Yours and Owls
Welcome to the Yours and Owls website (the Website) (available at www.yoursandowlsfestival.com.au).
This Website is owned and operated by Yours & Owls Events Pty Ltd (ACN 631 645 291) (“Yours and Owls” or “us”).
IF YOU DO NOT AGREE WITH THE WEBSITE TERMS, YOU MUST NOT ACCESS, BROWSE, USE
OR PARTICIPATE IN ANY PART OR WHOLE OF THE WEBSITE OR ENGAGE/ACCEPT OUR
1.1 By using the Website you:
(a) signify your agreement to and acceptance of the Website Terms;
(c) warrant that you have the right and authority to enter into a binding contract with us, and are not prohibited from doing so under any applicable laws, rules and, regulations;
(d) warrant that the performance of anything you submit to or publish on the Website does not infringe the rights of any third party;
(e) warrant that each transaction requested by you relates only to the Services that you are entitled to receive through the Website; and
(f) warrant that you will at all times comply with the applicable federal, state, and local government laws and regulations when you use the Website and that you won’t violate (or cause us to violate) any applicable law, regulation, standard or relevant industry code.
1.2 If you are not 18 years or older you must not use the Website without your parent or guardian’s express consent. Your parent or guardian agrees to these Website Terms and undertakes to be liable for the same on your behalf.
1.3 We reserve the right to amend and update the Website Terms from time to time. We will post a notice of changes to the Website Terms on this Website by way of reflecting these changes in the most current version of the Website Terms, which are available for your reference via the link at the bottom of this site. However, we are under no obligation to provide you with individual notice of any changes. As such, we recommend that you regularly check the Website Terms for updates. Your continued use of the Website after such changes will signify your acceptance of the revised Website Terms. If you do not agree with any of the amended Website Terms then please do not continue to access or use the Website.
1.4 The Website, and all related computer systems, procedures, and databases created, operated, maintained or accessed by Yours and Owls or Affiliates (defined below) in connection with supplying the Services, contain proprietary and confidential information of substantial economic value to us and our Affiliates. You shall not make any unauthorised use, misuse, or disclosure of such information.
1.5 For the avoidance of doubt, the accuracy, completeness, and timeliness of all information provided to us by you via the Website are your sole responsibility. You are responsible for all activities occurring under your accounts that are due to your conduct or inaction. You are responsible for verifying the accuracy of transactions as entered and for information as received.
1.6 If you discover that you have obtained access to information on the Website that you do not have authority to access, you agree to immediately terminate such access and inform us at email@example.com
1.7 By requesting information through the Website, you consent to the transmission of the requested information (which may include mobile telephone unique identifier information) through the Website and assume all risks of such transmission.
1.9 We may, in our sole discretion, refuse to offer access to the Website to any person or entity and change the eligibility criteria for access to the Website at any time.
1.10 You acknowledge that you have obtained legal advice in relation to these Website Terms or have knowingly declined to do so.
2.1 The following definitions shall apply to the Website Terms:
(a) “Affiliate(s)” means any other person directly or indirectly controlling or controlled by or under direct or indirect common control with the person;
(b) “Authorised Representative” means any employee, agent, or other representative of Yours and Owls or an Affiliate of Yours and Owls;
(c) “Content” means any information, including but not limited to, articles, Documentation, Marks, images, charts, graphs, graphics, designs, photographs, audio and video clips, software, and HTML, XML and similar code.
(d) “Documentation” means, if issued by Yours and Owls, any tutorial, frequently asked questions, help files, and other information that may be made available by links on this Website or through a help desk on the operation and administration of the Website;
(e) “Marks” means trademarks, service marks, logos and names and titles, of and associated with Yours and Owls or an Affiliate of Yours and Owls;
(g) “User” means any person or entity using this Website, including, without limitation, users who are
contributors of content, information, and other materials or services.
3.1 The following rules of interpretation apply to the Website Terms and the Website:
(a) the singular includes the plural and vice versa;
(b) headings to clauses are included for the sake of convenience only and shall not affect the interpretation of the Website Terms;
(c) the word “person” means and includes a natural person, a company, a firm or any other legal entity including where that person is acting as a trustee;
(d) the words including and includes mean including but not limited to; and
(e) when a User comprises two or more persons the rights and obligations of such persons pursuant to these Website Terms shall inure for the benefit of and bind all of them jointly and severally.
4. RESTRICTIONS ON USE
4.1 Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other person or Affiliate to:
(a) copy, reproduce, republish, upload, post, transmit, or distribute in any way material or Content from this Website or provided to use through your use of the Services, in any manner inconsistent with the purposes for which it is offered by Yours and Owls to its Users (which for the avoidance of doubt, is for non-commercial, personal and domestic use only); (b) use, promote or otherwise encourage the use of this Website or any Content for any illegal or unauthorised purpose; (c) copy, modify, or display our name, trademarks, or logo or those of any Affiliate of Yours and Owls, or any text, graphic images, or other Content from this Website; (d) use devices (including software) that are designed to provide repeated automated access to this Website or probe, scan, or test the vulnerability of any system or network related in any way to this Website; (e) with the exception of web browser software, or other applications approved by us, use any software, program, application or any other device to access or log on to the Website, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any Content from Website, including our computer system; (f) include any Mark, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and the Website; (g) obtain or attempt to obtain personal data about other Users of this Website; (h) use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit; or (i) create a link from a web site to any page of this Website unless the user or the operator of the other web site without our prior written consent.
5. SITE MONITORING
5.1 While we may monitor any use of this Website, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
5.2 We and our Affiliates and Authorised Representatives may monitor your use of this Website to evaluate the quality of service you receive, your compliance with these Website Terms, the security of this Website, or for other lawful reasons.
5.3 You hereby waive and release us from any cause of action or other right with respect to us or our Affiliates or Authorised Representatives concerning any monitoring activities so undertaken.
6.1 The Website is provided “as is”, without any warranty of any kind save for as set out herein. Yours and Owls expressly disclaims all warranties to the maximum extent allowed by law. Yours and Owls makes no warranty that:
(a) the operation of the Website will meet the User’s requirements or expectations;
(b) access to the site will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of error or malfunction;
(c) the results that may be obtained from the use of the site will be accurate or reliable; or
(d) errors or defects will be corrected and/or corrected within a specified period of time.
6.2 To the extent permitted by law, Yours and Owls and its Affiliates do not warrant or make any representations regarding the Content or use of this Website in Website Terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the Content on this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
6.3 Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, links to other sites on the World Wide Web are not under the control of Yours and Owls or any Affiliate or Authorised Representative of Yours and Owls and none of such persons is responsible for the Contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
6.4 Yours and Owls is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a third-party linked website. You must take your own precautions to ensure that whatever you select for your use of our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by law, Yours and Owls and its Affiliates, Authorised Representatives, employees, agents, network service providers, business partners, licensees and licensors (collectively, the “Related Parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, exemplary, punitive or special damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) arising out of or in any way connected with access to or use of the Website, even if Yours and Owls and/or Related Parties have been advised of the possibility of such damages.
7.2.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Yours and Owls and its Affiliates shall be limited to the fullest extent permitted by law.
8.1 You agree to indemnify, defend, and hold harmless Yours and Owls and any and all Affiliates or Authorised Representatives of Yours and Owls, at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, demands, losses, costs or expenses (including reasonable solicitors fees and costs and other dispute resolution expenses) incurred by us and our Related parties arising out of or relating to (i) your access or use of the Website or the Services, (ii) your violation of these Website Terms, or (iii) your violation of any other person’s rights hereunder, including violation of any intellectual property or privacy right.
8.2 Yours and Owls may, at its own expense, participate in any matters, claims or proceedings which are subject to indemnification by you, and you shall not settle any such matter, claim, or proceeding in a manner prejudicial to the rights of Yours and Owls without the written consent of Yours and Owls, which shall not be unreasonably withheld.
9. PRIVACY AND SECURITY
Website or otherwise obtained by us.
9.3 If you believe that:
(a) the security of this Website has been breached; or
(b) your information on the Website may have been used without your authorisation; or
(c) this Website contains any inaccurate information, infringes any law or these Website Terms, you agree to email us immediately at info@yoursandowls.
10.1 You acknowledge and agree that we own or license all legal right, title and interest in and to the Website, including any and all current and future intellectual property rights that subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist), including such rights with respect to any Content, name, or Mark that we may develop for, or use in connection with, the Website. Nothing in these Website Terms gives or is intended to transfer to or give you or any User any claim of ownership or any other rights in such intellectual property.
10.2 The following restrictions apply to the Content:
(a) you agree that the Content is our property or the property of our licensees (as the case may be) and is subject to protection by Australian and international intellectual property laws;
(b) subject to these Website Terms, and except as expressly indicated otherwise, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of the Content (or any portion thereof) without our prior written approval;
(c) you may only use Content that is made available on the Website strictly for your own non-commercial and private use;
(d) you agree that you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorised user of the intellectual property;
(e) you may not use, distribute, modify, transmit, or post any Content obtained from the use of the Website or any functions of the Website for public or commercial purposes without our express written permission including but not limited to reselling access to any such Content or to redistributing or facilitating the redistribution of any such materials for sale to others; and
(f) you may not delete, remove, or obscure copyright or other intellectual property rights and proprietary notices from any Yours and Owls’ Content.
10.3 Nothing contained in these Website Terms or this Website grant any license or right to use any of the Marks displayed on this Website. You agree not to use the Marks.
10.4 You agree that any material, information, and ideas that you transmit to Yours and Owls for inclusion in the Website shall be treated as non-confidential, non-proprietary, and free from any moral right. Yours and Owls shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner, including any manner that does not reveal your identity.
10.5 If you believe that any materials on the Website infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that you are the lawful copyright owner or are authorised to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with our requirements. Our contact for copyright issues relating to the Website (including the notices and counter notices) is firstname.lastname@example.org.
10.6 For the purpose of these Website Terms, intellectual property includes, but is not limited to, patents, designs, patterns, copyright artistic works, photography, literary works, musical works, sound recordings, cinematograph films, software, trademarks, service marks, trade names and logos, whether such rights are registered or not and wherever such rights subsist in the world.
11. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS
11.1 If you breach any of these Website Terms or we anticipate you will breach any of these Website Terms, we may terminate any right granted to you in these Website Terms.
11.2 We may suspend or terminate your access to the Website at any time without giving notice or a reason for such suspension or termination.
11.3 We may modify or discontinue all or any portion of the Website or any function made available thereby at any time without prior notice.
11.4 We may block access to the use of all or any portion of the Website or any function of the Website without prior notice in the event that we elect to discontinue such service on a temporary or permanent basis or in the event that you breach these Website Terms.
11.5 We reserve the right to block access to all or any portion of the Website if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.
11.6 The Website may be unavailable at times due to no fault of ours.
12. JURISDICTION AND APPLICABLE LAW
12.1 Unless otherwise specified, we control and operate this Website from our offices within Australia.
The services and products described and information provided through this Website are directed to, and are not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject us or any of our Affiliates or Authorised Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Website do so at their own initiative, and are responsible for compliance with applicable local laws or regulations.
12.2 Your use of the Website and these Website Terms are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute of any type that may arise between a User and Yours and Owls or its Affiliates and Authorised Representatives concerning or arising out of the use of this Website.
13.1 If any of these Website Terms are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Website Terms and will not affect the validity and enforceability of the remaining provisions.
13.2 We may transfer, assign, novate or otherwise deal with any part or whole of the Website without
notification to you.