Terms and Conditions

Welcome to Our-Festivals-Australia.com, (” Our-Festivals-Australia.com”), the place for people to find upcoming Australian festivals, artists information, venues and music events in Australia. By using the Our Festivals Australia web site, whether browsing pages, clicking on third-party links, searching the web, etc (the “Service”) you (“User”) agree to be bound by this Terms of Use Agreement (“Agreement”). User agrees that Our Festivals Australia has, by making the Service available to User, provided fair and equitable consideration for entering into this Agreement.
This Agreement sets out the legally binding terms of your use of the Service and may be modified by Our Festivals Australia from time to time, with such modifications effective upon posting on the Service by Our Festivals Australia . This Agreement is also, in part, Our Festivals Australia’s Acceptable Use Policy, governing your use of the Service, including any and all communications you have with others, and any and all Content (“Content”, meaning information, writings, images, text, photo’s, profiles, and/or selections of multiple-choice boxes and lists) you publish (hereinafter “post” or “posting”) on the Service. You may also receive a copy of this Agreement by contacting us info(at) our-festivals-australia (Dot) com and requesting our “Terms of Use Agreement”.

1. Representations and Warranties
As a User of the Service, you understand, represent, warrant, and agree that;
a. You are over 18 years of age, or, alternatively, you have the permission or your parents or legal guardian to participate in the Service.
b. You are solely responsible for any and all Content that you post on the Service and/or transmit (via email or other means).
c. You will not use or operate any IRC (internet relay chat) or IRC bots on the Service.
d. You will not employ proxies, bots, spiders, or other devices in an effort to generate fraudulent revenue.
e. Each and every one of your postings, and any communications you have with others, is entirely voluntary; you can terminate your membership and/or stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for your interactions with others.
f. Our Festivals Australia does not moderate the Service nor do we maintain an active censorship program, but may, either directly or via our authorized representatives, review, suspend, and/or delete your subscription, partnership and account(s) which in the sole judgment of Our Festivals Australia violates the terms or spirit of this Agreement.
g. You will abide by standards of conduct and decency which are in line with the general online community, as well as all local and federal laws. Violation of this, in http://our-festivals-australia.com’s sole and absolute discretion, may result in Our Festivals Australia taking appropriate action against you, including, without limitation, removing your subscription, partnership and account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content to any public area that:
i. is profane or offensive, as determined by normal standards of the online community;
ii. is in any way illegal or unlawful for you to personally post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
iii. harasses or advocates harassment of another person;
iv. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
v. provides access to an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
vi. displays pornographic or sexually explicit material of any kind;
vii. provides instructional information about activities such as making or buying weapons, violating someone’s privacy, or creating or distributing computer viruses;
viii. solicits passwords or personally identifying information for any purpose from others;
ix. is an adult soliciting a relationship with a minor;
x. constitutes, or could be construed as, harmful matter or indecent communications to minors;
xi. constitutes, or could be construed as, child pornography or the abuse of children;
xii. constitutes, or could be construed, as being abusive to women;
xiii. constitutes, or could be construed, as being abusive to animals;
xiv. entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
xv. is illegal, threatening, abusive, hateful, defamatory, libellous, slanderous, or injurious to the reputation of any person or entity;
xvi. constitutes an infringement, misappropriation or violation of any person’s intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights; and,
xvii. in any program, file, data stream or other material contains viruses, worms, “Trojan horses” or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity.
As the provider of the Service, Our Festivals Australia represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order and available to the majority of people on the world wide web.

3. Billing Cycle for Services

4. Proprietary Rights
Proprietary Rights in Our Festivals Australia Content on the Service
Our Festivals Australia owns and retains all proprietary rights in the Service and Content it provides thereon, as well as all programming code, user-interface designs, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary information of Our Festivals Australia partner’s, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information in our copyright infringment notication section below :

COPYRIGHT INFRINGMENT NOTIFICATION

If you wish to report a copyright violation in connection with content on this site, you must send a written communication to our designated agent at the address below that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a notification of alleged copyright infringement, we remove the posting that is the subject of the notification. Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

COPYRIGHT COUNTER NOTIFICATION

If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, do not submit a counter-notification. A counter-notification must include the following specific elements:

(1) Identification of the specific URLs of material that was removed or to which access has been disabled.

(2) Your full name, address, telephone number, and email address.

(3) The statement: I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the Australia, the judicial district in which Our Festivals Australia. is located, and will accept service of process from the claimant.

(4) The statement: I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

(5) Signature. A scanned physical signature or a valid electronic signature will be accepted.

DESIGNATED AGENT

Copyright Notifications

Our Festivals Australia
Email : info (at) our-festivals-australia (Dot) com

6. Privacy
Use of the Service is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.

7. Links to Third-Party Web Sites
The Service contains links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of Our Festivals Australia and User explicitly agrees that Our Festivals Australia is not responsible for the content on any Linked Site; including, without limitation, any link contained in a Linked Site, nor any changes or updates to a Linked Site, nor if the Linked Site is not working appropriately. Our Festivals Australia is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by Our Festivals Australia of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Furthermore, any activity or dealings with third parties (including advertisers) linked to from the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party (or advertiser, as the case may be); Our Festivals Australia shall not be responsible nor liable for any part of any such activity or dealings.

8. Disclaimers
Our Festivals Australia is not responsible for any USER CONTENT, NOR FOR ANY incorrect or inaccurate Content, posted on the Service, or in connection with the Service, whether caused by User, other users, Our Festivals Australia AND/OR ITS’ Board Members, affiliates, officers, agents, partner’s and employees, or by any of the equipment or programming associated with or utilized in the Service. Our Festivals Australia is not responsible for the conduct, whether online or offline, of any user of the Service. Our Festivals Australia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, SERVICE, CONTENT, OR User communications. Our Festivals Australia is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will Our Festivals Australia be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any Content posted on the Service or transmitted to or from User, or any interactions between User and others, whether online or offline. THE SERVICE IS PROVIDED “AS-IS” AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, Our Festivals Australia DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Our Festivals Australia DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, Our Festivals Australia IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.

9. Liability Limitations
IN NO EVENT SHALL Our Festivals Australia BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF Our Festivals Australia AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF Our Festivals Australia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY’S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT OUR FESTIVALS AUSTRALIA LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USER TO OUR FESTIVALS AUSTRALIA FOR THE SERVICE DURING THE TERM OF USER’S USE OR SUBSCRIPTION (IF ANY).

10. Term
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. Our Festivals Australia may terminate your subscription, partnership and account(s) (if any) at any time and without reason, with no notice required. If Our Festivals Australia terminates your subscription, partnership and account(s) in the Service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 5, 6, 7, 8, and 9 of this Agreement

11. Disputes
If there are any disputes between you and Our Festivals Australia and/or any of our subsidiaries, affiliates, officers, agents, and other partner’s and employees, you agree that the dispute will be governed by the laws of Queensland, Australia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the Queensland, City of Brisbane

12. Indemnity
You agree to indemnify and hold Our Festivals Australia , its subsidiaries, affiliates, officers, agents, and other partner’s and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Furthermore, each of Our Festivals Australias and User shall defend, indemnify, and hold harmless the other, and its Presidents, Board of directors, Board members, Staff, officers, employees, and other agents, from and against any loss, liability, damage, award, claim, cost and expense (including, but not limited to, reasonable attorney’s fees and expenses) arising out of or incurred in connection with any warranty or representation made pursuant to this Agreement by Our Festivals Australia , User, other users, or any use of the Service by User or other users.

13. Entire Agreement and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and Our Festivals Australia regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances beyond its reasonable control, including but not limited to, acts of God, war, riot, embargo, acts of civil or military authorities, fire, flood, earthquake or other natural forces, accident, strike, or shortage of fuel or energy.

14. Notices
Any notices to Our Festivals Australia are to be sent to : info (at) our-festivals-australia (Dot) com

16. Language
It is expressly agreed that it is the will of both Our Festivals Australia and User that this Agreement, as well as the Privacy Policy, Copyright Policy, and all other related documents and agreements (e.g. the search affiliate agreement) have been drawn up in English. Please Contact us with any questions regarding this agreement.

17. Customer service and/or help line fees are billed on a per-minute basis and will appear either on your home phone bill or on your credit card statement, depending upon where you called from and the type of service offered.