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Terms of Use

Your use of this application represents acceptance of these terms of use. If you do not accept these terms of use, you must stop using the application.

Effective 31 October 2015

1. Using YouTube on T-Box

  1. To take up YouTube on T-Box, you must have a working and registered T-Box connected to your home network.
  2. YouTube on T-Box is available on all compatible devices with compatible browsers.
  3. The person seeking access to YouTube on T-Box is responsible for any costs associated with accessing YouTube on T-Box, and the streaming of any content in accordance with the requirements of the applicable service provider.
  4. In using YouTube on T-Box, you are subject to all data usage pricing, policies and terms and conditions of your respective internet provider or mobile provider.
  5. You must only use YouTube on T-Box for personal and non-commercial purposes, at home. You must not allow your YouTube on T-Box service to be viewed in commercial premises or public areas.
  6. To enjoy the features of YouTube on T-Box, you must be connected to a working and registered T-Box using your home network.
  7. The YouTube on T-Box service does not include all content on YouTube.
  8. The YouTube on T-Box application excludes download and streaming of private, rental and age-limited YouTube content.
  9. Your experience will depend on the actual speed of your BigPond broadband service which is dependent on number of factors including your broadband plan, modem or gateway, location, network congestion, number of devices connected to your broadband service, the bandwidth used by these devices, obstacles between devices, and other factors outside our reasonable control.
  10. YouTube on T-Box is only available for use in Australia.
  11. You must follow our reasonable directions about how to use YouTube on T-Box. You must not, and must not allow anyone else to, use YouTube on T-Box for any improper or unlawful purpose.
  12. You must not copy, record, reproduce, republish, post, broadcast, transmit or make any YouTube on T-Box content available to another person or assist or authorise anyone else to do so, unless we provide our prior written consent.
  13. We may upgrade YouTube on T-Box at any time and will take reasonable steps to maintain compatibility with changes introduced by YouTube that may adversely impact on your enjoyment of the service. You will be advised if the YouTube on T-Box service is unable to be further adapted to changes imposed by YouTube.
  14. We recommend you only use a secure network in relation to the connection of your T-Box and YouTube on T-Box services.
  15. We recommend that you use a Telstra Supported Router.

2. Intellectual Property Rights

  1. The intellectual property rights in all material, content or software relating to YouTube on T-Box and the service provided pursuant to YouTube on T-Box remains ours, or where applicable our licensors or content suppliers. We grant you a limited licence to use such rights for your personal use of YouTube on T-Box in accordance with these Terms of Use.
  2. You must not, and must not authorise or assist any third party to:
    1. copy, reproduce, record, transfer, transmit, publish, rent, frame, reverse engineer, decompile, decrypt, disassemble, alter or commercially exploit YouTube on T-Box or any material or content you obtain through YouTube on T-Box or the service provided pursuant to YouTube on T-Box;
    2. sell or make any charge for viewing or otherwise using any part of YouTube on T-Box service; or
    3. display any part of YouTube on T-Box service in public, irrespective of whether a charge is made.
  3. We may use technical measures to control or prevent the copying of any part of YouTube on T-Box or content delivered via YouTube on T-Box service.

3. Privacy

  1. Our Privacy Statement (http://media.xlpt.com.au/privacy) sets out how your personal information is collected, used and disclosed, including for the purpose of providing YouTube on T-Box service to you. Please ensure that you read these terms carefully.

4. Changes to YouTube on T-Box

We may change the features, content, presentation or facilities available from YouTube on T-Box, at any time in our discretion. This includes adding, removing or changing any features, program or functionality of the service, including content. If we do so, we will give you prior notice of a change unless:

  1. we need to immediately make the change in order to act legally or for urgent operational or technical reasons; or
  2. we reasonably consider that the change is not likely to have more than a minor detrimental impact on you.

Your first use of YouTube on T-Box after we have notified you of a change will constitute your acceptance of that change.

5. Liability

  1. You are liable to us for breach of contract or negligence under the principles applied by courts. However, you are not liable to us for any loss to the extent it is caused by us.
  2. We will provide YouTube on T-Box service to you in accordance with these Terms of Use. However, given the nature of telecommunications systems, we cannot promise that YouTube on T-Box service will be continuous or fault-free.
  3. Concerning our liability to you, except as set out in the paragraphs below or otherwise in these Terms of Use, to the extent permitted by law:
    1. we accept our liability to you for breach of contract or negligence under the principles applied by the courts;
    2. we will accept liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so;
    3. we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
    4. we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
    5. we are not liable for any loss caused by us failing to comply with our obligations in relation to your service where that is caused by events outside our reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike or an act of God).
  4. These provisions relating to liability will continue unaffected by cancellation of your service.

6. General

  1. We may immediately suspend or cancel your use of YouTube on T-Box or service provided pursuant to YouTube on T-Box, without notice.
  2. We will use reasonable care and skill in providing YouTube on T-Box to you.
  3. The YouTube on T-Box service may contain links to third party websites not operated or owned by us. We are not liable for the availability of such sites or their content.
  4. These Terms of Use are governed by the law in force in the Australian Capital Territory, Australia
  5. You irrevocably submit to the non-exclusive jurisdiction of courts exercising jurisdiction in the Australian Capital Territory, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms of Use.
  6. If any part of these Terms of Use is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.

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