Terms of Service
Last Updated: 7th September 2021
By using our website or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
By using our website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link.
Product and Service Purchases
If you wish to purchase any product or service made available through our website, you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that:
- You have the legal right to use any card(s) or another payment method (s) in connection with any Purchase
- The information you supply to us is true, correct and complete
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:
- product or service availability
- errors in the description or price of the product or service
- error in your order or other reasons
- if fraud or an unauthorised or illegal transaction is suspected
Product and Service Price Changes
Rivmedia, in its sole discretion and at any time, may modify Product and Service prices.
Some products and services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Rivmedia cancels it. You may cancel your Subscription renewal either through your online account page or by contacting us. A valid payment method is required to process the payment for your subscription. You shall provide Rivmedia with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise Rivmedia to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Rivmedia reserves the right to terminate your access to the Service with immediate effect.
Subscription Free Trial
Rivmedia may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). You may be required to enter your billing information to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged by Rivmedia until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Rivmedia reserves the right to:
- Modify Terms of Service of Free Trial offer
- Cancel such Free Trial offer
Subscription Price Changes
Rivmedia, in its sole discretion and at any time, may modify Subscription prices for the Subscriptions. Any Subscription price change will become effective at the end of the then-current Billing Cycle. Rivmedia will provide you with reasonable prior notice of any change in Subscription price to allow you to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription price change comes into effect constitutes your agreement to pay the modified Subscription prices amount.
Unless otherwise stipulated within specific products and services, Rivmedia does not offer refunds once a product or service has been purchased. If you are dissatisfied for any reason, we encourage you to contact us and we will do our best to resolve the problem. However, you are not entitled to nor should you expect a refund for any reason. However, if (for whatever reason) Rivmedia is unable to supply the purchased product or service purchased, you will be entitled to a full refund. Upon determining that you are entitled to a refund, we will promptly instruct our payment processor to issue it. We do not control the payment processor and will not be able to expedite any refunds. They are generally processed within 2-5 business days. If you receive a refund, that shall immediately terminate all licenses, materials and/or resources granted to you. You shall immediately cease using the material and destroy all copies of the information and materials provided.
You may use our website only for lawful purposes and following the Terms. You agree not to use our website:
- In any way that violates any applicable national or international law or regulation.
- For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website, or which, as determined by us, may harm, or offend our Company or users of our website or expose them to liability.
Additionally, you agree not to:
- Use our website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party’s use of our website, including their ability to engage in real-time activities through our website.
- Use any robot, spider, or another automatic device, process, or means to access our website for any purpose, including monitoring or copying any of the material on our website.
- Use any manual process to monitor or copy any of the material on our website or for any other unauthorised purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of our website, the server on which it is stored, or any server, computer, or database connected to our website.
- Attack our website via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Rivmedia’s rating.
- Otherwise attempt to interfere with the proper working of our website.
Contests, Sweepstakes and Promotions
We may use third-party Service Providers to monitor and analyse the use of our website.
No Use by Minors
Our website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our website, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all the terms of service. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of our website.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our website. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders at our sole discretion.
Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Rivmedia and its licensors. Our website is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Rivmedia.
Links to Other Web Sites
Our website may contain links to third-party websites or services that are not owned or controlled by Rivmedia. Rivmedia has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree the Rivmedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance of any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
Disclaimer of Warranty
This website is provided by Rivmedia on an “as is” and “as available basis. Rivmedia makes no representations or warranties of any kind, express or implied, as to the operation of the website, or the information, content or materials included therein. You expressly agree that your use of this website, its content and any products, services or resources obtained from us is at your sole risk. Neither Rivmedia nor any person associated with Rivmedia makes any warranty or representation concerning the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Rivmedia nor anyone associated with Rivmedia represents or warrants that the website, its content and any products, services or resources obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the website or server that makes it available are free of viruses or other harmful components or that the website; its content and any products, services or resources obtained through the website will otherwise meet your needs or expectations. Rivmedia hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under appliable law.
Limitation of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage however it arises (including solicitor fees and all related costs and expenses of litigation and arbitration) whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of and federal, state or local laws, statutes, rules, or regulations. Except as prohibited by law, if there is liability found on the part of Rivmedia, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
We may terminate or suspend your account and bar access to our website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using our website. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of NSW, Australia, which governing law applies to the agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding our website.
Changes to our Website
We reserve the right to withdraw or amend our website, and any service or material we provide via our website, at our sole discretion without notice. We will not be liable if for any reason all or any part of our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or the entire website to users, including registered users.
Amendments to these Terms of Service
We may amend our Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use our website.
Waiver and Severability
No waiver by Rivmedia of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rivmedia to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.