TERMS OF USE

INTRODUCTION

Welcome to the StageCenta website.

The StageCenta website at http://www.stagecenta.com (the Site) and StageCenta mobile application (the Application), provide a content hosting service that allows theatre companies, theatre groups and productions to list their shows and make use of the StageCenta interactive features. Actors and production team members can also have their own personal profiles which are linked to shows produced by these theatre companies and groups. The Site and the Application are collectively referred to herein as the Products.

IMPORTANT NOTICE

1. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING THE PRODUCTS, USING ITS CONTENT OR OBTAINING SERVICES THROUGH OR IN RELATION TO IT.
2. THIS IS A LENGTHY DOCUMENT BUT CONTAINS IMPORTANT INFORMATION HAVING LEGAL EFFECT.
3. BY ANY ONE OR MORE ACTS OF ACCESSING OUR PRODUCTS, USING ITS CONTENT OR OBTAINING SERVICES THROUGH OR IN RELATION TO IT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, INCLUDING WITHOUT LIMITATION, OUR PRIVACY POLICY. 
4. IF YOU CONTINUE TO THE PRODUCTS, USE ITS CONTENT OR OBTAIN SERVICES THROUGH OR IN RELATION TO IT, THIS INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. 
5. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR PRODUCTS, ITS CONTENT OR ITS SERVICES. 

PURPOSE & PARTIES

These terms and conditions of use (Terms of Use) govern access to the StageCenta website and the StageCenta mobile application, the use (such use including but not limited to downloading, storage, copying and transmission) of any content held on or otherwise in relation to the Products (such content including but not limited to digitised sounds, text, images and other data) (Content), and the obtaining of any services or facilities made available through or in relation to the Products or the Content (Services).

These Terms of Use apply to any person(s) (including but not limited to individual(s), unincorporated association(s), incorporated association(s) or corporation(s)) doing any one or more of accessing the Products, using Content or obtaining Services (you, your or user).
 
The Site and Application is owned and operated by Inbizecom Pty Ltd (ACN 092 284 029) trading as StageCenta (we, our, us or StageCenta).
 
You acknowledge that the Services may be provided by us, on our behalf or directly from other parties. You acknowledge that portions of the Content are either owned by or exclusively licensed to us (including but not limited to the Products markup language coding and inline graphical data) (StageCenta Content) whilst other portions are owned by other parties, including but not limited to other users.  

BINDING EFFECT

By accessing the Products, using the Content or obtaining the Services at any time, you represent and warrant that:  

1. you are agreeing to be bound by these Terms of Use such that there exists a legally enforceable agreement between you and us (Agreement);
2. if you are aged 18 years or over, that you are able to form legally binding contracts under applicable Australian law;
3. if you are 18 years or younger, that you may only use the Site under the supervision of a parent or guardian who manages your use and/or account and is subject to this Agreement; and
4. if you are doing so on behalf of any other person(s), you are duly authorised to enter into the Agreement on behalf of the relevant person(s), that the relevant person(s) will abide by the provisions of the Agreement and the relevant person(s) will indemnify us against their failure to abide by the provisions of the Agreement.

MODIFICATIONS

We may modify these Terms of Use at any time and such modifications will be effective and binding as soon as they are published to the Products. By continuing to use the Products after these Terms of Use have been modified, you agree to be bound by the modifications. You acknowledge and agree that it is your sole responsibility to acquaint yourself with the Terms of Use and that you must review these Terms of Use from time to time (a copy of the current Terms of Use is available at the Site and Application).  

PHOTO UPLOADING & STORAGE 

These Terms of Use govern your access to the Products, use of Content and obtaining of Services. If you wish to upload digital or digitised images (photos) to the Products, you must become a registered user of the Products and you must also agree to the supplementary terms and conditions relating to photo uploading (Photo Upload Agreement or PUA, located at https://stagecenta.com/PhotoUploadAgreement.aspx). You warrant and represent that you will not upload or attempt to upload photos to the Products without entering into the PUA and abiding by the PUA's provisions. If you upload or attempt to upload any photos to the Products without entering into the PUA or in breach of the PUA's provisions, then in addition to any other rights or remedies we may have under or in relation to either this Agreement or the PUA, we may suspend or terminate any one or more of your registrations on and memberships of the Products, your access to the Products, your further use of Content and your further obtaining of Services without notice and without liability.    

Due to storage limitations photos maybe archived and not made available. You acknowledge and agree that we are not liable for any loss or damage arising from or in relation to storage capacity limitations, including but not limited to deletion of photos from our servers. You agree that your act of uploading photos to the Products and continued use of the Products is undeniable evidence of your acceptance to such storage constraints and limitations.  

You will indemnify us and our directors, officers and employees against any action, claim, damages, liability, costs and expenses arising out of the loss, deletion, unavailability or corruption of any photos you upload to the Products.

You acknowledge and agree that we may charge users for any portion of the Services, including but not limited to charging for storage and imposing monthly account fees.

PRIVACY & CONFIDENTIALITY

To the extent that we acquire any personal information relating to you (your personal information) as defined under the Privacy Act 1988 (Cth.) and other applicable Australian laws, we will abide by our Privacy Policy as amended from time to time and as published on the Products (the current Privacy Policy, located at https://stagecenta.com/privacypolicy.aspx). The operative provisions of our current Privacy Policy form supplementary terms and conditions to this Agreement. You acknowledge and agree that it is your sole responsibility to acquaint yourself with the current Privacy Policy and that you must review it from time to time.  

We will keep your confidential information confidential and we will only use or disclose it for our reasonable purposes under or in relation to these Terms of Use or otherwise as required by law. You will keep our confidential information confidential and you will only use or disclose it for your reasonable purposes under or in relation to these Terms of Use or otherwise as required by law.

USERS, MEMBERSHIP AND USAGE

You acknowledge that:

1. users may be individual or group (including but not limited to unincorporated associations, incorporated associations, partnerships or corporations) provided that, in the case of group users, the relevant members meet collectively from time to time to pursue one or more common interests (usually theatre or performance related);
2. users may be unregistered or registered;
3. registered users may acquire privileges from us including but not limited to use of additional Content and obtaining additional Services; and
4. registered users acquire membership of the Products, which membership is a privilege and not a right and which membership can, along with registration, be suspended or terminated under the provisions of these Terms of Use.  

Accordingly, subject to the provisions of this Agreement (and, for the avoidance of doubt, also subject to the provisions of the PUA in relation to uploading of photos and related activities):

1. all users may browse the Site;
2. all registered users may maintain and update their personal details and information on the site;
3. users that are aged 18 years or over may seek special registration by us as a Theatre Company, Theatre Group, Theatre Venue or Publicist so that they may list shows they are producing or promoting and make available content to other users through the Products and carry out ancillary activities, including but not limited to creating a theatre company or group profile on the Products, upload photos, run competitions and maintain blogs;
4. users that are aged 18 years or over may seek special registration as an Actor or Production Team Member (Creative), for oneself, on behalf of a minor or any other person(s) who have authorised you to create such account, so that they may accept or decline listings in Theatre Company, Theatre Group or Theatre Venue productions, maintain their profile and use other facilities provided by the Products;
5. users that are aged 18 years or over may seek special registration as a Media Representative for oneself, on behalf of a minor or any other person(s) who have authorised you to create such account, so that they may add media links to shows, maintain their profile and use other facilities provided by the Products; and
6. users that are aged 18 years or over may seek special registration as a General Member for oneself, on behalf of a minor or any other person(s) who have authorised you to create such account, as to maintain their profile and use other facilities provided by the Products.

We maintain the right to change, suspend, or discontinue all or any part of access to the Products (and any use of Content or obtaining of Services contingent upon such access) at any time, without prior notice or liability. You acknowledge and accept that access to the Products (and any use of Content or obtaining of Services contingent upon such access) may at times be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of communication links or other equipment outside of our control.   

You acknowledge and agree that advertising may appear on the Products, and you hereby consent to have your User Content presented on the same page as such advertisements as we or our affiliates may serve from time to time. You also acknowledge and agree that we may store and access personal information about you in the form of "cookies" for advertising, usage tracking and other purposes relating to operation of the Products, use of Content and provisions of Services, and that if you prohibit or restrict the use of such cookies, then your use of the Products, Content and Services may be limited or otherwise adversely affected.    

You acknowledge and agree that it is your sole responsibility to install anti-virus software and related protections against viruses and other programs or software with destructive properties that may be obtained by use of our Products. You are also solely responsible for creating backup copies of and replacing any User Content you post on the Products. We are not responsible for any loss, deletion, failure to store, mis-delivery or untimely delivery of any User Content you post to the Products.

RELATIONSHIP OF ACTORS AND PRODUCTION TEAM MEMBERS WITH THEATRE COMPANIES AND THEATRE GROUPS

We do not monitor, control, verify, research or validate theatre companies or theatre groups on the Products, nor does it endorse any theatre company or theatre group and their capabilities due to the existence of their profile on the Products. Our acceptance of a theatre company or theatre group at registration is not in any way a representation, warranty or guarantee that the registering theatre company or theatre group has any production skills, but is only intended to collect identifiable registration information and allow the user to create a theatre company or theatre group profile on the Products.      

You acknowledge that each theatre company or theatre group is entirely responsible for any action he or she performs whether through the Products or offline. If you are a theatre company or theatre group, you will be held personally liable for any damages or harm caused by your behaviour in connection with actors or production team members who you have engaged for your production.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT INVOLVED IN THE CREATION OF A SHOW OR PRODUCTION, THE CREATION OF A LISTING OF AN ACTOR OR PRODUCTION TEAM MEMBER FOR A SHOW OR PRODUCTION, AND THEREFORE WE CANNOT VERIFY OR ASSURE, NOR DO WE REPRESENT OR WARRANT: (i) THAT THE SHOW OR PRODUCTION DESCRIPTION AND DETAILS ARE NOT MISLEADING; (ii) THAT THE LISTING BY A THEATRE COMPANY OR THEATRE GROUP IS REPRESENTATIVE OF THEIR SKILLS; (iii) THAT THE THEATRE COMPANY OR THEATRE GROUP HAVE NOT MISREPESENTED THEIR IDENTITY OR SKILLS; (iv) THAT THE THEATRE COMPANY OR THEATRE GROUP WILL PRODUCE THE SHOW THEY HAVE LISTED AND ACT LAWFULLY AT ALL TIMES.

Any disputes between actors, production team members and theatre companies or theatre groups remain solely between actors, production team members and theatre companies or theatre groups. You acknowledge and agree that we not be a party to such dispute and we are not obligated to take any action towards resolving any such dispute. The maximum involvement that we will have during such disputes is to hide (remove from public view) show listings and albums on the theatre companies, theatre group, actors or production team member's profile pages, when appropriate. We do not accept any responsibility or liability in respect to your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with an actor, production team member, theatre company or theatre group (as the case may be) in any way arising out of or in any way connected with your dealings on or through the Products.
 
You agree to defend, indemnify and hold us harmless and our directors, officers and employees against any action, claim, demands, liability, costs and expenses, loss or damages (actual, special, direct, indirect, incidental or consequential or punitive) of every kind and nature, known and unknown, arising out of, including but not limited to:

1. any actor's or production team member's conduct of behaviour in any dealings, whether on the Products or offline;
2. any group's or theatre company's conduct of behaviour in any dealings, whether on or through the Products or offline;   
3. the loss of photos or User Content from the Products;
4. the unavailability of photos;
5. your dissatisfaction with the uploaded photos, including, but not limited to the number of photos uploaded, photo quality, size, or subject matter;
6. any disputes you have with another user; or
7. any claims relating to any user encountered through or in relation to the Products.  

REGISTRATION

In consideration of your use of the Products, you agree to provide accurate, complete and current information at the time of registration, and agree to maintain its accuracy and completeness at all times. You agree not to use a false or misleading name or a name you are not authorised to use. You may not use a name that violates any third party's trade mark or other proprietary right, which is or may be illegal to use, and may cause confusion to the person's identity, group's identity, company's identity or association with other entities.

The information that you provide at registration will be used by us to create a Products user profile and account and for our other purposes in connection with these Terms of Use. You acknowledge and agree that we may access, preserve and disclose your registration information and User Content if we are required to do so by law or in the good faith belief that such action is necessary to: (i) to conform with legal or administrative requirements; (ii) to enforce this Agreement; (iii) to respond to claims that any User Content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property or personal safety of StageCenta, its users and the public.   
 
We have absolute discretion as to whether or not we accept a particular user's registration or its continued participation on the Products. Any user names deemed by us to be vulgar or otherwise offensive may require immediate name change or deletion of such profiles and accounts. Any users whose profiles and accounts have been terminated may not access the Products for any reason without receiving our express written permission. Active users may not knowingly allow suspended or terminated users to use their user profile or account.

If you are seeking to register on behalf of another person, you are specifically prohibited from registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any user if you are not expressly authorised by such party to do so.

You are entirely responsible for maintaining the security and confidentiality of your Products password, and/or access code and identification. You agree to accept all responsibility for any and all activities that occur under your Products profile and account, and agree that we are not responsible for any losses incurred in connection with your profile and account. You accept all risks of unauthorised access to your registration information, and must notify us immediately of any unauthorised use of your passwords, profile, account or other breach of security.   

Theatre companies or theatre groups are limited to one profile and account and therefore may only create one profile page. Theatre companies and theatre groups that require additional profiles pages will need to register under a new name which is dissimilar to the first, and for the purpose of the Products they will be treated as separate entities. Theatre companies and theatre groups are responsible for providing accurate, complete and current information on their profile pages.  
 
Theatre companies and theatre groups may be refused registration, have their registration and membership terminated and have their access to the Products, use of Content and obtaining of Services terminated at any time without notice if their company or group promotes, or is perceived to promote, illegal or anti-social aims, objectives and activities including, but not limited to violence, racism, cruelty to animals, irresponsible consumption of alcohol, use of illegal drugs, pornography, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or things likely to incite hatred or violence. We reserve the right to determine whether a company or group is suitable for inclusion on the Products.   

We are not responsible for the distribution of the theatre company or theatre group's access code to their members, nor are we responsible for any user's failure to make the access code available to their other members.

Where a theatre company or theatre group's preferred registration name has already been registered, you acknowledge and agree that the only solution is to register under another name that resembles the preferred name but which has not already been registered by another company or group.

We will not become involved in internal grievances or disputes between theatre company or theatre group members and their representatives as to who may register on behalf of the company or group. You acknowledge and agree that determination is between company and group members and their representatives as to who may register on their behalf. Further to this, we will not become involved in internal grievances or disputes between the representative who registers the company or group and their other members for any matter relating to the Products.

GENERAL PROHIBITED CONDUCT

You must not:     

1. use the Products for any activities or post or transmit to or via the Products, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any applicable standards or codes;
2. attempt to gain unauthorised access to any user profiles or accounts, computer systems or networks associated with the Products;
3. use another's name, username or password without due authorisation;
4. tamper with, hinder the operation of, or make unauthorised modifications to the Products;
5. knowingly transmit any viruses, worms, Trojan horses or other malware via the Products;
6. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Products unless given permission;
7. modify, adapt, translate, or reverse engineer any portion of the Products;
8. remove any copyright, trade mark or other proprietary rights notices contained in or on the Products;
9. reformat or frame any portion of the web pages that are part of the Products;
10. create user accounts by automated means or under false or fraudulent pretences;
11. use the Products to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;   
12. take any action that imposes, or may impose in our sole opinion, an unacceptable or disproportionately large load on our IT infrastructure;
13. access the Products, Content and online Services except through the interfaces provided by us;  
14. obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Products;
15. access the Products, use Content or obtain Services otherwise than in accordance with these Terms of Use; or  
16. attempt any of the above acts or permit another person to do any of the above acts.

USER CONTENT PROHIBITED CONDUCT

When posting User Content on the Products:

1. you agree to only post relevant User Content;
2. you must not post User Content that is unlawful or prohibited by these Terms of Use;
3. without limiting your obligations, you agree that it is an express condition of posting User Content to the Products that you will not post the same message or material more than once unless there is an upload failure.  

Prohibited User Content is any User Content which comprises, contains, links to or otherwise references:

1. material which is defamatory, infringing, obscene, threatening, abusive, pornographic, sexual, indecent, offensive, discourteous or unprofessional;
2. material that exploits children or minors, including but not limited to nudity or partial nudity;
3. material that contains viruses, Trojan horses, worms, malicious script or other corrupted files or malware that may damage or inhibit the Products’ operations, or damage or disable any software or hardware;
4. material that advertises, solicits offers or offers to sell goods or services or conduct or forward surveys (including but not limited to SPAM and junk emails), contests or chain letters;
5. material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. material that promotes any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
7. material that is likely to incite hatred or violence against any person or group;
8. material that infringes any copyright, trade mark, patent, other intellectual property rights or trade secrets;
9. material that is likely to harass, stalk, upset, embarrass, alarm or infringe another's rights of publicity, confidentiality or privacy;
10. material that is likely to deceive any person, impersonate any person, or misrepresent your identity or affiliation with any person; or
11. material which otherwise violates the legal rights of others, is unlawful, promotes and assists any unlawful acts, or beaches any applicable laws or legislation.

We do not undertake any obligation to control, research, verify, validate, or approve User Content posted on the Products. However, we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable laws and we may at our sole discretion notify law enforcement authorities if we discover anything we reasonably believe unlawful on or happening through the Products. Furthermore, although we have no obligation to screen, edit or monitor any User Content posted on the Products, we reserve the right in our sole and absolute discretion to remove, screen or edit any User Content posted on the Products at any time and for any reason without notice.     

GUIDELINES FOR REVIEWS

We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 

MOBILE APPLICATION LICENSE

Use License

If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Application, such as banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to copyright laws, and you understand and agree there will be no refund or other compensation for copyright takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

OUR INTELLECTUAL PROPERTY RIGHTS (IPRS)

You acknowledge and agree that your access to the Products, your use of the Content and your obtaining of the Services confers no right or licence upon you in respect of the use, reproduction or other exploitation of any intellectual property (including but not limited to copyrights, patents, trade marks, designs and any applications or registrations relating to the same) or trade secrets embodied in the Products except to the limited extent expressly provided in these Terms of Use.  

In relation to copyright in the Content, except to the extent provided otherwise in these Terms of Use, you agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any or all of the Products or Content without the prior permission of the relevant copyright owner.  

You may not use our logo or other trade marks or any trade marks similar to our trade marks without our prior written permission, including but not limited to use in domain names, metatags or keywords. The names of other companies, products or service names, brand names or logos displayed in the Products are the trade marks of their respective owners.  

We respect the intellectual property rights of others and expect users to do the same. However, you agree that we are not responsible for any violations of any intellectual property rights in any photos or User Content posted or uploaded to the Products. You understand that by using the Products and its services that your photos and User Content may be publicly available to others and that we have no obligation to prevent unauthorised copying, dissemination or other use.  

If you believe that any User Content or photos shown or transmitted through the Products contains or comprises a copyright infringement, please provide us with a notice containing:  

1. a physical or electronic signature of the copyright owner or person authorised to act on behalf of the copyright owner;
2. a description of the copyrighted work or works that you claim have been infringed (if possible, please provide us with a location where the original or an authorised copy of the copyrighted work exists, such as the URL of where it is lawfully posted);
3. a description of where the material that you claim is infringing is located on the Products (please provide the exact URL on our Site);
4. information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
5. a statement that you have a good faith belief that the use of the material you identified is not authorised by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

You may also provide us with a notice in respect of other complaints in relation to the Products and to User Content but you expressly acknowledge the limitations on our ability act as set out in these Terms of Use whether in relation to User Content prohibited conduct or otherwise.
 
Please note that due to security concerns, email attachments cannot be accepted. Furthermore, you acknowledge that if you fail to comply with all of the above requirements, then your notice may not be valid.

Please send your correspondence to:
Copyright Matters
c/o Inbizecom Pty Ltd
PO Box 95
Jamison ACT 2614
Canberra, Australia

We may give notice of a claim of copyright infringement or other complaint by means of a general notice on the Products, electronic mail to a user's e-mail address, or by written communication sent by registered mail to a user's address.  

It is often difficult to determine if your intellectual property rights or other rights arising under or in relation to these Terms of Use have been violated. We may request additional information before we remove the allegedly infringing, unlawful or prohibited User Content or photos. If a dispute develops as to the correct owner of the User Content or photos in question, we reserve the right to remove the User Content or photos of all disputing parties. We further reserve the right, in our sole discretion, to suspend or terminate profile and accounts of users who infringe the copyright, other intellectual property rights or other rights of StageCenta and/or others.

SUSPENSION & TERMINATION

We may suspend or terminate any registration, membership, user profile or account at any time without notice and without liability and for any reasons or no reason. We will act to suspend or terminate where in our sole opinion that the relevant user or group has caused or permitted (i) falsification of registration information; (ii) failure to comply with these Terms of Use or any associated policies; (iii) actions which may cause legal liability to you, other users or StageCenta; or (iv) actions are contrary to the interests of the Products and user community.   

If suspended or terminated, you must not continue to use the Products under the same profile and account, under a different profile and account, or reregister under a new profile and account. Even after termination, irrespective of the cause, provisions capable of surviving such termination, including payment, privacy and confidentiality, will apply.

We may also refuse, limit, suspend or terminate Services or Content to any user without notification and without liability.
 
Your only right with respect to any dissatisfaction with the Products, the Content, the Services, payment rates and methods, terms and conditions associated policies, Products’ content, or change therein, is to terminate your registration, membership, profile and account.

You may terminate your registration, membership, profile and account by contacting us by email. Actors and production team members must provide us with the correct password to complete the process. As you are required to keep your passwords confidential at all times, the disclosure of a correct password to us as part of this process will satisfy us that you are the actual account holder.

In order to terminate, theatre companies and theatre groups must provide us with the correct password and you must be the company or group's representative identified in the registration details to be able to authorise the closure. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of your profile and account termination where a correct password or access code has been provided, and where the company or group's identified representative has authorised the termination.

OTHER WEBSITES & SERVICE PROVIDERS

The Products may provide links to websites of other parties. The Products only act as a portal for accessing these websites and we have no liability based on, or related to, other parties' content on the Products or the linked websites, whether arising under copyright or other intellectual property rights, defamation, libel, privacy, obscenity, or any other applicable laws. We neither control nor review websites linked from the Products; as a result, we cannot endorse the information, content, services, products, practices or policies of those websites. We make no representations or warranties regarding the accuracy or completeness of the content, information, or opinions of the other parties' websites or their information displayed on our Products. You visit these websites and use the information contained therein at your own risk.    
  
Your participation, correspondence or business dealings with any parties found on or through the Products, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties. You warrant and represent that we are not responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings with such parties.

CONTACTING US

Except where otherwise directed in these Terms of Use, you may email us at the email address provided at the end of this document. However, you acknowledge that the Internet is not a fully secure medium and communications may be lost, intercepted or modified. We are not liable for any damages relating to communications between you and us.

Except to the extent otherwise provided in these Terms of Use, for any communication you send to us by email, you agree that: (i) it is truthful, (ii) it is not confidential, (iii) we may use, disclose, copy or distribute the information, or use any ideas, concepts or know-how contained in the email for any purpose without compensation; and (iv) we have no obligation concerning your information.

GENERAL INDEMNITIES

You agree to defend, indemnify and hold harmless us and our officers, directors and employees against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyer or attorneys' fees) arising out of or related to: (i) your breach of these Terms of Use; (ii) your use of the Products, or alleged use of the Products under your user name by any person, whether or not authorised by you; (iii) your connection with the Products’ services; (iv) your inability to use the Products and Services; (v) any photos, group content or other material that you post, upload, store or otherwise transmit on or through the Products; (vi) your decision to list shows or productions; (vii) your use or the inability of use of any photo; (viii) your failure to abide by any restrictions regarding the use of a photo; (ix) any claim by a third party related to your use of a photo; (x) any claims related to other parties you encounter through the Products; (xi) your breach of any representation or warranty contained herein; (xii) any claims related to your interaction between you and another user, whether through the Products or offline; or (xiii) your violation of any law or rights of a user or third party.    

We reserve the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

DISCLAIMERS

THE PHOTOS AND SERVICES PROVIDED ON THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PHOTOS, THE PRODUCTS, ITS SERVICES, OR ANY RIGHTS OR LICENCES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.   

STAGECENTA DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE PRODUCTS, ITS SERVICES OR PHOTOS; NOR DOES STAGECENTA REPRESENT OR WARRANT THAT THE PRODUCTS, ITS SERVICES OR PHOTOS WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE FREE FROM VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. STAGECENTA IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH DESTRUCTIVE OR HARMFUL SOFTWARE, PROGRAMS, VIRUSES OR FILES THAT MAY INFECT OR OTHERWISE IMPACT ON YOUR PERSONAL COMPUTER, MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE PRODUCTS OR DOWNLOADING ANY MATERIAL FROM THE PRODUCTS.  

STAGECENTA MAKES NO WARRANTY THAT THE PRODUCTS, SERVICES OR PHOTOS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

STAGECENTA MAKES NO WARRANTY WITH RESPECT TO THE VALIDITY, ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILITY OR AVAILABILITY OF INFORMATION, CONTENT OR MATERIALS DISPLAYED ON STAGECENTA. FURTHERMORE, STAGECENTA MAKES NO WARRANTY WITH RESPECT TO THE VALIDITY OR CORRECTNESS OF ANY INFORMATION REGARDING PROPER LEGAL USE OF ANY PHOTO. USERS ARE RESPONSIBLE FOR CONSULTING THEIR OWN ATTORNEYS TO DETERMINE THE LEGAL USE OF PHOTOS FOR PARTICULAR PURPOSES. STAGECENTA ASSUMES NO RESPONSIBILITY FOR ANY ACTIONS OR LIABILITIES ARISING FROM THE POSSESSION OR USE OF PHOTOS ON OR FROM THE PRODUCTS.  

STAGECENTA DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY LINKS OR ADVERTISEMENTS AVAILABLE ON THE PRODUCTS, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH SUCH LINKS.  

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY OF THE SERVICES OR CONTENT CONTAINED THEREIN OR RELATED THERETO.  

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT ARE STAGECENTA, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, ATTORNEY'S FEES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF INCOME, PROFITS OR BUSINESS OPPORTUNITIES), ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE OR ACCESS THE PRODUCTS AND ITS SERVICES; (iii) THE CONTENT IN OR ACCESSED THROUGH THE PRODUCTS; (iv) THE USE OF PHOTOS, OR THE UNAVAILABILITY OF THE SAME, (v) YOUR RELIANCE OF ANY INFORMATION PROVIDED ON THE PRODUCTS; OR (vi) ANY OTHER MATTER RELATING TO THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.     

NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY ANY USER, OR ANY DEFAMATION, SLANDER, LIBEL, OBSCENITY, FALSEHOODS, PORNOGRAPHY, INDECENCY, LEWDNESS, HARRASSMENT, THREATS, ABUSE OR PROFANITY YOU MAY ENCOUNTER IN USING THE PRODUCTS. YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT STAGECENTA AND ITS AFFILIATES HAVE NO RESPONSIBILITY FOR THE LEGALITY OF ANY USERS' ACTIONS.  

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE PRODUCTS AND ITS SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF:  

1. ANY FEES COLLECTED BY STAGECENTA FROM YOU FOR USING THE SERVICES OF THE PRODUCTS; OR
2. ONE HUNDRED ($100) AUSTRALIAN DOLLARS.  

WHERE ANY APPLICABLE LEGISLATION SUCH AS THE TRADE PRACTICES ACT 1974 (CTH.) IMPLIES INTO THIS AGREEMENT ANY CONDITION OR WARRANTY AND THAT LEGISLATION VOIDS OR PROHIBITS THE EXCLUSION OF THE SAME, OUR LIABILITY FOR BREACH IS LIMITED TO, AT OUR OPTION, EITHER (A) THE RESUPPLY OF THE RELEVANT CONTENT OR SERVICES OR (B) THE REASONABLE COST OF HAVING THE RELEVANT CONTENT OR SERVICES RESUPPLIED.

WAIVER

Our failure to insist upon or enforce strict performance of any provision of this Agreement is not to be construed as a waiver of any provision or right. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.

APPLICABLE LAW

This Agreement is made under the laws of the Australian Capital Territory and any claims or disputes of any kind whatsoever arising under or in relation to this Agreement are governed by those laws. You irrevocably consent and submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any courts competent to hear appeals from those courts in relation this Agreement and any claims or disputes arising under or in relation to this Agreement.

TICKETING

To see the StageCenta ticketing terms and conditions, visit https://stagecenta.com/TicketTandC.aspx

To see the StageCenta terms and conditions for event/show organisers, visit https://stagecenta.com/TicketAgreement.aspx

MISCELLANEOUS

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If any terms or provision in this Agreement is unenforceable for any reason, that portion is deemed severed and the remainder of this Agreement shall remain in full force and effect.

QUESTIONS AND CONTACT INFORMATION

Questions or comments about the Products or this Agreement may be directed to StageCenta via email: contact @ stagecenta.com

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