Terms of Use

These Terms of Use apply to the use of this website and our Services. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this website and our Services, you agree to be bound by these Terms of Use (“Terms”).

DEFINITIONS

“Content” means anything the User submits including all material, links, words, images they may record, post and upload to send to your account via the website.

“Posts” means any recommendations, comments, information, images, videos, photographs , messages, notes, texts, recordings or any other material that you place or upload on this website.

“Services” means the website service for the collection of YouTube videos which are uploaded to a private account for viewing by nominated persons.

“We”, “our” and “us” means Donvek including all directors, employees, agents, contractors and affiliates.

“User” “You” means you, the individual creating a profile account and using our Services and by doing so, agreeing to these Terms.


THE SERVICE

In order to use our website and Services, you must first register for and set up an account on our website. You must first fill in your registration details that are required in the online form to gain access.

Our Service is free however, we have to ask that you understand and agree to some legal items as part of using our Services:

GENERAL AGREEMENT FOR ALL USERS

You warrant that:

  • You are 18 years of age or older and able to form a legal binding contract;
  • You will keep your personal information in your account updated and current; and
  • You will safeguard access to your account on this website, ensuring that you do not disclose your password or login details to any third party, and will be responsible for the use of your account by anyone other than you.

By using our Services you acknowledge and agree:

  • We do not own the Content. You are the sole owners of the Content at all times and in all formats. You are fully responsible for the Content, dissemination and distribution and anything related to the Content at all times and any claims relating to this;
  • You agree we are in no way responsible for the Content, including but not limited to anything contained that may be considered offensive, illegal or otherwise inappropriate arising in or as part of the Content;
  • You agree that the opinions, advice and all other information expressed by participants in discussions or Posts are those of the author and not donvek.com and anyone associated with our website. You rely on any such information at your own risk and need to make your own enquiries before taking any action related to any content or Post;
  • We are a facilitator only for the purposes of providing the Services and are not in any other way responsible for any Content, use of Content;
  • We may, but are not obligated to, monitor and/or remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms;
  • We are not responsible for any lost, missing, damaged, offensive, or unauthorized Content;
  • We cannot control the quality, including light, sound, image quality and other software issues that may affect the Content. The quality of the final Content is solely dependent on the recording, noise levels, clarity of the User voice and level, and other environmental factors;
  • We cannot and do not, control the Content or information you share with others for which you are fully and solely responsible;
  • We cannot and do not, control the information you link to our service from YouTube. We are not responsible for any action taken by YouTube in respect of any video that you link to our service including but not limited to the removal of part or all of the video or link;
  • You warrant you will at all times abide by Youtube terms and conditions and rules when using our Services;
  • You agree not to use the service in such a way as to overburden, damage or disable the service or to prevent or interfere with any other user accessing the service;
  • You agree that the service is made available to you for non-commercial purposes only and that you will not use the service for any commercial purpose; and
  • You agree not to use the Content for anything illegal, abusive, offensive or otherwise inappropriate. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

By submitting any Content to the website, you represent that:

  • You have the ownership rights and title to the Content; and/or
  • You have the right to upload and publish it;
  • You have the right to grant any rights of reuse of the Content to third parties including us;
  • You are not breaching any regulations, restrictions or third party rights by making the Content available on the website under these Terms of Use.

You acknowledge and agree that for any Content that you submit, you grant the non-exclusive, perpetual, royalty-free right to us to:

  • Make available and to reproduce in part or in full, to modify, adapt, communicate, translate and distribute the Content in any form of media or technology, for any purpose; and
  • Grant sub-licences to third parties with respect to your Content on terms that do not exceed the types of copyright uses you have granted to us.

By using our website and/or contributing to or participating in any comments or forums, you agree to the following terms:

  • Any recommendations, comments, information, images, videos or posts (together “Posts”) you make to our website will abide by our terms and will be made in the spirit, culture and ethos of the website.
  • You will not harass or stalk any user, impersonate any other person or collect information about other users.
  • You agree you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, or other third party. We can at any time, in our sole discretion, remove any Post and block your access to our website without notice.
  • Posts are not permitted that:

    • encourage illegal intent
    • exploit minors
    • show or contain cruelty to animals
    • show or contain extreme violence
    • show or contain illegal activities
    • contain ads, links or other forms of advertising
    • solicit or promote business
    • are abusive or malicious against any other participant, our staff or any third party


GENERAL

USE OF THIRD PARTIES TO DELIVER SERVICES: You agree and acknowledge that our website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the website.

We supply links to third parties and advertisers on our web site. We do not endorse their products or services nor do we provide guarantees or provide warranties as to the quality of the goods or services offered by third parties. You agree that you are responsible for all interaction between you and any third party. You use any such link entirely at your own risk and agree to indemnify us against any claims whatsoever that may arise out of your use or purchase of goods or services offered by third parties on our site.

We also use affiliated service providers to assist us to provide you with the Services. These parties are all under the same or similar privacy restrictions as our requirements under the Australian Privacy Principles. Please ask us about our Privacy Policy at any time.

Some of our services maybe dependent upon third party operated platforms and services and may require you to be a registered user of those services and platforms and or to provide your account details to be able to use this service.

RESTRICTED USE: Unless otherwise specified, the website and associated services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website which are not your own intellectual property.

You also agree you will not transmit any viruses, malware, worms, spyware, Trojan Horses, corrupt files etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.

MODIFICATION AND RETENTION OF CONTENT

We reserve the right at any time and from time to time to modify the site with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the site.

We cannot be responsible for any lost or destroyed Content after this time.

LIABILITY

You are fully responsible and indemnify us against any and all claims by anyone including but not limited to Users, third parties, or advertisers that may make a claim resulting directly or indirectly from the Content, your dissemination, distribution or any other issues that may arise.

Our liability is governed by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute apart from your rights that cannot be excluded, restricted or modified.

Your use of the website and our Services is done at your sole risk. The website and Services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.

In addition, you agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the website, Content or our Services. You are solely responsible for anything that results from, directly or indirectly, your use of our Services, including any claims from any party.

By using this website and our Services, you agree that we are not liable for any (i) inaccuracy, error or failure of the software; (2) any loss or damage, including any consequential, indirect, incidental, special or direct loss or damage) arising from any download or your or any User use of this website including any virus or other damage to your systems.

In addition, you agree to fully indemnify us for any third party claims which may result from your use, misuse or Content you post, link to, disseminate or distribute. We are not responsible for your Content nor for your breach of any third party rights. You agree you will fully indemnify us and you agree to take over and manage any claim which may result from your use or non-use of the Content, action or inaction or in any other related manner.

We will also take action, where required, against any person that does not abide by these terms in relation to Posts and Content and where any action is taken against us by any person, visitor or any or third party as a result of your Post or Content.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

SUSPENSION AND TERMINATION

WE MAY TERMINATE YOUR USE OF OUR WEBSITE AT ANY TIME: We have the right to terminate your use of the website for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms of Use or breach of intellectual property rights. Any suspected fraudulent, defamatory, abusive or illegal activity may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide our website is untrue, defamatory, inaccurate or incomplete, or that you have breached any Terms of Use, if your content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your Content and any links and terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to allow you access at anytime in the future in the event of any breach.

We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with your account or use of the website.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related Content, information and files. We are not obligated to return any Content, information or files to you.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.

You are solely responsible for obtaining permission before reusing any copyrighted material that is available on or through this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
We reserve the right to remove any content or post that we believe or that is alleged to be an infringement of another persons intellectual property rights.

MISCELLANEOUS

These terms of service and all indemnity contained in the terms shall survive these terms of service and your use of the service.

These terms of service cannot be assigned by you to any other party, but the company may assign the terms in its absolute discretion

GOVERNING LAW

These Terms are governed by the laws of [insert State or Territory] which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of [insert State or Territory] for determining any dispute concerning these Terms.