Terms of Use
Agreement between User and Dance Theatre
In this Agreement “Dance Theatre” means;
Dance Theatre
ABN 62 261 090 848
Bank Street,
Ascot Vale VIC 3032
Australia
its successors and assigns. The dancetheatre.com.au website is comprised of various web pages operated by Dance Theatre.
The dancetheatre.com.au website is offered to you conditioned on your acceptance without modification of the Terms of Use and notices contained herein. Your use of the dancetheatre.com.au website constitutes your agreement to all such Terms of Use and notices.
Modification of these Terms of Use
Dance Theatre reserves the right to change the Terms of Use and notices under which the dancetheatre.com.au website is offered including but not limited to the charges associated with the use of the dancetheatre.com.au website without notice.
Links to third parties
The dancetheatre.com.au website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dance Theatre and Dance Theatre is not responsible for the contents of any Linked Sites including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Dance Theatre is not responsible for webcasting or any other form of transmission received from any Linked Site. Dance Theatre is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Dance Theatre of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of the dancetheatre.com.au website you warrant to Dance Theatre that you will not use the dancetheatre.com.au website for any purpose that is unlawful or prohibited by these Terms of Use and notices. You may not use the dancetheatre.com.au website in any manner which could damage disable overburden or impair the dancetheatre.com.au website or interfere with any other party’s use and enjoyment of the dancetheatre.com.au website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the dancetheatre.com.au website.
Use of communication services
The dancetheatre.com.au website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). You agree to use the Communication Services only to post send and receive messages and material that are proper and related to the particular Communication Service. By way of example and not as a limitation you agree that when using a Communication Service you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know or reasonably should know cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others including e-mail addresses without their consent.
- Violate any applicable laws or regulations.
Dance Theatre has no obligation to monitor the Communication Services. However Dance Theatre reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dance Theatre reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Dance Theatre reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit refuse to post or to remove any information or materials in whole or in part in Dance Theatre’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dance Theatre does not control or endorse the content messages or information found in any Communication Service and therefore Dance Theatre specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Dance Theatre spokespersons and their views do not necessarily reflect those of Dance Theatre.
Materials uploaded to a Communication Service may be subject to posted limitations on usage reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Dance Theatre or posted at any Dance Theatre website
Dance Theatre does not claim ownership of the materials you provide to Dance Theatre (including feedback and suggestions) or post, upload, input or submit to any Dance Theatre website or its associated services (collectively “Submissions”). However by posting, uploading, inputting, providing or submitting your Submission you are granting Dance Theatre and its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission as provided herein. Dance Theatre is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dance Theatre’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
The information, software, products and services included in or available through the dancetheatre.com.au website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Dance Theatre and/or its suppliers may make improvements and/or changes to the dancetheatre.com.au website at any time. Advice received via the dancetheatre.com.au website should not be relied upon for personal, medical, business or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Dance Theatre and its suppliers make no representations about the suitability, reliability, availability or timeliness and accuracy of the information, software, products, services and related graphics contained on the dancetheatre.com.au website for any purpose. To the maximum extent permitted by applicable law all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. Dance Theatre and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law in no event shall Dance Theatre and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, data or profits arising out of any or in any way connected with the use or performance of the dancetheatre.com.au website, with the delay or inability to use the dancetheatre.com.au website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the dancetheatre.com.au website, or otherwise arising out of the use of the dancetheatre.com.au website, whether based on contract, tort, negligence, strict liability or otherwise, even if Dance Theatre and/or any of its suppliers has been advised of the possibility of damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or identical damages the above limitation may not apply to you. If you are dissatisfied with any portion of the dancetheatre.com.au website or with any of these Terms of Use your sole and exclusive remedy is to discontinue using the dancetheatre.com.au website.
Termination of access or restriction
Dance Theatre reserves the right in its sole discretion to terminate or restrict your access to the dancetheatre.com.au website and the related services or any portion thereof at any time without notice to you.
General
To the maximum extent permitted by law this agreement is governed by the laws of Hong Kong and you hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong in all disputes arising out of or relating to the use of the dancetheatre.com.au website. Use of the dancetheatre.com.au website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dance Theatre as a result of this agreement or use of the dancetheatre.com.au website. Dance Theatre’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Dance Theatre’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the dancetheatre.com.au website or information provided to or gathered by Dance Theatre with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein this agreement constitutes the entire agreement between the User and Dance Theatre with respect to the dancetheatre.com.au website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and Dance Theatre with respect to the dancetheatre.com.au website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn in English.
Copyright and Trademark notices:
All copy displayed on the dancetheatre.com.au website is the legal copyright of its respective owners and licensees.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious unless otherwise stated. Otherwise no association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and procedures for making claims of copyright infringement
Notifications of claimed copyright infringement under Australian copyright law should be sent to;
Dance Theatre
Bank Street,
Ascot Vale VIC 3032
Australia
Inquiries not directed to Dance Theatre in writing will not receive a response.