THE VAULT

Terms and conditions

1. Overview

1.1 Gods and Kings Productions is a Western Australian Independent Film Production Business that has created a video on demand subscription service, The Vault,  that provides its customers with access to a wide range of independent movies, television programs and other audio-visual content ("Content") for streaming over the internet to certain internet connected devices.

1.2 If your Supported Device is a PC or a Mac, Gods and Kings Productions, The Vault,  Service is accessed via the website godsandkingsproductions.info ("Gods and Kings Productions Website").

1.3 Gods and Kings Productions, The Vault, Service is provided by Gods and Kings Productions (ABN 60260072961) ("we", "us" or "our").

 

2. Agreement

2.1 This Agreement governs your use of Gods and Kings Productions, The Vault, Service (including your use of the Gods and Kings Productions Website) and your use of the Software (as defined in clause 7.1 below). By creating an account to access the Gods and Kings Productions, The Vault, Service ("Account") you agree to be bound by the terms of this Agreement.

2.2 This Agreement incorporates:

(a) your Account details;

(b) these terms and conditions;

(c) our Privacy Policy

(d) our Collection Statement; and (e) the URL’s referred to in these terms and conditions.

2.3 We may change the terms of this Agreement at any time. We will notify you of any material change prior to the date such change comes into effect. If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 9.2 below.

2.4 You can contact us via hello@godsandkingsproductions.com at any time to obtain a copy of the current version of this Agreement.

2.5 This Agreement continues on a yearly basis unless you cancel or we terminate this Agreement in accordance with the terms of this Agreement.

 

3. Eligibility and Access

3.1 To create an Account which will allow you to subscribe to the Gods and Kings Productions, The Vault, Service, you must:

(a) be at least 18 years of age;

(b) provide us with your email address;

(c) provide us with the details of your valid credit/debit card (“Valid Card”) account (each a "Payment Method"), and (d) have an Australian residential address and provide us with your postcode.

3.2 To access the Gods and Kings Productions, The Vault, Service, you must:

(a) set up an Account;

(b) have a Supported Device that is connected to the internet in Australia;

(c) subject to the specific terms of any Promotional Offer (as defined below) pay the yearly Subscription Fee (as defined below) in accordance with clause 6 below.

3.3 To get the most from your Gods and Kings Productions, The Vault, Service, we recommend an effective internet line speed of 3.0Mbps for SD Content, 5.0Mbps for HD Content, and 15.0Mbps for 4K.

 

4. Subscription Plans

4.1 Gods and Kings Productions, The Vault, offers one yearly subscription plans for the Gods and Kings Productions, The Vault, service (“Subscription Plan(s)”). Information on the inclusions within the Subscription Plan is available at godsandkingsproductions.info.

4.2 You can choose your Subscription Plan when you create your Account.

 

 

5. Payment

5.1 By creating your Account and providing us with the details of your Payment Method, you authorize us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan in accordance with this clause 5.

5.2 The Subscription Fee for your Subscription Plan will be charged to your Payment Method in advance of each yearly subscription period.

5.3 Your first yearly subscription period starts when you

(a) create your Account,

(b) pay your first yearly Subscription Fee from your Payment Method.

5.4 At the end of the first year subscription period and each yearly subscription period thereafter, we will automatically renew your yearly subscription and charge your Payment Method the yearly Subscription Fee unless and until you cancel your Account.

5.5 Unless expressly stated otherwise, all Subscription Fees are GST inclusive. If your chosen Payment Method is your Valid Card, to ensure your Valid Card is not being used fraudulently, we may validate your Valid Card with a small pre-authorisation. This will result in the funds available on your Payment Method account being reduced by this amount. These funds are held by your card issuer. It may take some days for the validation amount to be re-adjusted on your Payment Method account.

5.6 You must ensure that the details of your Payment Method remain accurate and up to date. You can change your Payment Method details by visiting godsandkingsproductions.info

5.7 We may increase the Subscription Fee for the Subscription Plan you are currently subscribed to at any time by giving you at least one calendar months' notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).

5.8 If we are unable to collect the Subscription Fee from your Payment Method for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Gods and Kings Productions, The Vault, Service without giving you notice.

5.9 If we are able to collect the Subscription Fee from your Payment Method during a period of suspension under clause 5.8 (including without limitation where you provide us with new or updated details of your Payment Method) we will reinstate your access to the Gods and Kings Productions, The Vault, Service and your new monthly subscription period will commence on the date we successfully charge your Payment Method.

 

6. Usage and Your Account

6.1 The Gods and Kings Productions, The Vault, Service, the Software and any Content that you view via the Gods and Kings Productions, The Vault, Service are for your personal and non-commercial use only. We grant you a limited, non-exclusive, personal and non-transferable license to:

(a) access the Gods and Kings Productions, The Vault,  Service and view Content through the Gods and Kings Productions, The Vault,  Service on a streaming basis (as defined below); and

6.2 Except as expressly authorised under the terms of this Agreement or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivative works from or offer for sale or use (except as expressly authorised under the terms of this Agreement) any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Gods and Kings Productions, The Vault,  Service, or the Gods and Kings Productions Website.

6.3 You must only use the Gods and Kings Productions, The Vault,  Service (and view any Content on the Gods and Kings Productions, The Vault,  Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations, and other applicable restrictions.

6.4 Except for the limited license granted under clause 6.1 above, all rights in the Content are reserved by us or the licensors of our Content and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.

6.5 You must not attempt to circumvent, remove or alter the digital rights management and anti-piracy measures employed by the Gods and Kings Productions, The Vault,  Service.

6.6 You can view and change your Account details, including information about billing, payment and your registered Supported Devices, by visiting godsandkingsproductions.info

6.7 You are responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Gods and Kings Productions, The Vault,  Service (including your internet and mobile usage when Temporarily streaming Content). Please contact your internet service provider or mobile telecommunications provider for details of your account access fees, data charges, and other costs.

6.8 The quality of the display of Content, and the time it may take to commence or resume watching Content may vary from time to time and between Supported Devices, based on factors including (but not only) your location, internet speed or bandwidth and the type of Supported Device. Not all Content is available in HD. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.

6.9 You may stream Content through the Gods and Kings Productions, The Vault, Service in Australia only (and where internet or mobile data access to the required standard is available). We will use technology to verify your geographic location and prevent streaming outside Australia.

6.10 The Content on the Gods and Kings Productions, The Vault,  Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.

6.11 You must keep your Account details private and must not share these details. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.

6.12 As a web-based service, we may undertake maintenance or upgrades to the Gods and Kings Productions Website, from time to time, and there may be unplanned outages to the Gods and Kings Productions Website. Such maintenance, upgrades or outages may affect your ability to access the Gods and Kings Productions, The Vault,  Service. We will use our reasonable endeavors to limit such incidents.

6.13 From time to time, you may be required to upgrade the Software to continue using The Gods and Kings Productions, The Vault,  Service. If you decline an upgrade, you may not be able to use or access the Gods and Kings Productions, The Vault, Service.

6.14 You must not remove any proprietary notice of us or any of our licensor from the Content, the Software or the Gods and Kings Productions Website.

6.15 The Gods and Kings Productions, The Vault,  Service and the Software contains software that may track and capture information about your activity (including information about your viewing habits, information about Supported Devices registered to your Account, including unique device numbers, internet protocol addresses, your operating system and other information derived from the hardware configuration of such devices) and will send this information to us. We use this information for purposes including identifying the Supported Devices registered to your Account, to confirm your right to use the Gods and Kings Productions, The Vault, Service and to otherwise enhance and improve the Software and the Gods and Kings Productions, The Vault, Service. By installing the Software and using the Gods and Kings Productions, The Vault, Service, you consent to the transmission of this information.

6.16 Content owners may use Microsoft PlayReadyTM content access technology to protect their intellectual property, including copyrighted content. Certain Supported Devices use PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device's ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

 

7. Classification

7.1 We will provide classification information as required by law with each piece of applicable Content available on the Gods and Kings Productions, The Vault, Service. You accept full responsibility for reviewing all classification information supplied for each piece of Content for the purpose of informing, and where appropriate safeguarding, other viewers of the Content, including children.

7.2 You are responsible for the security of your Account PIN.

7.3 You are responsible for ensuring that Content classified as MA15+ is only viewed or accessed by persons 15 years and over and Content classified as R18+ is only viewed or accessed by persons 18 years and over.

 

8. Suspension and Cancellation

8.1 You may cancel your Account at any time by visiting godsandkingsproductions.info/welcome-thevault and clicking "Cancel my subscription". Cancellation is effective immediately and your Account will be closed and your access to the Gods and Kings Productions, The Vault, Service will be disconnected from the date you cancel. You will not receive a refund of any fees or other amounts already paid to us when you cancel, except in the circumstances described in clause 8.2 below.

8.2 If you wish to cancel as a result of us changing this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

8.3 We may cancel this Agreement or your Account at any time. Except as set out in clause 8.4 below, if we cancel this Agreement or your Account, you will be able to access the Gods and Kings Productions, The Vault, Service for the remainder of the current yearly subscription period, in which case, we will cancel your Account and your access to the Gods and Kings Productions, The Vault, Service immediately.

8.5 We may immediately suspend, restrict or cancel your Account or access to the Gods and Kings Productions, The Vault, Service:

(a) where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;

(b) if you use the Content or the Gods and Kings Productions, The Vault, Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our content partners or licensors;

(c) if you breach any term of this Agreement; or

(d) if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorized access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.

 

9. Intellectual Property

9.1 All content on or available through  the Gods and Kings Productions, The Vault, Service (including the Content, and all other works, subject matter and other material comprising or available on the Gods and Kings Productions Website) and the Software is our property or, as applicable, the property of our content partners or licensors. That property is protected by, and your use of the Stan Service and Software is subject to, all relevant intellectual property laws.

9.2 We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorized copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.

9.3 Gods and Kings Productions is a registered trademark. Gods and Kings Productions graphics and logos are trademarks of Gods and Kings Productions. Gods and Kings Productions trademarks may not be used in conjunction with any product or service other than  the Gods and Kings Productions, The Vault, Service. All other trademarks that appear on the Gods and Kings Productions Website that are not owned by Gods and Kings Productions are the property of their respective owners.

9.4 We may permit you to post or upload content, information or other material to your Account or in connection with the Gods and Kings Productions, The Vault, Service. You may not post or upload anything which is illegal, obscene, threatening, defamatory, which infringes any person's rights (including without limitation intellectual property rights) or is otherwise objectionable to us. By posting any such material, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use, copy, display, sublicense, modify, adapt and communicate that material to the public.

10. Liability

10.1 To the maximum extent permitted by law (but subject to clause 10.2):

(a) he Gods and Kings Productions, The Vault, Service and all Content and Software and any other features or functions associated with the Gods and Kings Productions, The Vault, Service, are provided "as is" and "as available" with all faults and without warranty;

(b) we do not make any promises or assurances to you about the Gods and Kings Productions, The Vault, Service, the Content or the Software, including without limitation that your use of the Gods and Kings Productions, The Vault, Service or the Software will be uninterrupted or error-free;

(c) we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Gods and Kings Productions, The Vault, Service, the Gods and Kings Productions Website and we do not accept any liability in relation to your reliance on such information, advice or other content;

(d) all other terms, conditions, and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Gods and Kings Productions, The Vault, Service or otherwise in connection with this Agreement are expressly excluded;

(e) we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Gods and Kings Productions, The Vault,Service (including the Gods and Kings Productions Website).

10.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. The Gods and Kings Productions, The Vault, Service comes with statutory guarantees under consumer protection laws that cannot be excluded.

10.3 You are responsible for all acts and omissions of any person who uses your Gods and Kings Productions, The Vault, Service.

10.4 You indemnify us and our shareholders, directors, officers, employees, suppliers, content partners and licensors (each an "indemnified party") from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with:

(a) our supply, suspension, restriction or cancellation of the Gods and Kings Productions, The Vault, Service or your Account; or

(b) your use of the Gods and Kings Productions, The Vault, Service, including in connection with any content, information or other material posted on the Gods and Kings Productions Website from your Account, or any other information you provide to us,

unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party's willful default negligence or breach of this Agreement.

 

11. Privacy

11.1 We collect, store, use and disclose personal information in accordance with our Privacy Policy. By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.

 

12. General

12.1 We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement.

12.2 You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.

12.3 This Agreement is governed by the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

Last Updated 2 March 2019

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