Terms & Conditions

A. AXIS TERMS AND CONDITIONS

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE AXIS SERVICE ("SERVICE"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE.

The following terms and conditions are subject to the Australian Consumer Law.

B. TERMS OF SALE

The AXIS store is provided by Massive Interactive Pty Ltd ("Massive").

About Us: Our ABN is 32 073 401 288 and our registered office is at Level 2 113-115 Oxford St, Darlinghurst, NSW 2010, Australia.

PAYMENTS, TAXES, AND REFUND POLICY

You agree that you will pay for all products you purchase through the Service, and that Massive may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MASSIVE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

The amounts payable for Service transactions are expressed inclusive of GST and each such amount includes an amount equal to the GST payable in respect of the supply to which the amount relates. If the rate of GST payable changes before the licensed Product is downloaded, the new tax rate in effect at the time of download will apply and the total amount payable will be increased or decreased so the economic benefit to Massive remains the same, irrespective of the change in rate of GST. No customers are eligible for tax exemptions for transactions made on the Service.

Prices for products offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund, to the full extent permitted by law. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Massive. Your statutory rights are not affected.

PRE-ORDERS

By pre-ordering products, you are authorizing the Service to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.

ELECTRONIC CONTRACTING

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Massive is not responsible for typographic errors.

C. MASSIVE AXIS STORE TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND MASSIVE INTERACTIVE PTY LIMITED (ABN 46 002 510 054) ("Massive") GOVERNS YOUR USE OF THE MASSIVE AXIS STORE SERVICE (THE "MASSIVE AXIS SERVICE").

THE MASSIVE AXIS STORE SERVICE

Massive is the provider of the Massive Axis Service, which permits you to purchase or rent digital content ("Massive Axis Products") for end user use only under the terms and conditions set forth in this Agreement.

REQUIREMENTS FOR USE OF THE MMASSIVE AXIS SERVICE

This Massive Axis Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Additional age restrictions apply for products containing objectionable material. Primary account holders must be 18 years or older and hold a current Australian credit card.

The Massive Axis Service is only available to registered users who reside in Australia. Users may be able to browse and purchase content while outside Australia but can only play licensed content within Australia. Massive may use technologies to verify your compliance.

Use of the Massive Axis Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Massive Axis Service and may be required for certain transactions or features and to download Massive Axis Products previously purchased from the Massive Axis Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Massive Axis Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Massive Axis Service.

YOUR ACCOUNT

As a registered user of the Massive Axis Service, you must establish an account ("Account"). Don't reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Massive of any security breach of your Account. Massive shall not be responsible for any losses arising out of the unauthorised use of your Account.

In order to purchase and download Massive Axis Products from the Massive Axis Service, you must enter your Massive Axis ID and password to authenticate your Account for purchases. Once you have authenticated your Account using your Massive Axis ID and password, you will only need to validate your purchases with your PIN. You can choose to allow your computer or device to remember your password to remain authenticated.

You agree to provide accurate and complete information when you register with, and as you use, the Massive Axis Service ("Massive Axis Registration Data"), and you agree to update your Massive Axis Registration Data to keep it accurate and complete. You agree that Massive may store and use the Massive Axis Registration Data you provide for use in maintaining and billing fees to your Account.

YOUR WALLET

Unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged or resold. Unused balances are not transferable.

Massive reserves the right to close accounts and request alternative forms of payment if a fraudulently obtained payment method is used on the Service.

PRIVACY

The Massive Axis Service is subject to Massive's Privacy Policy.

CONTENT AVAILABILITY

Massive reserves the right to change content options (including eligibility for particular features) without notice.

USE OF PURCHASED OR RENTED CONTENT

You agree that the Massive Axis Service and Massive Axis Products include security technology that limits your use of Massive Axis Products and that, whether or not Massive Axis Products are limited by security technology, you shall use Massive Axis Products in compliance with the applicable usage rules established by Massive and its licensors from time to time ("Usage Rules"), and that any other use of the Massive Axis Products may constitute a copyright infringement. Any security technology is an inseparable part of the Massive Axis Products. Massive reserves the right to modify the Usage Rules without notice at any time. Except to the extent that applicable laws prevent Massive restraining you from doing so, you agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, to interfere with, remove or alter any rights management information on the Massive Axis Products or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Massive for compliance purposes, and Massive reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Massive Axis Service by any means other than through software that is provided by Massive for accessing the Massive Axis Service. You shall not access or attempt to access an Account that you are not authorised to access. Except to the extent that applicable laws prevent Massive restraining you from doing so, you agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Massive Axis Service. Violations of system or network security may result in civil or criminal liability.

Users may not decrypt content delivered by the service.

All content on the service is copyright of the relevant copyright holder. All rights reserved.

USAGE RULES

(i) You shall be authorised to use Massive Axis Products only for personal, non-commercial use. For details of your rights and restrictions on your rights to use the Massive Axis Products, see:

(ii) You understand and agree that the content you receive through the Service such as movies, images, artwork and other copyrightable materials (the "Content") is licensed by Massive or its affiliates from content providers ("Content Providers"). The Content you receive through the Massive Axis Service, including the copyrights in the content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Massive, Content Providers and Content Providers' licensors do not transfer any title, right or interest to or in the Content to you.

(iii) Before you access any Content, carefully read this Agreement. Before you can license any Content, you will be asked to accept all the terms of the Agreement. If you do not wish to accept all the terms of this Agreement, you will not be able to license the Content.

(iv) The Massive Axis Service is only available to registered users who reside in Australia. Users may be able to browse and purchase content while outside Australia but can only play licensed content within Australia. You may not download or transmit Content outside of Australia.

(v) You may have five Massive Axis-authorised devices at any time. Up to 2 devices can be de-registered in any 30 day period. Massive Axis Service content can only be viewed on Massive Axis-authorised devices.

(vi) Massive grants you a non-exclusive and non-assignable sublicense to download and store the Content on one Computer and to store the Content on up to five (5) other authorised, registered devices and to stream Content to one authorised, registered device at any given time all for personal, non-commercial purposes. The delivery of the Content does not transfer to you any commercial or promotional use rights in the Content. All other rights in the Content are reserved Content Providers, Content Providers' licensors and the copyright holder(s), and any other use is strictly prohibited.

(vii) You may not copy, redistribute, sell, rent, lease, transfer or sublicense the Content. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signalling or copy protection technology in which the Content is wrapped or otherwise associated with, and you may not edit, modify, translate or create derivative works or adaptations of the Content. In addition, you may not decompile copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable form. You may not duplicate or otherwise reproduce (including but not limited to "burning") the Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, BDs, DVDs, VCDs or any other such device, including but not limited to, any computers or other hardware, or other medium now known or hereinafter devised.

(viii) The Content is provided "AS IS". Content Providers and Content Providers' licensors each expressly disclaim any warranties and conditions, express, implied, or statutory, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and their equivalents under the laws of any jurisdiction. Content Providers and Content Providers' licensors do not warrant or otherwise state that the Content will meet your requirements.

(ix) Under no circumstances, including but not limited to negligence by Massive, or Content Providers, will Massive, Content Providers or Content Providers' licensors be liable for any damages, including any direct, indirect, special, incidental or consequential damages of any kind under any legal theory (tort, contract or otherwise) that result from the use of, or the inability to use, [insert name of service] or the Content, even if Massive, Content Providers, or Content Providers' licensors have been advised of the possibility of such damages.

(x) An HDCP connection is required to view movies and TV shows transmitted over HDMI.

(xi) Movie Rentals

a. Movie rentals are viewable on only one device at a time. You must be connected to the Massive Axis Service when watching movie rentals. Rentals are only available for stream.

b. Unless otherwise noted under terms, once you purchase a rental, you have thirty (30) days to begin viewing. Once you begin viewing, you have forty-eight(48) hours to finish viewing the movie. Stopping, pausing, or restarting a movie does not extend the available time for viewing.

(xii) Other terms may include restrictions on numbers of downloads or number of plays of content.

(xiii) Massive reserves the right to charge a delivery fee.

(xiv) Either Party may terminate the Agreement at any time. This Agreement is governed by the laws of Australia. If you are viewing this Agreement online, for future reference, you should print out a copy of this Agreement.

The delivery of Massive Axis Products does not transfer to you any commercial or promotional use rights in the Massive Axis Products.

You acknowledge that, because some aspects of the Massive Axis Service, Massive Axis Products, and administration of the Usage Rules entails the ongoing involvement of Massive, if Massive changes any part of or discontinues the Massive Axis Service, which Massive may do at its election, you may not be able to use Massive Axis Products to the same extent as prior to such change or discontinuation, and that, to the full extent permitted by law, Massive shall have no liability to you in such case.

VIDEO AND AUDIO

Massive Axis Products are available in two video formats.

(i) HD (1080p and 720p)

(ii) SD (540p and 360p)

Some content purchased as HD may only be delivered as SD to specific devices to meet the requirements of distributors.

Massive Axis Products are available in three audio formats.

(i) 5.1 surround

(ii) Stereo

(iii) Mono

Audio encoded at 5.1 may not play back as 5.1 on all devices. Please refer to your device documentation to see if your device is compatible with 5.1 sound.

PLAYBACK

The Massive Axis Service is made available on Android (4.3+), iOS (7+), Windows (7+), Mac OSX (10.6+). Playback on iOS and Android devices requires users to install the Massive Axis Player apps available from the App Store and Google Play.

Video playback on PC and Mac desktop requires download and install of the Widevine video optimiser plugin and Flash (10.3+). PC and Mac video playback is supported only on these browsers: Chrome (43+), Firefox (38+), Safari (5.1+ Mac only), Internet Explorer (10+).

THIRD-PARTY MATERIALS

Certain content, Massive Axis Products, and Service available via the Massive Axis Service may include materials from third parties. Massive may provide links to third-party websites as a convenience to you. You agree that Massive is not responsible for examining or evaluating the content or accuracy and Massive does not warrant and, to the full extent permitted by law, will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Service of third parties. You agree that you will not use any third-party materials in a manner that may or would infringe or violate the rights of any other party and that Massive is not in any way responsible for any such use by you.

OBJECTIONABLE MATERIAL

You understand that by using the Massive Axis Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Massive Axis Service at your sole risk and Massive shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Massive Axis Product types and descriptions are provided for convenience, and you agree that Massive does not guarantee their accuracy.

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during your use of the products offered through the Massive Axis Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Massive Axis Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children's use of the products offered through the Massive Axis Service for signs of symptoms.

INTELLECTUAL PROPERTY

You agree that the Massive Axis Service, including but not limited to Massive Axis Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Massive Axis Service, contains proprietary information and material that is owned by Massive and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Massive Axis Service in compliance with this Agreement. No portion of the Massive Axis Service may be reproduced in any form or by any means, except as expressly permitted in these terms. Except to the extent that applicable laws prevent Massive restraining you from doing so, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Massive Axis Service in any manner, and you shall not exploit the Massive Axis Service in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Massive and its licensors reserve the right to change, suspend, remove, or disable access to any Massive Axis Products, content, or other materials comprising a part of the Massive Axis Service at any time without notice. In no event will Massive be liable for making these changes. Massive may also impose limits on the use of or access to certain features or portions of the Massive Axis Service, in any case and without notice or liability.

All copyrights in and to the Massive Axis Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Massive and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE Massive Axis SERVICE, EXCEPT FOR USE OF THE Massive Axis SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Massive, Massive Axis, the logo and other Massive and Dendy trademarks, service marks, graphics, and logos used in connection with the Massive Axis Service are trademarks or registered trademarks of Massive and/or Massive Pty Ltd in Australia and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Massive Axis Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

TERMINATION

If you fail, or Massive suspects on reasonable grounds that you have failed, to comply with any of the provisions of this Agreement, Massive, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Massive Axis Service(or any part thereof).

Massive reserves the right to modify, suspend, or discontinue the Massive Axis Service (or any part or content thereof) at any time with or without notice to you, and, to the full extent permitted by law, Massive will not be liable to you or to any third party should it exercise such rights. Termination of the Massive Axis Service will not affect the Massive Axis Products that you have already acquired. However, you may be unable to authorize additional computers to use the Massive Axis Products. You may cease to use the Massive Axis Service at any time.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

YOU MAY HAVE RIGHTS UNDER STATUTORY CONSUMER PROTECTION LAWS INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CWTH). THE FOLLOWING DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS APPLY SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER SUCH LAWS.

Massive DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Massive Axis SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Massive MAY REMOVE THE Massive Axis SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE MASSIVE AXIS SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT MASSIVE'S LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Massive Axis SERVICE IS AT YOUR SOLE RISK. THE Massive Axis SERVICE AND ALL PRODUCTS AND SERVICE DELIVERED TO YOU THROUGH THE Massive Axis SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Massive) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL Massive, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE Massive Axis SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MASSIVE AXIS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MASSIVE AXIS SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

MASSIVE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Massive Axis SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Massive HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

MASSIVE DOES NOT REPRESENT OR GUARANTEE THAT THE Massive Axis SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MASSIVE DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY MASSIVE AXIS PRODUCTS PURCHASED OR RENTED FROM THE MASSIVE AXIS STORE.

CERTAIN LEGISLATION, INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON MASSIVE WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH Massive IS ENTITLED TO DO SO, MASSIVE LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT Massive'S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICE, AT MASSIVE'S OPTION: THE SUPPLYING OF THE SERVICE AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED AGAIN.

WAIVER AND INDEMNITY

BY USING THE MASSIVE AXIS SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD MASSIVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNIES, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, ASSIGNEES, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE MASSIVE AXIS SERVICE, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY MASSIVE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Massive, ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNIES, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, ASSIGNEES AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE MASSIVE AXIS SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MASSIVE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

Massive reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Massive Axis Service with or without notice to you. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Massive Axis Service will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Massive and governs your use of the Massive Axis Service, superseding any prior agreements between you and Massive. You also may be subject to additional terms and conditions that may apply when you use affiliate Service, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Massive's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Massive will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Massive Axis Service is operated by Massive from its offices in Australia. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Massive Axis Service. All transactions on the Massive Axis Service are governed by the laws of New South Wales, without giving effect to its conflict of law provisions. Your use of the Massive Axis Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Massive or relating in any way to your use of the Massive Axis Service resides in the courts of Australia and you waive the right to object to that choice of law, personal jurisdiction or venue. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Australia upon electronic transmission to the recipient. No Massive employee or agent has the authority to vary this Agreement.

Massive may notify you with respect to the Massive Axis Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Massive Axis Service. Notices shall become effective immediately.

Massive reserves the right to take steps Massive believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Massive has the right, without liability to you, to disclose any Massive Axis Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Massive believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Massive's right to cooperate with any legal process relating to your use of the Massive Axis Service and/or Massive Axis Products, and/or a third-party claim that your use of the Massive Axis Service and/or Massive Axis Products is unlawful and/or infringes such third party's rights).

If a dispute arises, you shall not commence any proceedings relating to the dispute unless you first notify Massive in writing giving details of the dispute. Upon receipt of such notice, you and Massive shall seek to resolve the matter in good faith for a period of 10 business days. If the parties cannot resolve the dispute within that time, you may submit the matter in writing to Massive's Chief Executive Officer. If the parties are unable to resolve the dispute as prescribed within a period of thirty (30) days from the date Massive's Chief Executive Officer is notified, then such controversy, claim and/or dispute based in any way upon, arising under, relating to, or arising in connection with this Agreement shall be subject to and resolved by exclusive and mandatory binding expedited arbitration conducted under the auspices of the Australian Arbitration Association in effect as of the date the effective date of this agreement, and its rules, which are deemed incorporated herein by this reference, to the extent not otherwise covered above, the arbitration shall be conducted in accordance with Australian law and the arbitration shall be held in Sydney, Australia

YOU WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND ALL DISPUTES SHALL BE EXCLUSIVELY SUBMITTED TO ARBITRATION AS SET FORTH ABOVE.

Last Updated: August 21, 2015