Terms & Conditions - ARTS:LIVE

Terms & Conditions

1          TERMS & CONDITIONS

1.1       In these Terms and Conditions of the ARTS:LIVE website (Site), we or us means The Song Room.

1.2       In these Terms and Conditions of the Site, you or your means registered users of The Song Room.

2          ACCURACY AND CONTENT OF THE SITE

2.1       We attempt to keep the content of the Site up to date. However, we do not warrant the accuracy or currency of the content.

2.2        You acknowledge that the content on the Site is liable to change at any time.

3          YOUR USE OF THE SITE

3.1       In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

(a)         any law, rule or regulation of any country (or political sub-division of a country);

(b)        any obligation under any licence in any country (or political sub-division of a country); and

(c)        any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

3.2        You must not:

(a)        disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

(b)        violate any Applicable Law relating to your use of the Site; or collect or store personal data about other users of the Site.

4          CONTENT OWNERSHIP, COPYRIGHT AND LICENCE TO USERS

4.1       The Site, including without limitation all materials displayed on or produced through the Site, information, text, illustrations, graphics, video, sound recordings, software including the code comprising or used to operate the Site, tools, data collected from users to the Site, names, logos and trade marks on the Site (collectively, Content) and the intellectual property therein are owned by or licenced by us and are protected by copyright, trade mark, trade secrets and other intellectual property laws, unless expressly indicated otherwise as being third party copyright content in the attributions on the Site.

4.2       You must not modify, copy, reproduce, republish, frame, reverse engineer, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these Terms and Conditions or with our express prior written consent.

4.3       User licences (‘subscriptions’ or ‘registrations’) are for individual (and for school / educational institution users only, single classroom), non-commercial purposes and are non-transferable.

4.4       You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own individual use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements). In the case of school/educational institution users, you may use the content of the Site, such as activity sheets and lesson plans, for non-commercial educational purposes.

4.5       You must not use the Content for commercial purposes without first obtaining our express written authority.

4.6       Users are responsible for their own internet usage charges. It is the responsibility of the user to ensure their computer and internet access is sufficient to access ARTS:LIVE.

4.7       By uploading content to this Site, you are taking responsibility that you have been given permission to upload any content to this Site by the owner or creator of the content. The Song Room may choose to use that content at its’ own discretion. By using this Site, you are taking responsibility for the students posting images, audio and video content to the ARTS:LIVE website and agree that we are granted a permanent, irrevocable, free, worldwide, non-exclusive licence (including a right to sub-licence) of such content by you to use, reproduce, publish, communicate to the public and adapt that content (or any part of it) for any purpose.

4.8       Where specific content materials (such as an image or audio file) are indicated (in the attributions or acknowledgements in webcopy, documents or videos on the Site) as being third party copyright content licenced to us under a Creative Commons licence, this content is licensed to you under the following conditions:

4.8.1  Where a specific type of Creative Commons licence is listed for that third party copyright content, this content is licenced to you under the same Creative Commons licence indicated for each specific content material listed.

4.8.2  Where specific content is indicated on the Site as third party copyright content licenced to us under a Creative Commons licence, without reference to the type of Creative Commons licence, this material is licenced to you under the Creative Commons Attribution- NonCommercial-ShareAlike 4.0 International licence. This license allows you to:

(a)           copy, distribute, display, and perform the work; and

(b)           adapt the work

under the following restrictions:

(a)           Attribution – You must give appropriate credit to the creator and attribution parties;

(b)           Non-Commercial – You may not use this work for commercial purposes; and

(c)           Share Alike – If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or a similar licence to this one.

4.8.3     Any Creative Commons licence granted to you for the use of third party copyright content is also subject to any other restrictions in, and the terms of, the relevant Creative Commons licence. You must comply with the terms of the Creative Commons licence in relation to your access to, use, reproduction or publishing of content.

4.8.4     The Creative Commons licence granted to you for the use of third party copyright copyright content refers only to the specific third party copyright material explicitly listed as being licenced to us under a Creative Commons licence (for example an image or audio file), but does not extend to the remainder of the material in that lesson or course that is owned by us, nor to other content that includes third party contributions not licenced under Creative Commons.

4.8.5     To view all of the terms and conditions of the Attribution- NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) licence please visit: https://creativecommons.org/licenses/by-nc-sa/4.0/

5          LINKS, DOWNLOADS, PLUG-INS, FEATURES AND ADVERTISEMENTS

5.1       We have not reviewed all of the sites, downloads, plug-ins, features or activities linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links you do so at your own risk. We do not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information supplied to us.

5.2       Your correspondence or dealings with, or participation in activities on other sites linked to this Site, are solely between you and such other sites. We will not be liable or responsible for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of links to other sites on the Site.

6          FEES

6.1       Fees may be payable for access to the Site (or certain parts of the site) or for access to certain content on the Site. You will be notified of the relevant fees when you register to use the Site or when you seek to access the content or parts of the Site that fees are payable in respect of.

6.2       You agree to pay any applicable fees to us using a payment method accepted by us in accordance with the payment terms that we notify you of when you register for Site or content access.

6.3       We may increase or otherwise change the fees from time to time by giving you 30 days notice of the increase.

6.4       If you fail to pay any fees (including if any payment method you use to pay the fees expires or is declined), we may suspend your access to and use of the Site and content, until the relevant fees are paid in full. You acknowledge and agree that we are not required to provide you with prior notice of any such suspension and we will not be liable for any loss you suffer in connection with such suspension,

6.5       All fees or other amounts payable by you in connection with these terms and conditions do not include an amount for GST. If GST is payable on any supply made by us under these terms and conditions, you must pay to us, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply.

7          USE OF THE SITE IS AT YOUR RISK

7.1       Subject to clause 7.2, you use the Site at your risk and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

7.2       If a jurisdiction does not allow the exclusion of implied warranties in accordance with clause 7.1 but allows limitations of a certain maximum extent then we limit our warranties to that extent.

8          LIMITATION OF LIABILITY

8.1       To the extent permitted by any Applicable Law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

8.2       If a jurisdiction does not allow the exclusion or limitation of liability in accordance with clause 8.1 but allows a limitation of a certain maximum extent then our liability is limited to that extent.

9          GENERAL PROVISIONS

9.1       If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

9.2       This agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

9.3       We may change, modify, add or remove any part of these Terms and Conditions, change, modify, add to or remove any material contained on the website or any other aspect of the website without notice or liability. It is your responsibility to regularly check these Terms and Conditions to ensure you are familiar with their current form. Your continued use of the website constitutes your acceptance of any changes to the Terms and Conditions.

9.4       In using the site, participating school(s) agree to inform parents (utilising communication processes required under school policies) of students participation in ARTS:LIVE. If so required, The Song Room can draft a brief information article for inclusion in the school newsletter.