MEMBERSHIP TERMS AND CONDITIONS
1. Legal contract
1.1 By agreeing to these Terms and Conditions, You are entering into a legally binding contract with Campfire.
1.2 This contract is created at the time that you agree to these Terms and Conditions.
1.3 In entering into this contract, You must provide the Specified Information. We may terminate this contract by notifying you if you fail to provide all of the Specified Information.
1.4 If you enter into this contract on behalf of an organisation, You need to nominate the organisation’s details as the Member. Otherwise, You enter into this contract in your personal capacity, and any rights are conferred upon you personally only.
1.5 If the Member is a Peak Body, then Your rights hereunder do not extend to Your member or affiliate organisations.
1.6 If the Member is an organisation with multiple campuses or branches, then Your rights hereunder only extend to the nominated campus or branch, and in the case of no campus or branch being nominated to the main campus or branch.
2. Memberships
2.1 If You have nominated an Unlimited Membership at the time of agreeing to these Terms and Conditions, then You will be able to view and download an unlimited number of Films through the Website.
2.2 If you have nominated a Limited Membership at the time of agreeing to these Terms and Conditions, then You will be able to view and download a number of Films through the Website corresponding with the stated quantity of unique Films nominated by You at the time of agreeing to these Terms and Conditions.
2.3 We may offer different Limited Memberships, entitling You to view and download different numbers of Films.
2.4 Each membership will continue for the duration of the Term.
3. Payment
3.1 Unless we otherwise specify in our absolute discretion, You may choose to pay the relevant Membership Fee:
(a) immediately by credit card, in which case your membership is immediately activated; or
(b) in arrears by requesting an account, in which case We will grant You Limited Access until your billing details can be verified by Us.
3.2 We may terminate this contract by notice to You if:
(a) We cannot verify your billing details within our stipulated timeframe, which may be as short as 24 hours; or
(b) You fail to pay the Membership Fee within 7 days of the stipulated payment date.
3.3 Notwithstanding clause 3.1, we may require that You pay the Membership Fee by credit card at the time of agreeing to these Terms and Conditions.
3.4 The Membership Fee will be inclusive of GST (if any) unless otherwise stated.
4. Downloading and viewing Films
4.1 Where you have:
(a) downloaded a Film, then viewing or downloading the Film again will not count towards Your entitlement under a Limited Membership; and
(b) viewed a Film, then viewing or downloading the Film again will not count towards Your entitlement under a Limited Membership.
4.2 In our absolute discretion, We may make certain Films available for downloading or viewing at no cost. Viewing such Films will not count towards Your entitlement under a Limited Membership.
4.3 If you have downloaded or viewed a Film that subsequently becomes available at no cost, it will not be credited back towards Your entitlement under a Limited Membership.
4.4 In respect of a Film that you have downloaded, You may not:
(a) reproduce the Film other than for the internal purposes of the Member;
(b) sell, distribute, hire or loan the Film to any other person;
(c) do with a copy of the Film anything that you may not do under this contract with the original Film.
4.5 The restrictions under clause 4.4 apply notwithstanding any licence that You may hold from Screenrights.
4.6 We do not warrant that the Films available for viewing or downloading on the Website at the time of you agreeing to these Terms and Conditions will continue to be available throughout the Term.
5. Screening Films
5.1 Where you have downloaded a Film, you may only:
(a) cause the Film to be seen in public; or
(b) communicate the Film to the public,
during the Term.
5.2 The terms “cause the Film to be seen in public” and “communicate the Film to the public” have the same meaning as under section 86 of the Copyright Act 1968 (Cth). In this agreement, these are collectively referred to as “screening a Film”.
5.3 You may not charge an admission or ticket fee for screening a Film.
6. Copyright licences
6.1 You acknowledge that notwithstanding this contract, which covers the cinematograph film copyright under the Copyright Act 1968 (Cth), you may still require separate licences covering the musical works and/or sound recordings, contained in the Film.
Note: licences for the public performance of a musical work may be obtained from the Australasian Performing Rights Association (APRA); licences for the public playing of a sound recording may be obtained from the Phonographic Performance Company of Australia (PPCA).
6.2 You agree to indemnify Us and hold us harmless against any loss or damage arising from a claim by the holder of copyright in a musical work or a sound recording on the basis that You did not hold an appropriate licence with respect to such musical work or sound recording at the time of screening a Film.
7. Expiry and termination
7.1 This contract will automatically expire at the end of the Term.
7.2 We may terminate this contract at any time by giving you notice if:
(a) You are in breach of this contract; or
(b) You suffer an Insolvency Event.
7.3 Upon and after expiry or termination:
(a) You may not screen a Film that you downloaded during the Term;
(b) You may not reproduce for any reason a Film that you downloaded during the Term;
(c) You may not provide to any other person, either permanently or temporarily, a Film that you downloaded during the Term.
8. Notices
8.1 A notice required or permitted to be given by one party to another under this contract must be in writing, addressed to the other party and:
(a) handed to that party’s representative;
(b) delivered to that party’s address;
(c) sent by pre-paid mail to that party’s address;
(d) transmitted by facsimile to that party’s facsimile number; or
(e) transmitted by email to that party’s email address.
8.2 A notice given to a party in accordance with the preceding sub-clause above shall be treated as having been duly given and received:
(a) if handed to the party’s representative, immediately;
(b) if delivered to a party’s address, on the day of delivery;
(c) if sent by pre-paid mail, on the third day after posting;
(d) if transmitted by facsimile to a party’s facsimile number and a correct and complete transmission report is received, on the day of transmission; or
(e) if transmitted by email to a party’s email address and no error or bounce-back message is received, on the day of transmission.
8.3 If a notice is delivered or transmitted under clause 8.2(b), 8.2(d) or 8.2(e) on a day that is not a Business Day or after 4.30 pm on a Business Day, then it will be deemed to have been delivered or transmitted at 9 am on the next Business Day.
8.4 For the purposes of this clause:
(a) the address, facsimile number and email address of Us are:
Address: Suite 1
The Alma Complex
663 Victoria Street
Abbotsford
Victoria 3067
Australia
Facsimile number: 61 (3) 9429 6168
Email address: info@campfire.org.au
(b) the address, facsimile number and email address of You are as provided in the Specified Information.
9. Governing law
This contract shall be governed and construed in accordance with the laws for the time being in force in the State of Victoria, Australia and the parties agree to the exclusive jurisdiction of the Courts and Tribunals of that State.
10. Dispute Resolution
10.1 If a dispute arises out of or relates to this contract a party to this contract may not commence any court proceedings relating to the dispute unless it has complied with this clause, except where the party seeks urgent interlocutory relief.
10.2 (a) the party claiming the existence of a dispute must give written notice to the other parties specifying the nature of the dispute;
(b) on receipt of that notice the parties must endeavour in good faith to resolve the dispute expeditiously, and if requested by any party, shall resort to mediation;
(c) in the event of resort being had to mediation, the parties must appoint a mediator and agree on the mediator’s remuneration. If the parties fail to agree on the appointment then either party may apply to the President of the Law Institute of the Victoria or the President’s nominee to appoint a mediator and determine the mediator’s remuneration;
(d) the parties must observe the instructions of the mediator about the conduct of the mediation;
(e) if the dispute is not resolved within 10 days after the mediator is appointed, or any other time that the parties agree to in writing, the mediation ceases;
(f) each party must pay an equal share of the cost of the mediation to the mediator and each party agrees to indemnify the mediator against liability in respect of the mediation of the dispute;
(g) if the dispute is resolved, each party must observe the terms of the resolution and the terms are binding on the parties and override the terms of this Agreement to the extent that there is any conflict;
(h) the mediation procedure is confidential and any written statements prepared for the mediator or for a party and any discussion between the parties and between the parties and the mediator before or during the mediation procedure cannot be used in any legal proceedings.
11. Dictionary
In this Agreement, unless stated to the contrary:
11.1 “ABN” has the same meaning as under the A New Tax System (Australian Business Number) Act 1999 (Cth).
11.2 “Business Day” means any day other than Saturdays on which banks are open for business in Metropolitan Melbourne.
11.3 “Campfire”, “Us” and “We” means Campfire Film Foundation (ACN 151 020 987) of 663 Victoria Street, Abbotsford, Victoria 3067, Australia.
11.4 “Cinematograph Film” has the same meaning as under the Copyright Act 1968 (Cth).
11.5 “Film” means a short Cinematograph Film.
11.6 “GST” has the same meaning as under the GST Act.
11.7 “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
11.8 “Insolvency Event” means:
(a) an administrator is appointed over all or any of the assets or undertakings of a party or any step preliminary to the appointment of an administrator is taken;
(b) a party having a controller or similar officer appointed to all or any of its assets or undertaking;
(c) an order is made or a resolution is passed for the winding up of a party or a party enters into an arrangement, compromise or composition with or assignment for the benefit of its creditors, a class of them or any of them;
(d) a party is insolvent within the meaning of the Corporations Act 2001 (Cth);
(e) a party is declared by a court to be insolvent.
11.9 “Limited Access” means a temporary access arrangement under which you may view but not download Films.
11.10 “Limited Membership” means a membership referred to in clause 2.2.
11.11 “Peak Body” includes a state government Department of Education.
11.12 “Screenrights” means Audio-Visual Copyright Society Ltd (ACN 003 912 310) trading as Screenrights.
11.13 “Specified Information” means the information as requested on the Website sign-up form.
11.14 “Member” or “You” means the party indicated as entering into this contract.
11.15 “Membership Fee” means the membership fee nominated by Us on the Website for the relevant Unlimited Membership or Limited Membership at the time of agreeing to these Terms and Conditions.
11.16 “Term” means the period of 12 months starting on the date on which you agree to these Terms and Conditions.
11.17 “Unlimited Membership” means a membership referred to in clause 2.1.
11.18 “Website” means Campfire’s website at http://www.campfire.org.au.