TERMS AND CONDITIONS
PLEASE NOTE AUSTRALIA: All the materials on the Creative cowboy films website have been created by Andrea and Peter Hylands and their crew and all materials are the copyright and trademark of Creative cowboy films and the artists and musicians who appear on the site. All rights are reserved. In Australia only SBS and NITV have been granted a license to broadcast the material and downloads or streaming of any material provided by third party organisations have not been authorised by Creative cowboy films and as such are strictly prohibited by Andrea and Peter Hylands. As a user of the Creative cowboy films site you are of course welcome to use and study the materials directly from this site because that is why we have created it. A wealth of knowledge about our world and some of the great people who we work with.
Creative cowboy films: website and online products, DVDs, magazines and books
Creative cowboy films products are sold on condition that they are not for public performance. The purchaser has home use rights only unless permission is granted by Creative cowboy films to do otherwise. Generally Creative cowboy films will be pleased to grant such permissions and a permissions fee will be requested.
Any unauthorized copying, editing, exhibition, renting, exchange, hiring, lending, public performances, diffusion or broadcasting of Creative cowboy films products are strictly prohibited without permission from Creative cowboy films.
NOTE: For educational and library use, by purchasing Creative cowboy films products, the provider is granted a one site (one location) license and products can therefore be shown or lent in the educational setting and in one location (a school or university).
Restrictions on use: Website, all video, sound and text This site is owned and operated by Creative cowboy films and contains material that has been created by Creative cowboy films. The material on this site is protected by international copyright and trademark laws. Visitors to the site may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this website. For educational purposes students and teachers may stream and generally view content but for non-commercial use only. Creative cowboy films must be acknowledged at all times and any copyright and other proprietary notices are to be included as per the original material.
License to Creative cowboy films By posting messages or sending written feedback to the Creative cowboy films website the respondent becomes a contributor and therefore is granting Creative cowboy films a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
Links to third party websites In the case where Creative cowboy films has provided links to or reference to third party websites, Creative cowboy films does not operate or control in any respect any information, products or services on these third-party sites. Creative cowboy films disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Limitation of product liability As a visitor to the Creative cowboy films if you are dissatisfied with any Creative cowboy films content your only course of action is to discontinue using Creative cowboy films products and / or web based content.
Termination This agreement is effective until terminated by Creative cowboy films, termination may occur at any time without notice. In the event of termination the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Privacy Creative cowboy films is committed to protecting your privacy.
Creative cowboy films produces content including films and books, sound files and other content on a range of media. Where feedback or ideas are provided by our customers we will treat any correspondence with respect for your privacy unless the parties agree to do otherwise, perhaps in the case of a testimonial or other reference or information that may assist customers generally.
If you access Creative cowboy films online website, you agree to be legally bound by the terms is in force at the time of use.
All the content on the Creative cowboy films online website is the property of Creative cowboy films or its licensors. The content is created by Creative cowboy films staff and those commissioned by the company. The content may be film, images, audio or text, the Creative cowboy films online website is a multimedia platform with all types of content available from the site.
Should I read any other information or terms?
Creative cowboy films website
Creative cowboy films online products and services include the website, products and/or software applications that enable you to access, view and/or listen to Creative cowboy films content on compatible devices which may include computers and handheld devices.
Creative cowboy films content is produced and edited by Creative cowboy films.
By using the online website the user acknowledges that Creative cowboy films has absolute editorial control over all Creative cowboy films content at all times.
How can I use the Creative cowboy films online website and its content?
You may not infringe any copyright law when using the Creative cowboy films online website by copying, reproducing or reselling Creative cowboy films content of any kind or format without the permission of Creative cowboy films.
You may not subject any Creative cowboy films content to any derogatory treatment or use this content in any way that would bring Creative cowboy films into disrepute or cause Creative cowboy films to incur liability to any third party.
You agree to use Creative cowboy films online website to access, view, read and/or listen to the content as supplied to you by Creative cowboy films and you may not, and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way Creative cowboy films content in whole or in part.
This is not an exhaustive list and may be amended by Creative cowboy films from time to time.
Ownership of copyrights
What are the features of the Creative cowboy films online website and how do they work?
Interacting with Creative cowboy films online website
Do I need to have a Creative cowboy films account to access Creative cowboy Pty Ltd content?
You will need an account to access Creative cowboy films and publications and subscription services for which payments need to be made. You will also be asked to register an email address for services such as pay-per-view. All subscription services and purchases should be paid for as instructed on this website using the payment system Stripe for which you will need an account. For larger orders and in the case of educational institutions and public institutions such as libraries, museums and galleries, these institutions can pay on invoice directly into the Creative cowboy films bank account by emailing their order to Andrea Hylands on firstname.lastname@example.org
User obligations under the Terms and Use?
Compliance with the Terms
You must comply with the Terms.
Expenses, equipment and software
The user (you) is solely responsible for paying all expenses incurred when you access or use Creative cowboy films online website and contents including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can stream. You are also responsible for any costs associated with all the equipment and software you need to connect to and use the Creative cowboy films online website and its content.
Accessing and using Creative cowboy films features to access, download, view or listen to Creative cowboy films content (especially video or audio) may lead to substantial bandwidth usage by the you which can be expensive so you should ensure you do not exceed any 'bandwidth cap' on your account with your internet or data service provider. Creative cowboy films are not responsible if your equipment or software is not compatible with any Creative cowboy films content. Creative cowboy films content may be streamed to your device from servers owned by third-party content distribution networks such as Media Temple to enhance your experience when you watch or listen to Creative cowboy films content.
Managing your account details and activity
The user is solely responsible for keeping your Creative cowboy films account username and password (if you have them) confidential and the user is responsible for all activity that occurs under your Creative cowboy films account.
What are the Creative cowboy films legal obligations to me and how do the terms limit Creative cowboy films liability?
The basis on which Creative cowboy films makes the Creative cowboy films website available to you:
- Creative cowboy films does not guarantee that all Creative cowboy films content and will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
- Creative cowboy films reserves its right to modify, suspend or discontinue all or part of any Creative cowboy films content or service without giving you any notice.
- Any commentary, opinions or other materials included in Creative cowboy films content are not intended to amount to advice on which you should rely.
Types of loss or damage Creative cowboy films is not responsible for
Creative cowboy films are not responsible for the following kinds of loss or damage which may arise from your use of the Creative cowboy films online website and content:
Loss or damage suffered by you or someone else when Creative cowboy films complies with the Terms and Use conditions;
- Loss or damage which is caused by Creative cowboy films when it does not comply with the Terms and Use conditions but which Creative cowboy films and you could not anticipate nor expect to happen when you started using Creative cowboy films online website and content in all its forms;
- Any loss which is indirect or a side effect of the main loss or damage and which Creative cowboy films and you could not anticipate nor expect to happen when you started using Creative cowboy films online website and content in all its forms.
- Any loss or damage if Creative cowboy films online website and content in all its forms are not provided to you or are interrupted or suspended or if Creative cowboy films does not comply with the Terms because of events beyond Creative cowboy films control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion, decision of the Creative cowboy films board, rule or order or act of Government or other act or event beyond the reasonable control of Creative cowboy films.
Your legal rights as a consumer
As a consumer, you may have certain legal rights regarding claims in respect of losses caused by Creative cowboy films failing to carry out its obligations. Nothing in the Terms is intended to limit your legal rights as a consumer.
Transfer of rights
The user may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person.
Dispute arising out of the Terms?
Any disputes arising out of the Terms will be governed by and interpreted in accordance with the laws of the State of Victoria.
Personal Information: Customers ordering or subscribing to Creative cowboy films products will be required to provide address and other information. The information provided by customers will not be provided to third parties for sale or rent and is for the sole use of Creative cowboy films for its communications with and distribution to its customers.
When you interact with Creative cowboy films we may receive or collect personal information about you. This occurs when you subscribe to or purchase a Creative cowboy films product or request that you are added to our mailing list. The details you provide will include your name and address, your contact details and if you purchase a product (if you do not have an account with Creative cowboy films) your credit card or other banking details.
How Creative cowboy films will use your information?
- To provide you with services. For example, to send you a link to a new issue of the creative-i magazine, if you have asked for this.
- To fulfill your purchase order by post or online depending on which content products you have purchased from Creative cowboy films.
- To inform you of new film and writing projects from Creative cowboy films.
We will keep your information confidential and we will only use your information within the Creative cowboy films company. We will not provide your details to third party advertisers. You should note that Creative cowboy films does not and will not carry advertising material from third parties. It is our strategy to build a media company that does not require advertising revenues and is therefore free from any external influence that may stem from the particular interests of advertisers.
DVDs: Creative cowboy films does not refund monies until returned items arrives at our office. At our discretion, a refund may be issued without requiring a return. DVDs must be returned in unused condition to receive refund.
Online subscriptions and pay-to-view purchases: Creative cowboy films cannot refund pay-per-view and subscriptions, orders or purchases for online streaming products, films or publications, either as pay-to-view or by subscription. This is because once you have viewed the product or content it is deemed as having been sold to you.
Creative cowboy films attempts to be as accurate as possible in describing Creative cowboy films content products.
Except where noted otherwise, the price displayed for products on any Creative cowboy films service represents the full retail price listed on the product itself. In the case of DVDs, depending on location of purchaser, freight costs may be added to price. See the Creative cowboy films shop on this website for details.
Pricing of all products is in Australian Dollars (AUD$). DVDS of our documentaries are priced at AUD$35.00, Education packs are priced at AUD $150.00 to $200.00. Online viewing of full documentaries is available by monthly or annual subscription. It is recommended that schools and colleges around the world (one site license) take out an annual subscription.
Freight for DVD products will be charged to international destinations if the order value is less than AUD$50.00, in this case an extra AUD$10.00 will be added to assist with freight costs. Currently the Australian dollar is worth around USA$ 75 cents although this can vary. NOTE: The education packs for John Wolseley, Julie Gough and Aboriginal art and culture, Western Arnhem Land each contain additional film material that is not available by subscribing online to Creative-iTV.
Creative cowboy films generally do not charge you until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Orders for DVDs will normally be processed within five working days of receipt of order, we will advise you if the item is unavailable or out of stock. Postage by airmail may take a few days. Please remember we are despatching products to many countries around the world.
TECHNICAL INFORMATION FOR VIDEO STREAMING
Creative cowboy films wants to bring you the highest quality the Internet can provide when streaming full length movies available to you as pay-per-view or by subscribing to the Creative cowboy films website. To successfully stream the full length films in the pay section you will need a reasonable Internet connection which means ADSL2+ or above.
The full length films in the pay section of the website are streamed at a variable bitrate with a target of 2 - 4 megabits per second. To play these films successfully you will need an Internet speed that is consistently higher than the target bitrate.
The blog section contains shorter video clips of interviews that can be viewed free of charge and these clips are streamed at a bitrate of around 2. To play these clips succesfully you will need an Internet speed that is higher than the bitrate.
You will also require up-to-date software and hardware to get the most out of viewing online. This website is designed to be multiplatform and works on a range of hardware and systems. Caution should be used when playing videos on mobile phones, particularly while travelling overseas, because of the expense of doing so.
If you reside in a region or country where Internet speeds are still very poor we suggest you allow time for the films and clips to buffer and then enjoy them. NOTE: Safari, Google Chrome and Firefox browsers - each type of browser will have different characteristics and will likely buffer films at different rates. We recommend you experiment with using a different browser if streaming results are not satisfactory because of your Internet speeds or computer.