Effective Date
These Terms were last updated on 1 March 2021.
Please read these Terms carefully before registering or using the Service. If you do not accept these Terms, then you may not use the Service. These Terms are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes. These Terms also incorporate the terms contained in the Privacy Policy.
Use of the Service
You may use this Service solely for personal and non-commercial purposes and you have to comply with these Terms, all applicable laws, rules and regulations. The Service is for social engagement and entertainment purposes only.
It is our goal that the Service will be available to users 24 hours a day, 7 days a week, but we cannot guarantee such availability. We will not be liable for any delay or temporary disruption in access, no matter for how long.
User Content
The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “User Content”). You hereby grant Company a non-exclusive, irrevocable, perpetual and worldwide license to use, adapt, republish, copy, store, sell, distribute, communicate to the public, perform and distribute your User Content, including any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you, as part of the Service or in support of the Service through advertising and marketing.
You represent and warrant that nothing contained within the User Content would require Company to seek permission of a third party in order to use the User Content as described in these Terms. You also consent to the doing of (or omitting to do) any acts in respect of the User Content which may otherwise constitute an infringement of your moral rights. Any User Content uploaded to the site will be deemed non-confidential.
Company requires all of its users to be respectful of other people. If you notice any violation of these Terms or other unacceptable behaviour by any user, you should report such activity to info@afrocentrikfest.com.au
You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any content you access from other users of the Service.
The categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not User Content is acceptable for the Service and any User Content that, in Company’s sole discretion, is found in breach of these Terms (including this Acceptable Use Policy) or is otherwise unacceptable may be removed from the Service.
Without limitation, you will not post or transmit to other users any User Content that:
- is defamatory, abusive, obscene, profane or offensive
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service)
- violates any party’s right of publicity or right of privacy
- is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual
- promotes or encourages violence or contains sexually explicit material
- is inaccurate, false or misleading in any way
- is illegal or promotes any illegal activities
- contains personal information of any party such as phone numbers, addresses, car registration numbers etc
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- or contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Company is under no obligation to screen or monitor User Content (unless so required by law), but it may review User Content from time to time, at its sole discretion, to review compliance with these Terms. The Company may include, edit or remove any User Content at any time without notice.
You understand that when using the Service, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
Prohibition of use of automated crawling techniques
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorisation and access granted to you under these Terms. You may not resell use of, or access to, the Service to any third party.
Termination of Service and Service Access
We reserve the right to change the contents of the Service or to discontinue it at any time, as well as the right to deny access to the Service to any person whom we have reasonable grounds to believe may be using the site for an unlawful or unauthorised purpose or in a manner that may harm us.
Links to third party’s content
The Service may contain links to other websites not maintained by Company. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. Company encourages you to be aware that when you leave the Service, whether via a link on the Service or otherwise, and enter a third party website, you do so subject to that website’s terms and conditions and privacy policy. Company strongly advises you to read the terms and conditions and privacy policies of these third party websites. Company is not responsible for the practices or the content of such other websites or services and excludes all liability for any loss or damage suffered by you as a result of your use of the links and/or third party websites to the maximum extent permissible by law. Despite any links that might exist on the Service, Company does not endorse and is not affiliated with such third parties.
Our Proprietary Rights
Company or its licensors are the owners or licensees of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. You are not allowed to use, copy, distribute, modify or make derivative works of any of the described materials. Of course an exception is made with regard to the temporarily buffering of content while the regular use of the Service.
Indemnification and disclaimer
The Service is provided “as is.” We disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to any information contained on, accessible through or derived by you from the Service and with respect to any products or services purchased by you through this site. We likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using the Service. We neither warrant nor represent that the services or information available through this site will enable you to achieve any particular result or outcome, legal economic, education, or otherwise. We will not be liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues, lost profits, or loss of data arising out of your use of the Service. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees you have paid to us in connection with your access to this site and/or for products or services you have purchased from us through this site.
In case one of the above set disclaimers is invalid the Company is liable only in case of intent and gross negligence. In case of simple negligence, the Company shall incur liability for losses connected to injury to life, body or health.
You agree to indemnify Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) any breach by you of any of these Terms, (ii) User Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law and Arbitration
The laws of Australia shall govern all legal issues arising from or related to the use of the Service or these Terms and you consent to the exclusive jurisdiction of the courts located in Victoria, Australia.
Infringement Notice
If you believe that any content of this website violates your copyright, please send us a notice of copyright infringement via email – info@unexplored.com.au. It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the intellectual property rights of others.
Miscellaneous
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
The failure by brand to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms.
Brand’s rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit brand’s right to exercise any other right or remedy.
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