Terms & Conditions
Geraldine Community TV On-Demand Terms of Use
Effective Date: 1st October 2021
Parties to the Agreement
These Terms of Use (hereinafter, these “Terms of Use” or this “Agreement”) are for GCTV, based on New Zealand law as at 2021.
Users’ Use of the Website
The GCTV On-Demand website (hereinafter, the “Website”) is owned and operated by Geraldine Community TV, Sole Trader. Unless otherwise indicated, the content, format, interactive features and imagery of this Website are copyrighted under the laws of New Zealand or its licensors, creators, and are protected by worldwide copyright laws and treaty provisions. Unauthorized copying is a violation of law. The content, format and imagery of the Website may not be copied, published, broadcast, distributed, reproduced or transmitted beyond the terms and conditions set forth herein. Users (as that term is defined in the Agreement) may not use the Website or any materials on the Website in any commercial or for-profit manner. All rights are mainted by GCTV, and or the original creator of such content.
For purposes of this Agreement, the transfer and use of any materials from the Website onto any other website or computer environment is prohibited without the express written consent of GCTV. Users shall use best efforts to ensure that all Users are aware of, and comply with, these Terms of Use.
Use of the Material
GCTV reserves the right, in its reasonable discretion, to limit any User’s use of the Website or Material (as defined below) in the event that GCTV, in its reasonable discretion, deems such User’s use of the Website to be inconsistent with noncommercial purposes and/or inconsistent with these Terms of Use.
The Website and the images, audio files and video files on the Website (hereafter, the “Material”) are owned , streamed, or licensed by GCTV and are protected by New Zealand and international copyright, trademark and other intellectual-property laws. User does not gain any type of ownership interest in the Website or the Material by using the Website or the Material.
The Material is made available for streaming. Users may stream Material, as the case may be, for individual use and solely for non-commercial use. With respect to downloadable Material, Users may not (i) systematically download any of the Material; (ii) create distribution libraries from the Material; or (iii) sell, rent, display, exhibit or otherwise transfer any of the Material to any third party.
User understands and agrees that the Website and the Material possess a unique character that makes it difficult to assess the monetary damages that would be sustained as a result of unauthorized use of the Website or Material. User understands and agrees that unauthorized use may cause immediate and irreparable damage to GCTV for which GCTV would not have an adequate remedy at law. Therefore, in the event that GCTV discovers such unauthorized use by its Users, GCTV will first contact user for assistance in stopping the unauthorized use. In the event that user does not cooperate in such attempt to halt the unauthorized use, then GCTV shall also be entitled to seek injunctive and other equitable relief without the necessity of proving money damages or furnishing a bond or other security.
Terms of Use May Change
GCTV reserves the right to update or modify these Terms of Use from time to time. Such changes will become effective when GCTV posts the revised Terms of Use on the Website. We will endeavour to provide user’s with prior notice of modifications to these Terms of Use by email to the address provided by the user. However, since we cannot guarantee such email notice will be delivered to user, user’s use of this Website following any such modification constitutes user’s agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage user’s to review these Terms of Use whenever user uses this Website. Any revised Terms of Use shall supersede all previous versions.
Correction of Errors and Inaccuracies
The content of this Website, including but not limited to text, availability and descriptions may contain errors or inaccuracies, and may not be complete or current. GCTV reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. GCTV takes no responsibility for errors or such like that maybe used by the individual creator of the content, GCTV apologize for any inconvenience this may cause user. The views expressed in the content by individual creators is solely at the creators discretion.
Suspension and Termination
We reserve the right to immediately suspend Service to a user at any time we believe that user or any of its Users has failed to comply with any material term or provision of this Agreement in a manner that is not curable, including, without limitation, any time that a user or any of its Users has infringed the rights of any third party, has engaged in conduct that is illegal, tortuous or that interferes with the technological operation of this Website. We also reserve the right to terminate this Agreement in the event that: (i) the basis for a suspension of Service continues or, in our reasonable judgment, is likely to continue; or (ii) without suspension of Service, we notify user in writing of a breach by user or any of its Users of these Terms of Use and such breach is not cured within thirty (30) days after the date of such notice. Upon termination, User must immediately destroy all Materials obtained from GCTV or this Website and all copies thereof, whether made under the terms of this Agreement or otherwise.
Indemnification
Users’s hereby agrees to indemnify, defend, and hold harmless GCTV, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from any of its Users’ access to or use of the Website and the Material in violation of these Terms of Use or any law or regulation, including without limitation any claim arising from Subscriber’s or any of its Users’ infringement of any third party rights.
GCTV hereby agrees to indemnify, defend and hold harmless users from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from any third party claim alleging that its Users’ use of the Material, strictly as permitted hereunder, infringes the right of any third party.
The indemnification obligations above are subject to the indemnifying party being promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over the defense and all negotiations for a settlement or compromise.
Disclaimer
GCTV PICTURES MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO GCTV OR THE CONTENTS OF THIS WEBSITE, INCLUDING THE MATERIAL, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” GCTV AND THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO GCTV AND THIS WEBSITE AND ANY WEB SITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS TO THIS WEBSITE. GCTV NOTIFIES USER’S THAT MUCH OF THE CONTENT OF THE WEBSITE IS SUPPLIED BY THIRD PARTY CREATORS WHO ARE ULTIMATELY RESPONSIBLE FOR THE CONTENT SUPPLIED BY THEM. GCTV DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THIS WEBSITE OR THAT ITS CONTENTS WILL MEET USERS’S REQUIREMENTS, THAT GCTV OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. GCTV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USERS’S.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GCTV OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF GCTV, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USERS’S. IN NO EVENT SHALL GCTV TOTAL LIABILITY TO USERS’S FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE), IF ANY, FOR ACCESSING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL GCTV BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER’S OR USERS’S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).
Jurisdiction and Export
This Website is owned and controlled by GCTV , Geraldine New Zealand.
Antitrust Policy
GCTV does not condone any information sharing agreements among its suppliers or its users, which would utilize information from GCTV, which in any way would distort market forces. GCTV also does not condone collusion among users, which would cause the exercise of monopoly power among buying groups. GCTV will not enter into and does not condone the entering into of any agreements among competitors to exclude or discriminate against web sites that are competitive with GCTV and shall not engage in over-inclusive ownership structures, rules, or incentives which would keep users of GCTV from using or supporting a competitive Website.
Notice of Copyright Infringement
Notification of a claim of copyright infringement must be submitted to the following:
GCTV
Geraldine New Zealand. Email: GeraldineCommunityTv@gmail.com.
The notification must be in writing and include:
A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of each alleged infringing copyrighted work or works; Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material; Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address); A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Terms of Use
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