Terms & Conditions

Terms of Service

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use").  In this Policy, we will refer to Earth Heroes Inc. or EarthHeroesTv.com as "Earth Heroes TV", "our", "us", “the Company”, “Company” or "we".

We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).

These Terms of Services are applicable to all users of Earth Heroes TV services including its website video streaming Services located under earthheroestv.com and related domains, sub-domains, and mobile and desktop applications & TV (individually and collectively the “Services”). 

These Terms govern your use of all Earth Heroes TV Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by EarthHeroesTv.com 

2. Acceptance of Terms


The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing or using our Website, you agree to be bound by this Agreement, whether you are a visitor or registered user. Earth Heroes TV shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you.

Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

3. Changes to Terms

We may modify this Agreement from time to time, and, to the greatest extend permitted by law, such modifications shall be effective upon posting it on our Terms & Conditions page. We shall have the right, at our sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. 

Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

4. Access and Use of Service

Users accessing the Services must be at least eighteen (18) years of age. Users registering for the Services and uploading User-Generated Content must be at least eighteen (18) years of age. Earth Heroes TV makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorisation or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

Due to the nature of the internet, we cannot prohibit minors from visiting our website. However, our website is not directed towards children under the age of 13 and we do not knowingly collect information from children under the age of 13 through our website.

5. Your Conduct

The Services may be used only for lawful purposes relating to streaming and related materials. Earth Heroes TV specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by Earth Heroes TV.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, 

(a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing",
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,
(e) scraping or harvesting data or
(f) the use of robots to skew payouts.

6. User Information

You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorisation to register for the Services and post User Generated Content. Earth Heroes TV reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

Your privacy rights are set forth in our “Privacy Policy” located on our Privacy Policy Page.

Earth Heroes TV reserves the right to offer our or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving such services and products.

7. Username/Password/Security

As a registered “User”, you are required to choose a password and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorised by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.

You agree to immediately notify us of any unauthorised use of your username and password, by writing form at  weareearthheroes@protonmail.com We will not be liable for any loss or damage arising from your failure to comply with this section.

8. Use of Services

The Services are offered only for video streaming and related materials and is only a conduit for video streaming and its’ related materials.

Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.

Earth Heroes TV grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on our website and applications.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.

9. Access to Services – Subscriptions & Purchases

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

Access to and use of the Services is subject to a subscription fee. The Fee is payable in Australian (AUS) or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or at the end of your free trial, and regularly thereafter based on the terms and conditions of your subscription. You hereby authorise Earth Heroes Tv to charge your credit card for the applicable subscription fee.
The fee is non-refundable.

If Earth Heroes TV is for any reason unable to effect automatic payment via your credit card, We will attempt to notify you by email and your account will be disabled until payment is received. You are responsible for notifying Earth Heroes TV of any changes to your credit card information and to update your information. 

The Services may allow you to access digital content on a pay-per-view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent, or pay per view, the Company grants you a non-exclusive, non-transferable, personal, non-sublicensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Earth Heroes TV may incur in its efforts to collect any remaining balances due from you. You are required to notify us of any billing problems and discrepancies within 60 days after they appear on your credit card account statement by sending a written notice to weareearthheroes@protonmail.com. If you do not notify us within the time allowed, you waive any right to dispute such problems or discrepancies. 

Earth Heroes TV make no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content have many different variables, including your connection speed, location, download speeds, devices, player, and bandwidth.

10. Payments & Billing

The digital content available under specific payment plans, including pay-per-view, subscription, membership, or rent will change from time to time at the sole discretion of Earth Heroes TV. We make no guarantee as to the availability of a specific payment plan.

By purchasing a payment plan, you expressly agree that we are authorised to charge your selected payment plan on the Payment Method you designate. You can update and change this information at any time by logging into your video library and clicking the settings tab under the username.

Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

11. User Comments and Suggestions

While we value user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.

If despite our request, users send creative ideas, inventions, or suggestions, all such submissions shall be the property of Earth Heroes TV in whole or in part. Earth Heroes TV shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.

No part of the submissions shall be subject to any obligation of confidence and Earth Heroes TV shall not be liable for any use or disclosure.

12. Intellectual Property

Earth Heroes TV and any other company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Earth Heroes TV, and any unauthorised use of such trademarks and trade names is prohibited.

The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources, and graphics) is the sole and exclusive property of Earth Heroes TV and is protected by copyright, trademark, and other intellectual property common and statutory laws of Australia and other countries.

You agree that Earth Heroes TV owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked, and protected by copyright, trademark, and other intellectual property common and statutory laws of Australia and other countries.

You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.

13. Social Networking

Users may have the option to Twitter, Facebook, or other social networking services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking services.

14. Health and Medical Concerns

Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Website and Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products, and services.

1. Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. 

2. Earth Heroes TV, its staff, and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

3. The Website and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. 

4. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

5. You should never disregard medical advice or delay seeking it because of a statement you have read on the Earth Heroes TV website and/or the Services. 

6. The Earth Heroes TV website and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. 

7. It is important that the Earth Heroes TV Website and the Services are used only in conjunction with qualified medical guidance.

8.  If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Earth Heroes TV website and/or the Services.
   

You must always consult your doctor before beginning an exercise or dietary program. If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

15. Use of Software

If Earth Heroes TV Services require or include downloadable software such as an app, or use of the software provided by Earth Heroes TV for Publishers, Earth Heroes TV grants a personal, limited, non-exclusive, and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities. 

1. Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

2. Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

3. This License does not allow users to use the Software on any device that the user does not own or control, and the user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

4. Users agree that the Software, including the specific design and structure, constitutes proprietary and confidential information, trade secrets, and/or intellectual property of Earth Heroes TV. 

5. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets, or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

6. Users acknowledge and agree that the use of the Software may require Earth Heroes TV to acquire the user’s mobile phone number and perhaps additional such information in order to obtain access Software.

7. Users agree that Earth Heroes TV may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support, and other services. We may use this information, as long as it is in a form that does not personally identify a user.

8. Earth Heroes TV shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

This License is effective until terminated by the user or Earth Heroes TV at its sole discretion. User’s rights under this license will terminate automatically without notice if the user fails to comply with any terms of this License. Upon termination, the user shall cease all use of the Software and delete all versions of the Software possessed by the user.

The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

16. International Use

Given the global nature of the internet, you acknowledge and agree that you are obliged to comply with all the applicable laws, rules, and regulations regarding the access to and use of the Website and the Services of Earth Heroes TV. 

Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Earth Heroes TV shall not have any liability with respect to such use.

By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside, and that restriction on access to and/or use of some Site content may apply to users based on their place of domicile, residence and or use. 

Earth Heroes TV makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited.

17. Copyright Infringement Notification

If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify Earth Heroes TV by providing our designated copyright agent with the following information: weareearthheroes@protonmail.com

The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf must provide;

1. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

2. Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

3. Your name, address, telephone number, and e-mail address;

4. A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorised by the copyright owner, any agent of the copyright owner, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send Earth Heroes TV a counter-notice that includes the following:

1. Your name and address, and telephone number;

2. The source address of the removed content;

3. A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of Australia, for any judicial district in which the Earth Heroes TV website may be found, and that you will accept service of process from the person who provided the original complaint.

Please note that the Australian Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.

Earth Heroes TV has designated the Australian copyright Office as our agent to receive notices of claims of copyright infringement. Their contact: info@copyright.org.au

18. Warranty Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

EARTH HEROES TV, THE COMPANY, DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR USER-GENERATED CONTENT OFFERED, OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.

THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION.  NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORISED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE SERVICES OR USE OF THESE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

THE COMPANY IS NOT RESPONSIBLE FOR THE DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES.  ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.

19. Limitation of Libraries

IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORISED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. 

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

20. Indemnification

USERS AND ANY FEATURED NAMED PEOPLE IN ANY MEDIA AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM 

(I) YOUR USE OF THE SERVICES; 

(II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR 

(III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT, OR PROCEEDING. 

THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.

21. Termination

Earth Heroes TV reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if Earth Heroes TV believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes Earth Heroes TV's right to terminate a user's ability to post comments or access any function available on EarthHeroestv.com. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of Earth Heroes TV. You acknowledge that Earth Heroes TV shall not be liable to you or any third party for any termination or suspension of your access to this Site.

22. Communications

By using the Earth Heroes TV services you consent to receive electronic communications from the Company. These communications will include, emails about the account, password, access, marketing, transactional and other information related to Earth Heroes TV services and to your account.

23. Additional Terms and Conditions

Nothing in this Agreement is intended to create or will be construed as creating a joint-ventures, partnership, employer/employee, or principal and agent relationship between users and Earth Heroes TV.

These Terms of Service shall be governed by and construed in accordance with the Federal laws of Australia applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

You irrevocably consent to the exclusive jurisdiction of the courts located in Australia in connection with any action arising out of or related to these Term of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.

If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect. 

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it unless such party issues an express written waiver, signed by a duly authorised representative.

You may not assign these Terms of Service or any of your rights or obligations hereunder.

Except as expressly specified herein, this Agreement shall create rights and obligations only between Earth Heroes TV as the Company and each individual user and it does not create any rights for any other parties.

24. Entire Agreement

This agreement together with any other terms and conditions referenced herein, constitutes the entire agreement between you and Earth Heroes TV, superseding any prior agreements. 

This Agreement and relationship between you and Earth Heroes TV as the Company shall be governed by the laws of Australia and you agree to submit to the personal and exclusive jurisdiction of the courts located within Australia

If you have any questions regarding the Agreement, please contact us by email at weareearthheroes@protonmail.com