Terms Of Use

These terms govern your use of www.greatsouthernnights.com.au (the Website). This Website is owned by Destination NSW (ABN 52 890 768 976) of Level 2, 88 Cumberland Street, Sydney NSW 2000 (DNSW), and administered by the Australian Recording Industry Association Ltd (ABN) of Level 4, 11-17 Buckingham Street, Surry Hills NSW 2010 (ARIA). Access to and use of this Website is subject to the following Terms of Use

By using the Website, you are agreeing to the Terms of Use. From time to time, these Terms of Use may be updated and by continuing to use the Website following the publication of the changed Terms of Use you are agreeing to be bound by the terms as amended.

ARIA reserves the right to amend the Terms of Use at its discretion without notice to you. You should regularly check this page to take notice of any changes made to the Terms of Use.

Permitted Use of Website

You agree to use the Website solely for your own personal, non-commercial use.

You further agree:

  • not to use the Website in connection with commercial endeavours other than those endorsed or approved by ARIA and DNSW;
  • not to use the Website for any activity which could be deemed to be defamatory, abusive, in furtherance of threatening behaviour or for the purpose of distributing harmful material (this includes any material that is obscene, indecent, unlawful, defamatory, libellous or racist);
  • not to use the Website to obtain any other user’s data or breach a person’s privacy; and
  • not to upload or post any audio, video, images, information, material.

This Website provides general information for the public, venues and artists about the Great Southern Nights initiative and related events and performances. ARIA uses best endeavours to ensure that information presented on this Website is accurate and obtained from reliable sources. However, while ARIA makes endeavours to ensure the information contained in the Website is true and correct at the time of publication, some information may be incorrect or may have changed since publication. All information published on this Website is subject to change or update without notice. ARIA, DNSW and its respective partners and licensees are not responsible for any errors or omissions in the information or for any results or consequences from the use of this information. Information on this Website should not be taken as any legal, financial or other professional advice or provided to third parties as evidence of such advice. You should seek independent advice on any matter as your situation requires.

Access to the Website is permitted on a temporary basis, and ARIA reserves the right to withdraw or amend access without notice to you. ARIA will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, ARIA may restrict access to some or all of the Website.

ARIA retains the right to monitor, modify, suspend, block or terminate your access to the Website for any reason at any time without notice or liability to you. The operation of the Terms of Use will survive any suspension or termination of your access to this Website.

Registration

To access certain parts of this Website, you may be required to fill out and complete a registration form available through the Website. As part of any registration process, you must provide complete and accurate registration information, including but not limited to accurate contact details. You accept responsibility for all activities that occur under your account or password and you will not sell, transfer or assign your user accounts. You are responsible for maintaining the confidentiality of your password, and must ensure that any security access codes (such as usernames and passwords) are kept confidential and secure from unauthorised access and not used by, or disclosed to, any other person.

Use of Content

You agree to use the content made available on the Website solely for your own personal, non-commercial use. You agree that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the Website for commercial purposes, unless explicitly authorised by ARIA.

In certain circumstances, you may be allowed to upload content onto the Website (User Content). You are solely responsible for any material you upload or post to this Website. You must not add any User Content to this Website:

  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or ARIA to breach any law, regulation, rule, code or other legal obligation;
  • that would bring ARIA, DNSW or the NSW Government into disrepute;
  • that is false, misleading or deceptive;
  • that contains financial, legal, medical or other professional advice; or
  • that infringes the intellectual property or other rights (including Privacy) of any person.

Restrictions

You warrant that you will not use the Website in any manner or for any purpose that:

  • transmits or distributes a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hacks into any aspect of this Website, corrupts data or causes annoyance to other users;
  • uses any “deep-link”, “page-scrap”, “robot” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content;
  • sends any unsolicited advertising or promotional material, commonly referred to as “spam”;
  • attempts to affect the performance or functionality of any computer facilities of or accessed through this Website; or
  • breaches any applicable laws and regulations in addition to these Terms of Use.

Intellectual Property

The intellectual property rights in all copyright, trademarks and content (including photographic images and video) made available to you on or through this Website are owned by ARIA or DNSW, or has been licensed to ARIA. ARIA and DNSW reserve all rights in this Website and the information provided by it.

Unless as expressly prescribed by law and as authorised by these Terms of Use, you are not permitted to modify, publish, distribute, communicate, sell or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website in connection with any business or commercial enterprise whatsoever without the prior written consent of ARIA and DNSW.

Any User Content uploaded to the Website by you will, between you and ARIA and DNSW, be your property. You hereby grant ARIA and DNSW a non-exclusive, perpetual, royalty-free worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that User Content as ARIA and DNSW deem appropriate. You must not upload any content that infringes the rights of any other person. By uploading any User Content to the Website, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to use under these Terms of Use.

Advertising

You may have contact with third parties such as advertisers, sponsors or promotional partners as a result of your use of the Website. Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute a recommendation or endorsement by ARIA or DNSW of the advertisers’ products or services and each advertiser is solely responsible for any representations made in connection with its advertisement.

Marketing

ARIA or DNSW may conduct promotions via the Website related to the Great Southern Nights initiative. Subject to your consent, ARIA and/or DNSW may send you, from time to time, information and offers that may be of interest to you. You have the opportunity to “opt out” of receiving such communications by using the unsubscribe facility in the communications.

Linked Websites

The Website may contain links to third-party websites which are not operated or controlled by ARIA or DNSW (Linked Websites). Links to these Linked Websites are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, ARIA has no control over Linked Websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Websites will be subject to the terms of use contained within each Linked Website.

Cookies and Web Analytics

The Website uses cookies and web analytics software for the purpose of identifying visitors to the Website, storing user preferences, activity, and session information and to gather certain statistical information. Cookies and such web analytics software help us to understand how visitors access and utilise the Website. By using this Website, you are consenting to the use of such web analytics and cookies on your device. Please refer to the Privacy Policy for further information.

Liability

To the full extent permitted by law, the Website and the information provided within the Website are provided on an “as is” and “as available” basis. While every effort has been made to ensure accuracy, ARIA and DNSW cannot be held responsible or liable for any errors of inaccuracies, or for any consequences arising from such inaccuracies. You should independently verify the accuracy and comprehensiveness of the information provided at this Website. ARIA and DNSW also do not guarantee continuous, uninterrupted or secure access to the Website.

To the extent permitted by law:

  • ARIA and DNSW have no liability to you, whether under contract for breach of these Terms of Use, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these Terms of Use or the Website;
  • ARIA and DNSW will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar loss resulting from your access to, or use of, or inability to use or access the Website; and
  • the liability of ARIA and DNSW for breach of any implied warranty or condition which cannot be excluded by law is limited to the minimum amount allowable by law.

You are responsible for all risks associated with your use of the Website, including without limitation the risk of damage to your computer, network, software or data (whether caused by a virus or otherwise) arising out of or in connection with your use of the Website or content accessed from it. ARIA and DNSW will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or your downloading of any content posted on it, or on any Linked Websites.

To the full extent permitted by law, ARIA and DNSW exclude all implied conditions and warranties, including without limitation as to the completeness, accuracy, currency of the information contained on the Website. This is limited to any conditions and warranties are implied by law under the Competition and Consumer Act 2010 (Cth) or similar legislation and cannot be excluded.

Indemnity

You agree to indemnify, defend and hold ARIA and DNSW (including their respective shareholders, directors, officers, employees, agents, affiliates, representatives and partners) harmless from any and all third-party claims, actions, liability, damages and costs, including reasonable legal fees, arising from your use of the Website or your breach of these Terms of Use.

Privacy

You acknowledge that all personal information collected from you and through this Website will be handled in accordance with Great Southern Nights Privacy Policy.

You will be taken to have read and accepted the Privacy Policy when you accept these Terms of Use by using the Website.

Maps

Any maps on this Website are indicative only. You should refer to an appropriate road map prior to committing to any travel arrangements. Every effort has been made to ensure that the details on maps were accurate at the time of going to press, however ARIA and DNSW cannot accept any responsibility for any errors or omissions. The representation of any road is not necessarily evidence of public right of way.

General

This Website and Terms of Use are subject to the laws of New South Wales, Australia. You, ARIA and DNSW agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Any rights not expressly granted herein are reserved.

All queries regarding the Website or this Terms of Use should be directed to:
email: greatsouthernights@aria.com.au
Tel: + 61 2 8569 1144

These Terms of Use were last updated on 31 July 2020.

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