ENHANCETV DIRECT TERMS OF ACCESS AND APPLICATION USE
ENHANCE TV PTY LIMITED of Level 3, 156 Military Road, Neutral Bay NSW 2089 (ABN 72 119 702 251) (“EnhanceTV”) Please note: from 8 April 2013 our new address is Level 1, 140 Myrtle Street, Chippendale 2008.
By using EnhanceTV Direct, the Institution and its Users agree to these terms of access and application use (“Terms”).
In these Terms:
“Act” means the Copyright Act 1968 ( Cth) as amended from time to time
“Broadcast” has the meaning ascribed to it in the Act
EnhanceTV Direct means the web based streaming application created by Enhance TV providing access to the archive of broadcast educational video content supplied to users under Part VA of the Copyright Act 1968, and includes Third Party Content.
Institution means an Institution as that term is defined in Part VA of the Act that has a current remuneration notice in place under Part VA of the Act and is licensed to copy and communicate television Broadcasts for its educational purposes subject to payment of equitable remuneration pursuant to its agreement with Audio-Visual Copyright Society Limited (trading as Screenrights) ABN 76 003 912 310 (“Screenrights licence”) and is authorised to access the EnhanceTV Direct service.
Material means the audio visual content supplied by means of EnhanceTV Direct.
Term means the term of the Institution’s access to the EnhanceTV Direct service, whether on a 3 month trial basis or an annual subscription, as selected by the Institution.
Third Party Content means material uploaded by users of EnhanceTV Direct, that is available as part of this application, such as lesson notes and work sheets created by Users, and study guides.
User means an administrator, teacher or staff member of the Institution who is authorised by the Institution to access and use EnhanceTV Direct and includes the Institution in its own right as applicable.
TERMS OF ACCESS
Access to EnhanceTV Direct is subject to the following terms and conditions.
To be eligible to access EnhanceTV Direct the User must be a person authorised by an Institution approved by EnhanceTV to access EnhanceTV Direct in accordance with these Terms.
Access to EnhanceTV Direct is provided on the condition that:
(a) it is used by the User only
(i) for the educational purposes of the Institution, its staff and students; or
(ii) in the provision by the Institution of assistance to persons with an intellectual disability; and
(b) none of the Material, Third Party Content or any other content comprising EnhanceTV Direct will be sold or otherwise supplied for a financial or other commercial profit or gain or posted on any other site without the consent of the copyright owner.
In addition, EnhanceTV Direct may only be used in accordance with the terms of the relevant Institution’s Screenrights licence. For further details regarding a Screenrights licence, please contact firstname.lastname@example.org or telephone 02 9904 0133.
The User acknowledges that copies of Broadcasts are made on behalf of the Institution and are communicated on behalf of the Institution by EnhanceTV.
1.3 Third Parties
User logins are provided to authorised Users and students of the Institution only and may not be shared with any third parties.
Each User warrants as follows:
(a) that it uses EnhanceTV Direct in the capacity of an administrator, teacher or staff member of an Institution;
(b) that it will not share its log-in details with any third parties; and
(c) that it will not provide access to students to Material which is classified by the Australian Classification Board as being unsuitable for those students.
In no event will EnhanceTV be liable for any cause, including negligence, in connection with the User’s access or use of EnhanceTV Direct, including in connection with access to or use or storage of to the Material, Third Party Content or any other content comprising EnhanceTV Direct.
In no event will EnhanceTV be liable (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, incidental or indirect) that may arise under these Terms.
2. TERMS OF APPLICATION USE
Each User warrants that it will not upload any Third Party Content that:
(a) is or may be an infringement of another person’s intellectual property rights;
(b) promotes or advertises goods or services, a business or a political agenda;
(c) includes obscene, indecent, threatening or offensive language;
(d) is or may be defamatory, obscene, discriminatory, misleading or deceptive or otherwise unlawful;
(e) invades the privacy of another person or is personal information belonging to another person;
(f) bullies, intimidates or harasses another person; or
(g) propagates computer worms, viruses or other types of malicious programs.
Each User acknowledges that Third Party Content is not moderated by EnhanceTV and that EnhanceTV accepts no responsibility for the conduct of any User of EnhanceTV Direct. Users may report any concerns regarding misuse of the EnhanceTV Direct, including a breach of these Terms by the contact link on the website.
The Material, Third Party Content or any other content comprising EnhanceTV Direct may contain material which is inaccurate or otherwise incorrect. EnhanceTV does not make any representations or warranties regarding its accuracy, satisfactory quality, fitness for any particular purpose or non infringement of third parties’ rights.
EnhanceTV is not liable for any damages, losses, costs or expenses resulting from any use or misuse of the information contained within the Material, Third Party Content or any other content comprising EnhanceTV Direct.
2.2 Intellectual property
EnhanceTV owns or has licensed all copyright and other intellectual property in EnhanceTV Direct and the Material. A User may, as permitted by EnhanceTV Direct, make a copy of all or part of the Third Party Content contained within EnhanceTV Direct for the sole purpose of viewing it and print a copy for use in the User’s capacity as an administrator, teacher, staff member or student within the Institution.
A User must not otherwise reproduce, adapt, store, transmit, print, display, publish or create derivative works from any part of the content or design of EnhanceTV Direct the Material and Third Party Content except with EnhanceTV’s prior written consent or as permitted by the Act, specifically including Part VA of the Act.
2.3 Reasonable use
Where EnhanceTV considers that a User's use of EnhanceTV Direct is unreasonable, then EnhanceTV may suspend or terminate the User's access to the EnhanceTV Direct immediately and without notice to the User.
Without limiting the meaning of 'unreasonable', EnhanceTV may consider use of EnhanceTV Direct to be unreasonable if a User uses EnhanceTV Direct for any purpose other than those outlined in 1.2(a)(i) and (ii) above.
The Material, Third Party Content or any other content comprising EnhanceTV Direct may contain links to third party websites. EnhanceTV is not responsible for the condition or content of those websites. The links are provided solely for convenience and do not indicate, expressly or impliedly, any endorsement of the websites or the products or services provided in them. To the extent that the User links with other sites, including social networking sites, in connection with the User’s use of EnhanceTV Direct, the User’s use is also governed by the terms of service of those sites and it is a term of these Terms that the User comply with these.
2.5. Collection and use of information
Personal Information will be collected, used, disclosed and stored in accordance with the EnhanceTV Direct Privacy Statement which can be viewed at http://direct.enhancetv.com.au/info.php?mode=privacy
EnhanceTV makes no warranty in respect of the security measures on EnhanceTV Direct and is not responsible for any misuse, loss or unauthorised access, modification or disclosure of information provided to EnhanceTV.
3. TERMS OF INSTITUTION’S USE
The Institution authorises EnhanceTV to copy Broadcasts and to communicate such Broadcasts on the Institution’s behalf for its educational purposes under the terms of Part VA of the Act.
When issuing log-ins to authorised Users of EnhanceTV Direct the Institution must ensure that appropriate security measures are implemented to protect and secure those log-ins.
Where Users will be granting access to EnhanceTV Direct to students who are minors, to the extent necessary the Institution will ensure that parental consent has been obtained for the use of EnhanceTV Direct by those students and will actively monitor the use of EnhanceTV Direct by all students who are minors.
The Institution must classify students’ levels of access to Material according to the program’s classification as appropriate.
3.4 Third Party Content
The Institution warrants that all Third Party Content uploaded to EnhanceTV Direct by the Institution’s Users will not infringe another person’s intellectual property rights and that the Institution and its Users have full permission to upload such Third Party Content and to copy and communicate such Third Party Content.
The Institution warrants that any Third Party Content uploaded to EnhanceTV Direct by the Institution’s Users will be copied and communicated within the Institution only.
3.4 Misuse and breach
The Institution must immediately report to EnhanceTV any instances of misuse or breach of these Terms by Users or students who are given access to EnhanceTV Direct of which it becomes aware. A failure to do so may amount to a breach of these Terms.
The Term of this agreement commences upon EnhanceTV’s receipt of the relevant subscription fee from the Institution.
(a) terminate any User’s right to use and access EnhanceTV Direct; or
(b) delete any Third Party Content posted by any User;
without notice to the User for breach of these Terms or for any other conduct which it considers to be inappropriate.
The agreement between EnhanceTV and Users of EnhanceTV Direct is governed by and must be construed in accordance with the laws of New South Wales, Australia. Each User unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
EnhanceTV may amend these terms by substituting amended terms on this site. Continued use of EnhanceTV Direct following those amendments constitutes acceptance of those amendments.