Welcome to Hyjack.TV Pty Ltd, an audio-based social entertainment platform for sports enthusiasts and commentators operated by Hyjack.TV Pty Ltd (“Hyjack.TV”, the “Company,” “us”, “our”, and “we”). Hyjack.TV Pty Ltd provides a website located at www.Hyjack.TV (the “Site”), mobile applications (“Apps”), and services provided through the Site and Apps (“Services”) to users of the Services (“User/s”).
2.0 Types of Users
“The User,” “the Users,” “you,” and “your” refers to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Site and/or the Services. A User may be a “Hyjacker“, a “Listener”, or both, or neither.
“Hyjacker” or “Hyjackers” refers to a User of the Services who broadcasts real-time audio through our Services.
“Listener” or “Listeners” refers to a User of the Services who listen to the audio broadcast through our Services.
3.0 About Hyjack.TV Pty Ltd
Hyjack.TV is an online platform that allows you to broadcast your live audio commentary to a public audience and to listen to audio broadcasts of other users of the Service.
Hyjack.TV is Not a Party to Contracts. Hyjackers are not the employees or agents of Hyjack.TV. We are not involved in agreements between Users or in the representation of Users. At no point may Hyjack.TV be held liable for the actions or omissions of any Hyjacker performing broadcasting services for Users.
Hyjack.TV does not endorse any of its Users. Providing a service where potential Users can meet does not imply an endorsement of any User. We do not sanction statements a User may post on the system.
4.1 Account Creation.
In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that:
all required registration information you submit is truthful and accurate; and
you will maintain the accuracy of such information.
You may delete your Account at any time, for any reason, by following the instructions on the Mobile Apps. We may suspend or terminate your Account in accordance with the Terms and Termination. Users can act as a Listener or Hyjacker through the same Account, and a User does not need to create a separate account to act as a Hyjacker.
We try to make Hyjack.TV broadly available to everyone, but you cannot create and account with Hyjack.TV if:
You are under 17 years old (or the minimum legal age in your country to use our Products).
You are prohibited from receiving our products, services, or software under applicable laws.
4.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
While using our Services, you can initiate a broadcast as a Hyjacker or participate in a broadcast as a Listener. Listeners can participate in broadcasts by viewing, chatting, gifting, or using other features of the Services that allow for interaction with a broadcast. Certain features are only available to Users with a Hyjack.TV account. Information about such account-only features are available on our website here. By participating in a broadcast, as a Listener or Hyjacker, you agree to be bound by this Agreement.
5.0 Rights and Licenses
5.1 License to Use Site
We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
5.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions:
you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
you will not access the Services in order to build a similar or competitive service; and
except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.
We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms.
5.4 No Support or Maintenance
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
5.5 Ownership of the Services
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site and Mobile App, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
5.6 User Content
“User Content” means any and all information and content that a user submits to or posts on:
the Services; and
on social networking sites where we have a page or presence.
You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
you are solely responsible for your account and the activity that occurs while signed in to or while using your account;
you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
you will abide by our Acceptable Use Policy below; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.
We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Any content submitted by a Listener or Hyjacker will be considered User Content for all purposes of this Agreement. Without limitation, in connection with such User Content, Listeners and Hyjackers will be subject to this Agreement.
You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
6.0 Acceptable Use Policy
Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s mobile device or computer.
If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and nonproprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorney's’ fees, from any claim or demand made by any third party due to or arising out of:
your use of the Services;
your User Content;
your violation of this Agreement; or
your violation of applicable laws or regulations.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9.0 Links to Other Sites and/or Materials
9.1 Third Party Sites, Ads and Ad Networks.
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).
Users may also include links to their website or other Third Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.
If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
9.2 Links to Our Site
You are permitted to link to our Site for noncommercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The Services, including the Site and App, are provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions or merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement.
We make no warranty that the services will:
meet your requirements;
me available on an uninterrupted, timely, secure or error-free basis;
me accurate, reliable, free of viruses or other harmful code, complete, legal, safe; or
me to your satisfaction.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
12.0 Limitation on Liability
In no event will we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this agreement or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages.
Access to, and use of, the services are at your own discretion and risk and you will be solely responsible for any damage to your mobile device, computer system or loss of data resulting therefrom.
In no event will Hyjack.TV Pty Ltd’s total liability to you, for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amounts you have paid Hyjack.TV Pty Ltd in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13.0 Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may
suspend your rights to use the Mobile App, Site and/or Services (including your Account); or
terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement.
Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
14.0 Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HYJACK.TV PTY LTD HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Hyjack.TV Pty Ltd agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
14.1 Governing Law
This Agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14.2 Claim Limitations
You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Agreement claiming a dispute (“Dispute”) has arisen under the Agreement, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Agreement (“Parties”) must within thirty (30) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If for any reason whatsoever, sixty (60) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee.
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5 Termination of Mediation
If three (3) months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16.0 Venue and Jurisdiction
The Services offered by Hyjack.TV Pty Ltd is intended to be used by residents of any country or jurisdiction allowing such activities, however, the company being based and operated from Australia means that in the event of any dispute arising out of or in relation to the Mobile Application or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Hyjack.TV Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Hyjack.TV Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
18.1 Changes to Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site or Mobile App. Any significant changes to this Agreement will be effective thirty (30) days after posting such notice.
You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Continued use of our Mobile App, Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
18.2 Copyright/Trademark Information
Copyright © 2021 Hyjack.TV Pty Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
20.0 Contact Information
Hyjack.TV Pty Ltd
Last Updated: This Agreement was last updated on 25 August 2021.