Terms & Conditions Policy

Last updated: April 23, 2022

Introduction

Thank you for visiting FairBreakX.com. FairBreak provides this Site as a service to you, our customers. Please read this Terms & Conditions Policy (Terms), which govern your use of, and provide the basis for your consent to the receipt of, goods and services selected by you through the use of our Sites and our Service. If you do not agree to these Terms, please do not use this Site.

Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms, your use of this Site still binds you to the Terms.

If you would like to be a content provider to FairBreakX.com, please contact us at data@fairbreak.net.

Definitions

Throughout these Terms, we may use certain words or phrases and it is important that you understand the meaning of each. The following list is not all-inclusive and no definition should be considered binding to the point that it renders these Terms nonsensical:

“Service” refers to the more detailed Description of Service appearing below that we provide including through our Sites themselves including the offer for sale of any products or services at our Sites.

“Sites” refers to our website https://fairbreakx.com and our website https://fairbreak.net and any related FairBreak-labelled website or social media or information sharing platform implemented from time-to-time for the purposes of those websites including but not limited to FairBreak’s use of Facebook, YouTube, Instagram, LinkedIn, Uscreen, Dacast and so on.

“FairBreak” refers to our company, known as “FairBreak Global Pty Ltd”, an Australian company; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used, including in these Terms any use of the words “us” and “we” and “our”. For more information on FairBreak, please visit: https://fairbreak.net

“User” or “Users” refers to anyone who uses our Service, including general visitors to our Sites.

“User Generated Content” refers to content that you create or supply for uploading to the Sites when authorized by FairBreak to do so.

“You” or “Your” refers to you, the person who is consenting to these Terms.

Description of Service

The Service is offered for access to on-demand or live video or audio streaming and related and supporting materials over the internet provided or curated by FairBreak, including where sourced from content providers, and is only a conduit for such streaming and related materials.

Acceptance of Terms

Your use of the Service and our Sites constitutes your consent to and acceptance of these Terms. FairBreak shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of such changes. You agree to review these Terms from time to time and agree that any use by you of the Sites or Services following changes to these Terms shall constitute your acceptance of all such changes.

Access and Use of the Service

Users accessing the Service must be at least thirteen (13) years of age. Users registering for the Service and uploading User Generated Content when authorized must be at least sixteen (16) years of age. FairBreak makes no claims that the Service may be lawfully accessed in any specific location. Access to the Service may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access the Service you are solely responsible for compliance with the laws and regulations of your jurisdiction including being of the minimum age specified by your jurisdiction. If you are not of the minimum age specified by your jurisdiction do not use the Service.

Your Conduct

The Service may be used only for lawful purposes relating to electronic streaming of video or audio and supporting content supplied by FairBreak or its content providers and related materials. FairBreak specifically prohibits any use of the Service, and all Users agree not to use the Service, for any purposes other than designated by FairBreak.

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for you or logging into a Service server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of the Service system or network or to breach security or authentication measures of the Service without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to this Service, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts from the Service.

Violations of Service system or network security or inappropriate conduct may result in civil or criminal liability. FairBreak will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in any jurisdiction in prosecuting Users who are involved in such violations.

User Information

You are solely responsible for the information you input or upload to the Service and warrant and represent that you have the right and authorization to register for the Service and where permitted by your registration classification to post User Generated Content including where User Generated Content incorporates the content and / or intellectual property rights of any third party. FairBreak reserves the right in its sole discretion but is not obliged to decide whether the information you input or upload is appropriate and complies with these Terms, other FairBreak policies, and applicable laws and regulations in any jurisdiction.

If you register for the Service, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date.

You acknowledge that any such information will be treated and managed in accordance with our Privacy Policy.

You specifically acknowledge and consent that in using the Service, FairBreak reserves the right to offer other FairBreak or third party services and products to you based on the preferences, if any, that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

Username/Password/Security

You are responsible for maintaining the confidentiality of your information as it relates to the Service, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. We reserve the right to close an account if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of the Service or our Sites in any way.

You agree to immediately notify FairBreak of any unauthorized use of your username and password by contacting FairBreak at data@fairbreak.net.

Use of Service

The Service is offered only for access to on-demand or live video or audio streaming and related materials over the internet and is only a conduit for such streaming and related materials.

Each User is solely responsible for deciding whether the Service offered is suitable for your own purposes and whether the Service matches your needs.

FairBreak grants you a limited, revocable, non-exclusive licensed right to access and use the Service for your own personal and non-commercial purposes in accordance with these Terms. This includes rights to view content on the Sites and related applications when offered including via mobile devices. If you elect to access any component of the Service for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each User agrees to maintain valid credit card information as part of your account information when applicable. You acknowledge that fees for the Service will be deducted in advance of your ability to use the Service and not in arrears.

Access to Services – Subscriptions & Purchases

The Service may allow you to access content on a pay per view basis, subscription basis, bundled with other offers basis, rent, or purchase or gift card. The basis on which content is available on the Service will be indicated on the product detail page for which you may acquire rights to use the content. Subject to your payment of any applicable fees, purchases, subscriptions, bundles, rent or pay per view or use of a gift card, FairBreak grants you a revocable, non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the on-demand or live video stream content based upon the applicable fees, purchases, subscriptions, bundles, rent or pay per view selected by you or acquired by you as a gift card. You specifically acknowledge that acquiring a right to view the content provided by FairBreak through the Service does not mean that you ever own any rights in relation to such content and your right is only ever a revocable right to use such content in a limited way determined by the access arrangement that you have acquired.

FairBreak makes no guarantees as to the resolution and quality of the content you access when the content is streaming either on-demand or live. The quality and speed of your stream of content has many different variables not controllable by FairBreak, including your connection speed, location, download speeds, devices, player and bandwidth.

Payments & Billing

The content available under specific payment plans, including pay per view, subscription, bundles, membership, rent or gift card may change from time to time at the sole discretion of FairBreak. FairBreak makes no guarantee as to the availability of a specific payment plan and may vary the price of any payment plan at any time. Prices are inclusive of goods and services tax or similar tax where that applies in relevant jurisdictions.

By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the payment method you designate when acquiring the payment plan and which includes the authority to auto-renew your payment plan at the relevant interval in accordance with the specific product details unless you cancel your payment plan beforehand. You can change this information at any time by logging into the Service and clicking the settings tab under your Username. BY INITIATING A PURCHASE TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of purchase transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any such transaction. Your initiation of a purchase transaction represents an offer to us to make a purchase, which offer is accepted by us only when your payment method has been debited in full settlement of the transaction. We may reject or cancel any purchase transaction for any reason prior to or after our acceptance of such transaction.

Except to the extent applicable law provides otherwise, all purchases through the Service are final, and all charges from those sales are non-refundable, except as otherwise may be expressly set forth in these Terms. We or our third-party designees may automatically process charges against your selected payment method on the receipt page. We or our third-party designees will inform you if all or any portion of your purchase transaction is cancelled or if additional or different information is required to accept your purchase transaction.

Receipts evidencing payment plan acquisition are sent, once the charge is successful, to the registered email account. Your payment plan acquisition will continue in effect unless and until you cancel your plan or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing. In the event you cancel your payment plan prior to its expiry you acknowledge that a refund of the unexpired portion of your payment plan will not be made by FairBreak and that FairBreak has no obligation or liability to make such refund.

Promotions and Special Offers

We may from time to time offer promotions, special offers and competitions (and associated promotional codes) which may apply in respect of any, or certain specified, purchases made through the Service.

The specific conditions of use relating to any promotion, special offer, competition or associated promotional code may be specified at the time of issue; however, the following general conditions will always apply to all Service promotions, competitions, special offers and related promotional codes (unless otherwise stated in the conditions of a specific promotion):

• Where a competition opportunity is offered it will be conducted in accordance with relevant legislation and guidelines;

• Where a promotion or special offer is presented to Users in any fashion, such promotion or special offer and associated promotional code may not be compounded and used in conjunction with any other promotion or special offer;

• Promotional codes cannot be redeemed for cash or against any other aspect of the Service;

• An individual promotional code can only be used once per purchase transaction;

• A promotional code cannot be used after a purchase transaction has been placed;

• A promotion, special offer or promotional code may be valid for a limited time as indicated with no obligation on FairBreak to extend such time;

• A promotion, special offer or promotional code will be based on fees and prices as indicated with no obligation on FairBreak to apply such fees and prices to any other aspect of the Service, and may be for uptake of quantities of the Service with no obligation on FairBreak to extend such quantity once the target quantity of uptake is achieved.

User Comments and Suggestions

While FairBreak values User feedback, please be specific in your comments and note that we do not require submission of creative ideas, inventions, or suggestions.

If, despite our request, Users send creative ideas, inventions, or suggestions, the rights in all such submissions shall be the property of FairBreak in whole or in part immediately on submission. FairBreak shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to Users or any other third party.

No part of the submissions shall be subject to any obligation of confidence and FairBreak shall not be liable to the User or any other party for any use or disclosure.

Intellectual Property

FairBreak and any other FairBreak trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of FairBreak, and any unauthorized use of such trademarks and trade names is prohibited.

The Service (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources, graphics and content) is the sole and exclusive property of FairBreak or its licensors and is protected by copyright, trademark, and other intellectual property common and statutory laws of Australia, the United States and other countries.

You agree that the Service and its content (which may include music, images, video, audio, graphics, artwork, text and other copyrightable materials) is solely controlled by FairBreak as owner, or as licensee from a content provider, and all such material is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by us, one of our affiliates or content providers or by third parties who have licensed their materials to us. The entire operation and content of the Service and the Sites is protected by copyright laws.

Misuse of the Service is Prohibited

You must not misuse the Service or the Sites. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material to the Service which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Service. Breaching this provision would constitute a criminal offence under the Australian Cybercrime Act 2001. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.

You must not sell or modify the Service content or the Service, or reproduce, display, publicly perform, distribute, post the content on any network, broadcast or re-broadcast the content in any media or otherwise use the Service in any way for any purpose other than as a conduit for your personal access to such content.

Social Networking

Users may have the option to connect to Twitter, Facebook, Instagran, LinkedIn or other social networking services through the Service to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of any of those social networking services.

Use of Software

If the Service requires or includes downloadable software such as an app, or use of software provided by FairBreak for access by content providers to the Service, then FairBreak grants a personal, limited, non-exclusive and nontransferable license to use such software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to on-demand and/or live video or audio streaming and related activities through https://fairbreakx.com and supporting delivery platforms.

Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

This license does not allow Users to use the Software on any device that the User does not own or control, and Users may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of FairBreak or its licensors. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

Users acknowledge and agree that use of the Software may require FairBreak to acquire Users’ mobile phone numbers and perhaps additional such information in order to obtain access to the Software.

Users agree that FairBreak may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. FairBreak may use this information, as long as it is in a form that does not personally identify a User.

FairBreak shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

This license is effective until terminated by the User or FairBreak at its sole discretion. Users’ rights under this license will terminate automatically without notice if the User fails to comply with any terms of this license. Upon termination, the User shall cease all use of the Software and delete all versions of the Software possessed by the User.

The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

Copyright Infringement Notification

If you believe that any copyrighted work is accessible through the Service in a way that constitutes copyright infringement, please notify FairBreak at data@fairbreak.net by providing the following information:

• The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

• A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

• Identification of the URL or other specific location on the services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

• Your name, address, telephone number, and e-mail address;

• A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send FairBreak a counter-notice that includes the following:

• Your name and address, and telephone number;

• The source address of the removed content;

• A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.

Please note that copyright legislation typically prohibits the submission of a false or materially misleading notice or counter-notice of infringement, and any such submission may result in liabilities, including perjury.

Warranty Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FAIRBREAK AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

FAIRBREAK DOES NOT WARRANT THAT THE SERVICE WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR UN-BUFFERED OR WITHOUT LATENCY, OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD AN APPLICATION LICENSED UNDER THESE TERMS OR THE SERVICE PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

FAIRBREAK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR TIMELINESS OF THE SERVICE OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICE.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, FAIRBREAK DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF USER E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON FAIRBREAK’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

FAIRBREAK TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS FAIRBREAK RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND FAIRBREAK’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION SUPPLIED TO THE SERVICE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER FAIRBREAK NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES OR RELATED BODIES CORPORATE OR SHAREHOLDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICE OR FROM ANY ACTIONS FAIRBREAK TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FAIRBREAK’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE OR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED AND WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY THE USER FOR THE SERVICE UNDER ANY PAYMENT PLAN.

FAIRBREAK IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICE. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICE.

Indemnification

USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FAIRBREAK AND ITS SUBSIDIARIES, AFFILIATES, SUBSIDIARIES, RELATED BODIES CORPORATE, SHAREHOLDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR CONTRACTORS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICE; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. FAIRBREAK SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. FAIRBREAK RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

Communications

By using the Service you consent to receive electronic communications from FairBreak. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Service and to your account.

Additional Terms and Conditions

Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between Users and FairBreak.

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of New South Wales, Australia, in connection with any action arising out of or related to these Terms and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum or non-convenience in any such action.

If any court having competent jurisdiction holds any provision of these Terms invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect.

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.

You may not assign these Terms or any of your rights or obligations hereunder.

Except as expressly specified herein, this Agreement shall create rights and obligations only between FairBreak and each individual User and it does not create any rights for any other parties.

Survival

Except for the licenses granted to you (if any) pursuant to these Terms, these Terms shall survive any termination or expiration of your use of the Service.