1. Representations and Warranties
As a User of the Service, you understand, represent, warrant, and agree that;
a. You are over 18 years of age, or, alternatively, you have the permission or your parents or legal guardian to participate in the Service.
b. You are solely responsible for any and all Content that you post on the Service and/or transmit (via email or other means).
c. You will not use or operate any IRC (internet relay chat) or IRC bots on the Service.
d. You will not employ proxies, bots, spiders, or other devices in an effort to generate fraudulent revenue.
e. Each and every one of your postings, and any communications you have with others, is entirely voluntary; you can terminate your membership and/or stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for your interactions with others.
f. Www.AustralianMusicFestivals.com does not moderate the Service nor do we maintain an active censorship program, but may, either directly or via our authorized representatives, review, suspend, and/or delete your account(s) which in the sole judgment of Www.AustralianMusicFestivals.com violates the terms or spirit of this Agreement.
g. You will abide by standards of conduct and decency which are in line with the general online community, as well as all local and federal laws. Violation of this, in Www.AustralianMusicFestivals.com 's sole and absolute discretion, may result in Www.AustralianMusicFestivals.com taking appropriate action against you, including, without limitation, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content to any public area that:
i. is profane or offensive, as determined by normal standards of the online community;
ii. is in any way illegal or unlawful for you to personally post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
iii. harasses or advocates harassment of another person;
iv. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
v. provides access to an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
vi. displays pornographic or sexually explicit material of any kind;
vii. provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses;
viii. solicits passwords or personally identifying information for any purpose from others;
ix. is an adult soliciting a relationship with a minor;
x. constitutes, or could be construed as, harmful matter or indecent communications to minors;
xi. constitutes, or could be construed as, child pornography or the abuse of children;
xii. constitutes, or could be construed, as being abusive to women;
xiii. constitutes, or could be construed, as being abusive to animals;
xiv. entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
xv. is illegal, threatening, abusive, hateful, defamatory, libellous, slanderous, or injurious to the reputation of any person or entity;
xvi. constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights; and,
xvii. in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity.
As the provider of the Service, Www.AustralianMusicFestivals.com represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order and available to the majority of people on the world wide web.
3. Billing Cycle for Services
4. Proprietary Rights in Www.AustralianMusicFestivals.com Content on the Service
Www.AustralianMusicFestivals.com owns and retains all proprietary rights in the Service and Content it provides thereon, as well as all programming code, user-interface designs, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary information of Www.AustralianMusicFestivals.com partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Www.AustralianMusicFestivals.com 's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Australian Music Festivals, PO BOX 1198 Stafford 4051 Brisbane Australia.
7. Links to Third-Party Web Sites
Www.AustralianMusicFestivals.com is not responsible for any USER CONTENT, NOR FOR ANY incorrect or inaccurate Content, posted on the Service, or in connection with the Service, whether caused by User, other users, WWW.AUSTRALIANMUSICFESTIVALS.COM AND/OR ITS' affiliates, officers, agents, partners and employees, or by any of the equipment or programming associated with or utilized in the Service. Www.AustralianMusicFestivals.com is not responsible for the conduct, whether online or offline, of any user of the Service. Www.AustralianMusicFestivals.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, SERVICE, CONTENT, OR User communications. Www.AustralianMusicFestivals.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will Www.AustralianMusicFestivals.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to or from User, or any interactions between User and others, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, WWW.AUSTRALIANMUSICFESTIVALS.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WWW.AUSTRALIANMUSICFESTIVALS.COM DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, WWW.AUSTRALIANMUSICFESTIVALS.COM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
9. Liability Limitations
IN NO EVENT SHALL WWW.AUSTRALIANMUSICFESTIVALS.COM BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF WWW.AUSTRALIANMUSICFESTIVALS.COM AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF WWW.AUSTRALIANMUSICFESTIVALS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT WWW.AUSTRALIANMUSICFESTIVALS.COM 'S LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USER TO WWW.AUSTRALIANMUSICFESTIVALS.COM FOR THE SERVICE DURING THE TERM OF USER'S USE OR SUBSCRIPTION (IF ANY).
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. Www.AustralianMusicFestivals.com may terminate your account(s) (if any) at any time and without reason, with no notice required. If Www.AustralianMusicFestivals.com terminates your account(s) in the Service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 5, 6, 7, 8, and 9 of this Agreement
If there are any disputes between you and Www.AustralianMusicFestivals.com and/or any of our subsidiaries, affiliates, officers, agents, and other partners and employees, you agree that the dispute will be governed by the laws of Queensland, Australia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the Queensland, City of Brisbane
You agree to indemnify and hold Www.AustralianMusicFestivals.com , its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Furthermore, each of Www.AustralianMusicFestivals.com and User shall defend, indemnify, and hold harmless the other, and its directors, officers, employees, and other agents, from and against any loss, liability, damage, award, claim, cost and expense (including, but not limited to, reasonable attorney's fees and expenses) arising out of or incurred in connection with any warranty or representation made pursuant to this Agreement by Www.AustralianMusicFestivals.com , User, other users, or any use of the Service by User or other users.
13. Entire Agreement and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and Www.AustralianMusicFestivals.com regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances beyond its reasonable control, including but not limited to, acts of God, war, riot, embargo, acts of civil or military authorities, fire, flood, earthquake or other natural forces, accident, strike, or shortage of fuel or energy.
Any notices to Www.AustralianMusicFestivals.com are to be sent to email@example.com or via mail PO BOX 1198 Stafford 4051 Brisbane Australia.
17. Domain name registrations are billed per the cycle chosen in the registration process; with renewals charged on the first of the month of the anniversary of the initial registration. All fees paid for domain registrations are non-refundable, regardless of when you cancel, sell, transfer, or otherwise dispose of a domain name.
18. Email accounts are billed on a non-refundable annual basis. Accounts may be cancelled at any time, and thus will not be billed in the following annual cycle (accounts are charged on the first of the month of the anniversary of initial sign-up); but there no pro-rata refunds will be given.
19. Search engine submissions are billed as one time non-refundable fees.
20. Customer service and/or help line fees are billed on a per-minute basis and will appear either on your home phone bill or on your credit card statement, depending upon where you called from and the type of service offered.
Updated June, 2007