Terms Of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the RITEVAC TV web site located at www.ritevactv.com (the "Site"). The Site is the property of RITEVAC TV Pty (Ltd) ("RITEVAC TV") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE OR DOWNLOAD ANY MATERIALS PROVIDED ON THE SITE. RITEVAC TV reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, RITEVAC TV grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

THE MATERIALS


The content posted on this Site related to RITEVAC TV’s episodic shows, specials, films and other audio-visual works (collectively, the “Productions”), including without limitation, text, artwork, photographs, video, title treatments, music, trademarks, logos and synopses related thereto (collectively, the “Materials”) as well as the user interfaces, visual interfaces, computer code, the design, structure, selection, coordination, expression, "look and feel" and arrangement of the Site is owned, controlled or licensed by or to RITEVAC TV, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site (including the Materials) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without RITEVAC TV’s express prior written consent.


CONTENT SUBJECTIVITY.


Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and RITEVAC TV does not guarantee that you will agree with them. You acknowledge these risks.


YOUR USE OF THE MATERIALS


The authorization set forth below to use any Materials is limited solely to your use on the media outlet(s) with which you have declared your affiliation in the registration for this Site. You may download and use the Materials solely for editorial, reporting and/or promotional purposes in connection with the initial public release of the Productions by RITEVAC TV. The Material may not be used for any other purposes, including without limitation, parody or the distortion of any plot, theme, character or dialogue contained in the Material or Productions. Your authorization to use the Material is on a non-exclusive basis and revocable by RITEVAC TV at any time upon notice to you. The Material is subject to change and your ability to access and/or use the Material may be terminated without notice in the sole discretion of RITEVAC TV. You may only use the Materials during the period starting six (6) months prior to RITEVAC TV’s initial public release of the applicable Production, and continuing until three (3) months after such initial public release. Upon termination or expiration of the authorization contained herein, you must cease using the Material. Any other use, re-use or duplication of the Material, except as set forth herein, is strictly prohibited without the express prior written consent of RITEVAC TV. RITEVAC TV and its licensors reserve their rights to pursue any and all legal remedies to terminate any unauthorized use of the Material.
By downloading or using the Material you agree

  • To abide by the terms and conditions set forth in these Terms of Use, and

  • (ii) That you are responsible for any and all claims, damages and liabilities arising from your unauthorized use of such Material. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE LIMITED AUTHORIZATION GRANTED HEREIN, DO NOT DOWNLOAD ANY MATERIAL.



YOUR USE OF THE SITE


You agree to use the Site only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. RITEVAC TV reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any RITEVAC TV server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of RITEVAC TV, including any RITEVAC TV account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or RITEVAC TV’s systems or networks, or any systems or networks connected to the Site or to RITEVAC TV.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to RITEVAC TV on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Materials for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of RITEVAC TV or others.

You may not share, assign or transfer your access to the Site.

ACCOUNTS, PASSWORDS AND SECURITY


Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify RITEVAC TV immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by RITEVAC TV or any other user of or visitor to the Site due to someone else using your RITEVAC TV username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that RITEVAC TV username, password or account. RITEVAC TV cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY


RITEVAC TV’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure.

DISCLAIMER OF WARRANTIES


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

RITEVAC TV SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SITE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.

RITEVAC TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME RITEVAC TV MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE (INCLUDING THE MATERIALS) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RITEVAC TV AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, RITEVAC TV AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.

RITEVAC TV DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND RITEVAC TV DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE MATERIALS, DATA OR INFORMATION PROVIDED BY THE SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

LIMITATION OF LIABILITY



RITEVAC TV SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SITE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM

(A) RITEVAC TV’S FAILURE TO USE REASONABLE SKILL AND DUE CARE;

(B) RITEVAC TV’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RITEVAC TV AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR OTHER INTANGIBLE LOSSES (EVEN IF RITEVAC TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE (II) ANY CHANGES MADE TO THE SITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SITE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SITE (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; AND (VI) ANY OTHER MATTER RELATING TO THE SITE.

INDEMNIFICATION



You agree to defend and indemnify RITEVAC TV and RITEVAC TV's subsidiary and affiliated companies, employees, officers, directors, and agents from any and all losses, damages, liabilities, costs, and reasonable expenses (including but not limited to attorneys' fees), in connection with or arising out of (a) your use of the Site and/or any Materials, and/or (b) your violation of applicable law or these Terms of Use.

VIOLATION OF THESE TERMS OF USE


You agree that RITEVAC TV may, in its sole discretion and without prior notice, terminate your access to the Site, with or without cause, including if we determine that you have violated these Terms of Use or other agreements or guidelines, which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to RITEVAC TV, for which monetary damages would be inadequate, and you consent to RITEVAC TV obtaining any injunctive or equitable relief that RITEVAC TV deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies RITEVAC TV may have at law or in equity. If RITEVAC TV does take any legal action against you as a result of your violation of these Terms of Use, RITEVAC TV will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to RITEVAC TV. You agree that RITEVAC TV will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

COMPLIANCE WITH LAWS


You warrant that all actions taken by you with respect to this Site and its contents (including the Materials) will comply with all applicable laws, including but not limited to any applicable laws regarding export compliance.


FEEDBACK AND INFORMATION


Any feedback you provide on information downloaded from this site shall be deemed to be non-confidential. RITEVAC TV shall be free to use such information on an unrestricted basis.

MISCELLANEOUS


If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and RITEVAC TV with regard to your use of the Site, the Materials, and/or any and all other written or oral agreements or understandings previously existing between you and RITEVAC TV with respect to such use are hereby superseded and cancelled. RITEVAC TV’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by RITEVAC TV of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between RITEVAC TV and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.