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Terms and Conditions

Last update: 8th March, 2024

Terms and Conditions for “Washed Away” Documentary Streaming.

These terms and conditions apply to your use of Free Flow Films Pty Ltd ACN 666 845 272 (“Free Flow Films”, “us”, “we”) online streaming service.  Please read them carefully before accessing or using our online streaming service.

1. Acceptance of Terms

By accessing or using our online streaming service, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to all of the terms and conditions, you may not access or use the service. 

2. Content Ownership

All content streamed through our service, including but not limited to documentaries, films, videos, trademarks, logos, and service marks and accompanying materials, are owned or licensed by Free Flow Films unless otherwise indicated. You may not reproduce, distribute, modify, or create derivative works from any content without prior written consent from Free Flow Films or other third party rightsholder.

3. Disclaimer of Warranties

a. Free Flow Films provides the streaming service on an “as is” and “as available” basis. We do not warrant that the service will be uninterrupted, timely, secure, or error-free.

b. Content that is available through our online streaming service is provided for informational and entertainment purposes only. Free Flow Films does not warrant the accuracy, completeness, or reliability of any content streamed through our service. You acknowledge that any reliance on such content is at your own risk.

c. Content streamed through our services may contain opinions, viewpoints, and information that may be controversial, offensive, or inflammatory. The parties creating and distributing such content do not endorse any opinions, viewpoints, or information presented in the content. 

d. Viewers of content streamed through our service are solely responsible for their reactions and opinions, and such content shall not be held accountable for any harm or damage that may result from the viewing or distribution of it.

4. Limitation of Liability

To the maximum extent permitted by law: 

a. Free Flow Films shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the streaming service;

b. in no event shall Free Flow Films’ total aggregate liability to you for all damages you may incur in relation to your use of our online streaming service exceed the amount actually paid by you for accessing the service.

5. Statutory Conditions

Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent.  These terms and conditions and the privacy policy must be read subject to those statutory provisions.  If those statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim to, at our option:

a. in relation to services:

(i) the supply of the services again;

(ii) the payment of the cost of having the services supplied again; and

b.  in relation to goods:

(i) the replacement of the goods or the supply or equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iii) (iv) the payment of having the goods repaired.

6. Indemnification

You agree to indemnify, defend, and hold harmless Free Flow Films and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your use of our streaming service.

7. Changes to Terms

Free Flow Films reserves the right to modify or replace these terms and conditions at any time by written notice to you. Your continued use of the streaming service after your receipt of any such notice constitutes acceptance of the new terms and conditions.

8. Privacy Policy

a. Free Flow Films respects your privacy and is committed to protecting your personal information. Our Privacy Policy (as set out in this clause 8) outlines how we collect, use, and disclose information when you access or use our streaming service. By accessing or using the service, you acknowledge that you have read and agree to the terms of our Privacy Policy.

b. We may collect personal information from you when you register for an account, make a purchase, or otherwise interact with our streaming service. This information may include your name, email address, billing information, and other details necessary to provide you with access to the service.

c. We may also collect non-personal information such as your IP address, device information, and browsing history to analyse trends, administer the service, and improve our offerings.

d. Free Flow Films will not sell, rent, or lease your personal information to third parties without your consent, except as required by law or as necessary to provide the streaming service.

e. By using our streaming service, you consent to the collection, processing, and storage of your personal information in accordance with our Privacy Policy.

f. If you have any questions or concerns about our Privacy Policy or the handling of your personal information, please contact us at [email protected]

9. User Conduct

a. You agree to use the streaming service in compliance with all applicable laws, regulations, and third-party agreements.

b. You must not engage in any conduct that may disrupt or interfere with the functioning of the streaming service or infringe upon the rights of others.

c. Free Flow Films reserves the right to suspend or terminate access to the streaming service for users who violate these terms and conditions or engage in prohibited conduct.

10. Termination of Service

Free Flow Films reserves the right to suspend or terminate the streaming service or any part thereof at any time without prior notice. In the event of termination, to the maximum extent permitted by law, Free Flow Films shall not be liable to you or third parties for any damages or losses incurred.

11. Dispute Resolution

a. Any disputes arising out of or relating to these terms and conditions, or the use of the streaming service shall be resolved through binding arbitration administered by a mutually agreed-upon arbitration service.

b. The arbitration shall be conducted in accordance with the rules and procedures of the chosen arbitration service, and the decision of the arbitrator(s) shall be final and binding on all parties.

12. Entire Agreement

These terms and conditions, together with any additional policies or agreements referenced herein, constitute the entire agreement between the parties regarding the use of the streaming service and supersede all prior agreements and understandings, whether written or oral.

13. Waiver

The failure of Free Flow Films to enforce any provision of these terms and conditions shall not constitute a waiver of such provision or any other provision herein.

14. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia and you consent to the jurisdiction of the courts of that State. without regard to its conflicts of law provisions.