The www.at2.com.au website, which incorporates
all pages on the Internet including the domain
name at2.com.au in the address of the page on
the Internet ("the Website"), is owned
and operated by Artist Technologies Holdings Pty
Ltd ("AT2"). Your access to the Website
is conditional upon your acceptance and compliance
with the terms, conditions and disclaimers contained
herein, and the Privacy Policy as well as any
other terms, conditions and disclaimers on any
page of the Website. Your use of the Website and/or
your application for Membership constitutes your
acknowledgement that you have read and agreed
to these Terms of Use.
AMENDMENT OF TERMS AND CONDITIONS
- 1. AT2 reserves the right to amend the Terms
of Use at any time without notice. Given that
these Terms of Use are subject to change, please
periodically refer to this document to acquaint
yourself with any changes. Any amendment shall
be effective immediately upon notice by email
and/or posting on the Website. Your continued
use of the Website constitutes an affirmative:
- acknowledgment by you to these Terms of
Use and any modifications; and
- agreement by you to abide and be bound
by these Terms of Use, including any modifications.
- Features currently in existence on the Website
are in no way a representation of future content.
AT2 reserves the right to add or remove features
to this site at its discretion.
ACCEPTABLE USE
- Your access to this Website will be restricted
by a username and password or other secure technology
("Member Profile"). You acknowledge
that you and/or your company are responsible
for all acts, instructions or requests made
by your Member Profile. You and/or you company
are responsible for loss caused by the use of
your Member Profile, whether carried out by
you or a third party. You agree to immediately
notify AT2 of any unauthorised use of your Member
Profile or any other breach of security of which
you become aware.
- If you are under 18 years of age, you must
obtain your parent or guardian's consent prior
to using the Website and/or applying for Membership.
- If you are an employee of a company or other
entity, you must have the authority to accept
these Terms of Use on behalf of your employer.
- Member Profiles may not be used to solicit
goods or services or publish any material containing
advertising without the written consent of AT2.
- When using the Website, you must be considerate
of the expectation and sensitivities of others
using the Website when posting material for
electronic distribution. You must not use the
Website for pornographic purposes, to impersonate
another person, misrepresent authorisation to
act on behalf of others or AT2, or for any illegal
purpose.
- You must not attempt to undermine the security
or integrity of the Website and must not attempt
to gain unauthorised access.
- You must not breach any privacy laws particularly
in respect of the release of personal details
available on the Website.
- You may not assign or transfer your rights
or benefits under these Terms of Use to any
other person or entity without the prior written
consent of AT2.
- AT2 reserves the right to use personal email
addresses for the purpose of billing and for
contact with the user from time to time, in
accordance with our Privacy Policy.
THIRD PARTY WEBSITES
- The Website may contain hyperlinks to third
party websites. Any hyperlinked website is provided
as a convenience only, and the inclusion of
any hyperlink does not imply any endorsement
of the linked website by AT2. Such third party
websites, including any products, services or
information contained therein are not provided
or under the control of AT2, and your legal
relationship is directly with the third party
website owner.
COPYRIGHT
- All material found on the Website, including
information, text, layout, design, graphics,
photographs, software, application logic and
process flow ("the Material"), is
Copyright AT2, and/or its licensors. The Material
is protected by both Australian and international
copyright and/or trade mark law. You must not
modify, copy, reproduce, frame, download, upload
to a third party, transmit or distribute the
Material in any way.
USER LICENCE
- 14. By placing any information or other material
on the Website (including but not limited to
posting messages, uploading pictures, resumes
or entering data), you grant to AT2 a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted,
worldwide licence to do the following in respect
of the information or material:
- use, copy, sublicense, redistribute,
adapt, transmit, publish and/or broadcast,
publicly perform or display, and
- sublicense to any third parties the unrestricted
right to exercise any of the foregoing rights
granted.
- The foregoing grant includes the right to
exploit all proprietary rights in any such information
or other material including but not limited
to rights under copyright, trademark, service
mark or patent laws under any jurisdiction worldwide.
You expressly grant in favour of AT2 and any
other party authorised by AT2 all moral rights
and any similar rights in any jurisdiction which
you may have or hereafter acquire in respect
of any relevant communication or other material.
At the request and expense of AT2, you will
execute and deliver to AT2 such instruments
and take such other actions as may be required
to carry out this grant of licence and waiver.
INDEMNITY OF LIABILITY
- To the maximum extent allowable under the
law of Australia, neither AT2 or its officers,
employees, agents or related bodies corporate
shall be in any way liable to you or any third
party in any way (including for negligence)
for any loss, damage, costs or expenses suffered
by you or claims made against you through your
use of the Website, or any failure to provide
use of the Website.
- You hereby agree to indemnify, defend and
hold AT2, its affiliates, subsidiaries, parents,
shareholders, directors, officers, employees,
agents and representatives ("the Service
Provider") harmless from and against any
and all claims, loss, damage, tax including
VAT, liability and/or expense (including but
not limited to legal costs) ("Claim")
that may be incurred by the Service Provider
or by you or by any third party that uses your
Member Profile.
- AT2's liability for a breach of any conditions
or warranty implied by the Trade Practices Act
1974 or any similar state or territory legislation
in Australia which cannot be excluded, is limited
to any one or more of the following determined
by AT2 in its sole discretion:
- in the case of goods:
- the replacement or repair of the
goods;
- the supply of equivalent goods; or
- the payment of the cost of replacing
the goods or acquiring equivalent goods
or repairing the goods; and
- in the case of services:
- supplying of the services again;
or
- the payment of the cost of having
the services supplied again.
- You hereby waive, release, forgive, discharge
and relinquish any and all Claims that you now
has or may have against the Service Provider
which are connected with, arise out of, relate
to or are incidental to use of the Website.
- You hereby agree to indemnify, defend and
hold the Service Provider harmless from and
against any and all Claims arising out of or
in connection with the performance of its duties
as described in these Terms of Use (except as
caused by its gross negligence or wilful misconduct)
including the legal costs, fees and expenses
of defending itself against any claim by any
or all of the parties to any transaction and/or
by any other person and/or as a result of you
taking any action or refraining from taking
any action or instituting or defending any action
or legal proceeding.
- You further agree to indemnify, defend and
hold the Service Provider harmless from any
Claim made by any third party due to or arising
out of your use of the Website, the violation
of these Terms of Use by you, or the infringement
by you, or other user of the Website using your
member profile, of any intellectual property
or other right of any other person or entity.
DISCLAIMER OF WARRANTIES
- You expressly agree that use of the Website
is at your sole risk. The Website and related
services ("the Service") is provided
on an "as is" and "as available"
basis. AT2 expressly disclaims any and all warranties
of any kind, whether express or implied, including,
but not limited to the implied warranties of
merchantability, fitness for a particular purpose
and non-infringement.
- AT2 makes no warranty that the Service will
meet your requirements, nor that the Service
will be uninterrupted, timely, secure, or error
free; nor does AT2 make any warranty as to the
results that may be obtained from the use of
the Service or as to the accuracy or reliability
of any information obtained through the service
or that defects in the software will be corrected.
- No advice or information, whether oral or
written, obtained by you from or through the
Service shall create any warranty not expressly
made in these Terms of Use.
SEVERABILITY
- If any one or more of the provisions of these
Terms of Use shall be invalid, illegal or unenforceable
in any event the validity, legality and enforceability
of the remaining provisions of these Terms of
Use shall not in any way be effected or impaired
and shall be valid and enforceable to the fullest
extent permitted by law.
TERMINATION
- AT2 reserves the right to refuse registration
or to cancel such a registration at its own
discretion without notice, whether or not your
conduct is inconsistent with these Terms of
Use.
- AT2 reserves the right to refuse access or
cancel such access to the casting application
at its own discretion.
- Member Profiles removed for contravening
the Terms of Use will not be eligible for a
refund of any subscription fees paid.
- Should you object to any of these Terms of
Use or any subsequent modifications thereto
or become dissatisfied with the Service in any
way, your only recourse is to immediately:
- discontinue use of the Service; and
- terminate your Membership by notifying
AT2.
LAWS
- These Terms of Use shall be governed by and
construed in accordance with the laws of the
state of Victoria, Australia, irrespective of
your country of residence. You and AT2 agree
to submit to the exclusive jurisdiction of the
courts of the state of Victoria, Australia.
- AT2's failure to exercise or enforce any
rights or provisions of these Terms of Use shall
not constitute a waiver of such right or provision
unless acknowledged and agreed to by AT2 in
writing.
The section titles in these Terms of Use are
solely used for the convenience of the parties
and have no legal or contractual significance.
For further information please contact us at
: info@at2.com.au
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