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Terms of Use

Last Updated 22 October 2021

This website, mobile website and any mobile phone apps (the “Website”) are owned and operated by ALWAYS LIVE LIMITED (ABN 56 647 318 456) of Level 27, Tower Two, Collins Square, 727 Collins St, Melbourne VIC 3008 (ALWAYS LIVE).

Access to and use of the Website, or any of its associated products or services, is provided by ALWAYS LIVE. Please read these terms of Use (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms, our privacy policy (Privacy Policy) and any other terms and conditions that appear in or are linked to the Website.

If you do not agree with the Terms, you must cease usage of the Website, or any of its products or services, immediately. 

ALWAYS LIVE reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. 

1. Definitions

In these Terms, reference to:

“Content” means this Website and in all of the material (including all text, graphics, logos, audio, video and software) made available on the Website;

“we”, “us”, “our” or “ALWAYS LIVE” is a reference to ALWAYS LIVE;

“User Content” means any content that you broadcast, publish, upload, transmit, post, distribute on the Website or content that you provide to ALWAYS LIVE for publication on the Website or its associated channels, including (without limitation) audio, video, images, information, comments, material or other content of any kind provided by you;

“Performance” means any single or combined performance, act, appearance or other live music event that is included in the official annual ALWAYS LIVE event program.

2. General Use

By using the Website, you agree to comply with the following: 

  • you will use the Website and any associated services only for purposes that are permitted by: 
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  • you have sole responsibility for protecting the confidentiality of any registration information you may use to access services;
  • you will not share any registration information with any other person; 
  • you must not expressly or impliedly impersonate another individual or use the profile or password of another user at any time; 
  • you will not use the Website in connection with any commercial endeavours except those that are specifically approved by ALWAYS LIVE;
  • you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that any form of unauthorised advertising or commercial solicitation will be removed without notice. Appropriate legal action will be taken by ALWAYS LIVE for any illegal or unauthorised use of the Website; and 

ALWAYS LIVE can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.

3. Our Copyright and Intellectual Property 

  • The Website, and all of the related products and services of ALWAYS LIVE are subject to copyright. The Content on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or used under license by ALWAYS LIVE;
  • ALWAYS LIVE retains all rights, title and interest in and to the Website. Nothing you do on or in relation to the Website will transfer any of the following: 
  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or 
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or to you. process).
  • The Content may only be used or reproduced by you with our express permission. No part of this website or Content may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent. This means that may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any Content that is not your User Content without our prior written consent.

4. Privacy 

ALWAYS LIVE takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to ALWAYS LIVE's Privacy Policy, which is available on the Website. 

5. General Disclaimer 

  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded;
  • Subject to this clause, and to the extent permitted by law: 
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and 
  • ALWAYS LIVE will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 
  • Use of the Website and any associated services is at your own risk. Everything on the Website and the services we provide are provided to you "as is" and "as available" without warranty or condition of any kind. None of the directors, officers, employees, agents, partners, sponsors, contributors and licensors of ALWAYS LIVE make any express or implied representation or warranty about the Content or any products or services (including the products or services of ALWAYS LIVE) referred to on the Website; 

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; 
  • the accuracy, suitability or currency of any information on the Website or any of its related products (including third party material, advertisements, program information and links to external websites displayed on the Website); 
  • costs incurred as a result of you using the Website, or any of the products or services of ALWAYS LIVE; and 
  • the operation in respect to links which are provided for your convenience. 
  • You acknowledge that ALWAYS LIVE holds no liability to you as a result of any conduct of other users or the misuse of Your Content by any party (including other users).

6. User Content & Consent

ALWAYS LIVE may invite users to submit User Content for display on the Website directly via the Website, or via ALWAYS LIVE’s social channels. User Content submitted to ALWAYS LIVE is subject to consents and restrictions.

Consents

  • By uploading, posting or submitting User Content for use on the Website you consent to, and grant us a non-exclusive, royalty-free, worldwide, revocable non-transferable, perpetual licence to, use, modify, adapt, delete from, add to, publicly display,  reproduce distribute and communicate, that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason), including editing, compiling and assembling video works, interstitials or the use of photographic works as underlying works compiled into moving image without limitation in any online media formats (including e-newsletters), through any social media channels, pages or accounts. 
  • If you have any moral rights in the User Content, you consent to us doing any act that but for this consent would be an infringement of those moral rights.
  • We do not claim ownership and copyright of your User Content. 
  • If User Content is used on ALWAYS LIVE’s Website or social platforms, your name and/or business will always be credited. We may also choose at our sole discretion to link back to your website or business social media profile.

Restrictions

ALWAYS LIVE reserves to right to refuse to publish or subsequently remove any User Content that, at ALWAYS LIVE’s sole discretion;

  • contains nudity, or depicts or in any way deals with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter;
  • would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity;
  • would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for ALWAYS LIVE, or violates any local, state, national or international law;
  • is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; or
  • would otherwise be in breach of these Terms.
  • You agree that where required by law, we shall be entitled to deliver or provide access to any User Content and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

7. Minimum Age

You warrant that you are over the age of 13.

8. Third Party Material and Links 

This Website includes information supplied by third parties. ALWAYS LIVE uses its best endeavours to keep the information included in this Website up to date, however the information, for example, performance date, time and venue, ticket prices and availability may change and all details should be confirmed with the venue or ticket provider. Inclusion in this Website is not an endorsement of the information or supplier of the information and ALWAYS LIVE makes no representations as to the accuracy or any other aspect of the information supplied by third parties or contained in third party website.

9. Privacy, Cookies, Data Matching, Pixels

You acknowledge that all personal information that we collect from you will be collected, handled and shared in strict accordance with our Privacy Policy. For more information about how we collect, manage and use data derived from cookies and other sources please see our Privacy Policy.

10. Liability

With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, any User Content,  the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms of Use.

11. Governing Law 

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

We acknowledge the Wurundjeri Woi Wurrung and Boon Wurrung peoples and the extended clans of the Kulin Nation as the Traditional Owners of the lands we gather on for ALWAYS LIVE. We recognise and celebrate their connection to songlines and Country, ceremony and story, and pay our respects to all Aboriginal and Torres Strait Islander Elders past and present.

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