.

2.4 Prohibited Conduct

You agree not to:

• use the Platform for any unlawful purpose or in any way that breaches any applicable local, national, or international law or regulation;
• infringe the intellectual property rights of FilmDeck or any third party, including Creators whose Content is featured on the Platform;
• circumvent, disable, or otherwise interfere with any security-related features of the Platform or features that prevent or restrict use or copying of any Content;
• transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by FilmDeck, may harm FilmDeck or Users of the Platform or expose them to liability;
• attempt to gain unauthorised access to any part of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
• reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform or Content without FilmDeck's express written permission;
• scrape, spider, crawl, or otherwise use any automated means to access or collect data from the Platform without FilmDeck's express written permission.

2.5 User Content

If the Platform allows you to post or upload User Content, you are solely responsible for that User Content. You represent and warrant that you own or have the necessary rights and permissions to use and authorise FilmDeck to use all intellectual property rights in and to any User Content you submit. FilmDeck reserves the right to remove any User Content at its sole discretion.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 FilmDeck's Intellectual Property

All intellectual property rights in the Platform itself, including its design, text, graphics, software, and underlying technology (excluding Content submitted by Creators), are owned by FilmDeck Enterprises PTY LTD trading as FilmDeck or its licensors. These Terms of Use do not grant you any rights to use FilmDeck's trademarks, logos, or other brand elements without FilmDeck's prior written consent.

3.2 Creator Content

Content featured on the Platform is the intellectual property of the respective Creators or their licensors. Your access to Content through the Platform is solely for your personal, non-commercial viewing. You may not download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or offer for sale any Content without the express written consent of the respective Creator and/or FilmDeck.

3.3 Copyright Infringement

FilmDeck respects the intellectual property rights of others. If you believe that any Content on the Platform infringes your copyright, please refer to FilmDeck's Submission Terms & Conditions (Section 9) for our copyright infringement and takedown process. FilmDeck will respond to valid notices of copyright infringement in accordance with applicable law.

3.4 Content & Branding Protection

All FilmDeck content, branding, logos, graphics, text, videos and website materials are protected by copyright and intellectual property laws. Reproduction, copying, distribution, modification or commercial use without prior written permission from FilmDeck Enterprises Pty Ltd is prohibited.

4. DISCLAIMERS & NO WARRANTIES

4.1 "As Is" Basis

The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. FilmDeck disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

4.2 No Guarantee of Availability

FilmDeck does not warrant that the Platform will be uninterrupted, secure, error-free, or free from viruses or other harmful components. FilmDeck does not guarantee continuous or uninterrupted availability of the Platform and accepts no liability for downtime, delays, or technical failures.

4.3 Content Accuracy

While FilmDeck endeavours to curate high-quality Content, FilmDeck does not warrant the accuracy, completeness, or reliability of any Content or information provided on the Platform. You acknowledge that you rely on such Content or information at your own risk.

4.4 No Legal or Professional Advice

Any information provided on the Platform is for general informational purposes only and does not constitute legal, financial, or professional advice. You should seek independent professional advice before making any decisions based on information from the Platform.

5. LIMITATION OF LIABILITY

5.1 General Limitation

To the fullest extent permitted by applicable law, FilmDeck Enterprises PTY LTD trading as FilmDeck, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or Content of any third party on the Platform; (iii) any Content obtained from the Platform; and (iv) unauthorised access, use, or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not FilmDeck has been informed of the possibility of such damage.

5.2 Total Liability

In no event shall FilmDeck's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Platform in the twelve (12) months preceding the date of the claim. Where no fees have been paid, FilmDeck's liability shall be limited to the maximum extent permitted by law.

5.3 Australian Consumer Law

Nothing in these Terms of Use is intended to exclude, restrict, or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or other applicable Australian legislation which cannot be excluded, restricted, or modified by agreement. If any part of these Terms of Use is found to be contrary to the Australian Consumer Law, that part will be severed, and the remainder of the Terms of Use will continue in full force and effect.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless FilmDeck Enterprises PTY LTD trading as FilmDeck, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Platform; (ii) your breach of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Platform.

7. THIRD-PARTY LINKS & SERVICES

The Platform may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by FilmDeck. FilmDeck does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Platform, you do so at your own risk, and you agree that FilmDeck will have no liability arising from your use of or access to any third-party website, service, or content.

8. CHANGES TO THESE TERMS OF USE

FilmDeck reserves the right to modify or replace these Terms of Use at any time at its sole discretion. If a revision is material, FilmDeck will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at FilmDeck's sole discretion. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Platform.

9. GOVERNING LAW & DISPUTE RESOLUTION

9.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

9.2 Dispute Resolution

In the event of any dispute, claim, or disagreement arising out of or in connection with these Terms of Use, the parties agree to first attempt to resolve the dispute informally. You should contact FilmDeck in writing at rights@filmdeck.com.au. FilmDeck will respond within fourteen (14) days of receipt. If the dispute is not resolved informally within thirty (30) days, either party may pursue the dispute through the courts in accordance with Section 9.1.

10. GENERAL PROVISIONS

10.1 Entire Agreement

These Terms of Use, together with FilmDeck's Privacy Policy and (for Creators) Submission Terms & Conditions, constitute the entire agreement between you and FilmDeck regarding your use of the Platform.

10.2 Severability

If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

10.3 No Waiver

FilmDeck's failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.

10.4 Assignment

FilmDeck may assign or transfer its rights and obligations under these Terms of Use to any successor entity or in connection with a merger, acquisition, or sale of all or substantially all of its assets. You may not assign your rights or obligations under these Terms of Use without FilmDeck's prior written consent.

10.5 Contact

For any questions regarding these Terms of Use, please contact FilmDeck Enterprises PTY LTD trading as FilmDeck at:
Email: rights@filmdeck.com.au
Website: www.filmdeck.com.au
Post: Suite 358, 4 Young Street, Neutral Bay, NSW 2089, Australia