The information contained in the Skyhub Digital Distribution Limited’s website and any attachments or downloads linked to the website (“Website Content”) is being provided to the recipient solely for the purpose of providing information on Skyhub Digital Distribution Limited (“Skyhub Digital”).

In this Disclaimer Skyhub Digital includes its directors, officers, contractors and employees.

The recipient acknowledges that the Website Content contains commercially valuable confidential information and is confidential to Skyhub Digital. The recipient agrees not to disclose, distribute or permit to be communicated verbally, directly or indirectly or otherwise, or to otherwise publish any part of the Website Content except with the prior written consent of Skyhub Digital which may be refused in its absolute discretion. For the purposes of this acknowledgement “recipient” includes, without limitation, any principal, director, officer, shareholder, employee or agent of the recipient.

Any reproduction or distribution of the Website Content, in whole or in part, or any disclosure of its contents, or use of any information contained in the Website Content for any purpose, is prohibited.

To the full extent permitted by law Skyhub Digital does not:

(a) make any representation or warranty (express or implied); and
(b) take any responsibility or accept any liability (including in negligence)

as to the truth, accuracy or completeness of any statement, opinion, forecast, return, information or other matter (whether express or implied) contained in the Website Content or its attachments, links or as to any other matter concerning them.

To the full extent permitted by law, Skyhub Digital does not take any responsibility nor accept any liability (including in negligence):

(a) for or in connection with any act or omission, directly or indirectly in reliance upon; and
(b) for any cost, expense, loss or other liability, directly or indirectly, arising from, or in connection with, any omission from or defects in, or any failure to correct any information, in the Website Content or any other communication (oral or written) about or concerning them, or the issue of securities in Skyhub Digital.

Publication of the Website Content does not under any circumstances imply that the affairs or prospects of Skyhub Digital or any information affecting Skyhub Digital have been fully or correctly stated in the Website Content or have not changed since the date of publication of the Website Content or since the date at which the information is expressed to be applicable. Skyhub Digital does not accept any responsibility or liability (including in negligence) for updating any such information or to inform the recipient of any new information of which Skyhub Digital may become aware.

Recipients of website’s information are cautioned that the projections included in the Website Content are forward-looking statements and therefore are inherently speculative. Due to the subjective judgments and inherent uncertainties of statements about future events, there can be no assurance that Skyhub Digital’s actual future results, or subsequent forecasts, will not vary significantly from the projections and other forward-looking statements set out in the Website Content. The inclusion of the forward looking statements set out in the Website Content should not be regarded as a representation or warranty with respect to their accuracy or the accuracy of the underlying assumptions or that Skyhub Digital will achieve or is likely to achieve any particular results.

The provision of the Website Content is not and should not be considered as a recommendation in relation to an investment in Skyhub Digital or that an investment in Skyhub Digital is a suitable investment for the recipient. Recipients should make their own enquiries and evaluations they consider appropriate to verify the information contained in Website Content and to determine the suitability of an investment in Skyhub Digital (including regarding their investment objectives, financial situation, and particular needs) and should seek all necessary financial, legal, tax and investment advice.

Nothing in the Website Content constitutes an offer of securities for issue or sale or an invitation to apply for the issue of securities or to purchase securities in any jurisdiction in which, or to any person to whom, it would be unlawful to make such an offer or invitation.

Forward-Looking Statements

The information on this website contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements can be identified by the fact that they do not relate strictly to historical or current facts. Forward-looking statements often include words such as "anticipates," "estimates," "expects," "projects," "intends," "plans," "believes" and words and terms of similar substance in connection with discussions of future operating or financial performance.

The Company's forward-looking statements are based on management's current expectations and assumptions regarding the Company's business and performance, the economy and other future conditions and forecasts of future events, circumstances and results. As with any projection or forecast, forward-looking statements are inherently susceptible to uncertainty and changes in circumstances. The Company's actual results may vary materially from those expressed or implied in its forward-looking statements. Important factors that could cause the Company's actual results to differ materially from those in its forward-looking statements include government regulation, economic, strategic, political and social conditions and the following factors:

• recent and future changes in technology, services and standards, including, but not limited to, alternative methods for the delivery, storage and consumption of digital media and evolving home entertainment formats;


• changes in consumer behavior, including changes in spending behavior and changes in when, where and how content is consumed;


• changes in the Company's plans, initiatives and strategies, and consumer acceptance thereof;


• competitive pressures, including as a result of audience fragmentation and changes in technology and consumer viewing behavior;


• the Company's ability to deal effectively with economic slowdowns or other economic or market difficulties;


• changes in foreign exchange rates;


• increased volatility or decreased liquidity in the capital markets;


• the failure to achieve the anticipated benefits of the Company's enterprise efficiency initiatives;


• a disruption or failure of the Company's or its vendors' network and information systems or other technology relied on by the Company;


• the failure to meet financial expectations;


• changes in U.S. GAAP or other applicable accounting policies;


• changes in tax, federal communication and other laws and regulations;


• currency exchange restrictions and currency devaluation risks in some foreign countries;


• the effect of union or labor disputes or;


• the impact of terrorist acts, hostilities, natural disasters (including extreme weather) and pandemic viruses; and

Any forward-looking statement made by the Company speaks only as of the date on which it is made. The Company is under no obligation to, and expressly disclaims any obligation to, update or alter its forward-looking statements, whether as a result of new information, subsequent events or otherwise.

External Links

The linked sites included in the Website Content are not under the control of Skyhub Digital and Skyhub Digital is not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to such sites. Skyhub Digital is providing these links to use as a convenience. The inclusion of any link does not imply endorsement by Skyhub Digital of the site or a relationship with the organisations to which links are provided.

Submitted Content

When content is submitted to Skyhub Digital, a simultaneous grant is given to Skyhub Digital for an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate the content worldwide.

Changes to the Terms

Skyhub Digital reserves the right to modify the Website Content from time to time at its sole discretion and without any notice. Changes to the Website Content become effective on the date they are posted and your continued use of the Website Content after any changes to it will signify your agreement to be bound by them.

Jurisdiction

The parties agree that the laws of Queensland, Australia apply and the parties agree to submit to the jurisdiction of the Courts of Queensland, Australia.

Termination

The recipient acknowledges that the Website Content is not freely available for access by the public and Skyhub Digital reserves the right to exclude whoever it determines including the recipient from access to the Website Content.