Terms and Conditions (Last updated April 2008)
ALL OF THE INFORMATION CONTAINED ON THIS WEBSITE IS THE COPYRIGHT OF DESTRA CORPORATION LIMITED (“DESTRA”), UNLESS OTHERWISE STATED.
Terms and Conditions
To submit or post User Materials (as defined below) and/or use thescene.com.au website, you (“User”) must agree to the following terms and conditions (the "Terms and Conditions" or "Agreement"). We ask that you please read carefully.
thescene.com.au is operated by destra Corporation Limited (ABN 51 006 070 480) of 58-76 Stephenson Street, Richmond, VIC 3121 ("The Scene", "we" or "us"), a company incorporated in Australia.
1. Registration
1.1 User agrees to provide true, accurate and complete information as prompted by The Scene registration and submission process and to notify us of any changes to User’s personal details. If we become aware that User is not using their true identity, we reserve the right to terminate this Agreement.
1.2 We reserve the right to refuse User’s registration at our sole discretion. We will not accept any registration that we suspect is being made by or on behalf of a suspended user of the website.
1.3 Any breach of these Terms and Conditions may cause The Scene to block and/or delete User’s registration.
2. User Materials
2.1 All music, postings, messages, feedback, data, comments, information, text, audio, visuals, graphics and other material of any nature (“User Materials”) that are submitted to The Scene website by User must be the original work of User or otherwise owned or controlled by User and are User’s sole responsibility.
2.2 User may not post any material, data, information, reviews, feedback or comments directly onto The Scene website that contains any offensive language or anything which is considered by us to be indecent, libelous, defamatory, obscene, threatening, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offence, violate the rights of any party or violate any law. User may not use The Scene website for any illegal or unlawful purpose including posting anything that is fraudulent, inaccurate, incomplete, false or misleading. User must not impersonate any person, group, company or entity nor disguise the origin of any message sent.
2.3 The Scene shall have the right, in its sole discretion, to edit, remove or not publish any User Materials that it believes violates or may violate these Terms and Conditions.
2.4 The Scene shall have no liability or responsibility for the storage or deletion of User Materials.
2.5 User may be held legally responsible for the content and User Materials submitted to The Scene by User.
3. Intellectual Property Rights
3.1 The Scene does not claim ownership in User Materials, however, in consideration for The Scene agreeing to receive User Materials and, by submitting User Materials in any form to The Scene, User automatically grants to The Scene and its related bodies corporate (as defined below) a royalty-free, world-wide, non-exclusive, sub-licensable, and assignable right and licence to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, download, distribute, publicly display and publicly perform such User Materials for the purpose of displaying and promoting the User Materials and/or The Scene website on or via any website, television program, online media, portable media device or other means of digital media distribution operated by, and in any related marketing materials produced by, The Scene and its related bodies corporate (“The Scene Licence”).
3.2 User acknowledges that The Scene owns all the intellectual property rights to The Scene website and that any reproduction, distribution or publication of any content is prohibited without the express written consent of The Scene.
3.3 User may be prompted to apply a creative commons license to their User Materials. Each license is governed by the Creative Commons rules as set out http://creativecommons.org/about/licenses/meet-the-licenses. User should note that these Creative Commons licenses apply in respect of the use of User Materials by other users of The Scene and not in respect to the use of User Materials by The Scene itself.
4. Representations and Warranties
User represents and warrants for the benefit of The Scene, its related bodies corporate, and its licensees that:
(a) User is the sole copyright owner of the User Materials and owns and/or controls the rights in the User Materials submitted by User;
(b) User has the right to enter into this Agreement and to grant The Scene Licence;
(c) there is no contract or other arrangement with any third party person, firm or corporation which will in any way interfere with or limit The Scene Licence;
(d) any and all costs in connection with the submission of the User Materials will be met by User;
(e) the User Materials or any material contained therein will not contain any obscene, offensive, illegal, libellous or defamatory material and the exercise by The Scene and/or its related bodies corporate of The Scene Licence shall not violate the moral rights of any person or violate any right of copyright, trademark or private, civil or property right or the right of privacy or any other right or names of any person whatsoever;
(f) the performing rights for all or any musical compositions contained in the User Materials are:
(i) Controlled by Broadcast Music Inc, American Society of Composers, Authors and Publishers, Society of European Stage Authors and Composers Inc or the Performing Rights Society Limited, or the Australian Performing Right Association Limited or such other similar collection society, or
(ii) In the public domain, or
(iii) Controlled by User;
(g) the User Materials shall be free and clear of all fees, performers residuals, archive fees, copyright clearance (including all music & video rights) and in the case of video; copying fees and similar (including, but not limited to, recording synchronisation, mechanical, dubbing, re-dubbing, subtitling and/or distribution royalties, guild or union residual repeat re-run fees and payments), which said fees shall have been fully paid for or met by User; and
(h) the User Materials comply with all screen and advertising credit obligations and any other contractual obligations to third parties connected with the User Materials.
If requested by The Scene, User will furnish to The Scene all requested necessary information concerning the title, rights to the User Materials, its ownership, and the composer and publisher of all music and other copyrighted or protected material in or related to the User Materials including, but not limited to, the music cue sheet and copies of all relevant duly executed music licences or use agreements.
5. Liability and Indemnity
5.1 User acknowledges that The Scene does not accept any liability for, nor guarantees the accuracy of, any User Materials that appear on The Scene website.
5.2 The Scene is operated on an ‘as is’ basis without warranties of any kind and with all risks. The Scene hereby disclaims to the maximum extent permitted by law:
(a) all warranties either expressed or implied, including, but not limited to, implied warranties of
merchantability or fitness for a particular purpose; availability of The Scene website; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on The Scene website; and
(b) any duties of reasonable care, workmanlike effort or negligence in connection with the site, applications, or related information.
5.3 User is responsible for the content User submits or posts (or any person using User’s password) and User agrees to indemnify and hold The Scene, its parent company, related bodies corporate, affiliates, officers, agents, partners and employees harmless from any loss, liability, expense, claim or demand, including legal fees, arising out of User content and User Materials, use by User of The Scene website, violation by User of these Terms and Conditions or violation by User of any third party’s rights including such party’s copyrights and trademarks.
6. Termination
6.1 The Scene reserves the right to terminate, suspend, restrict, or attach conditions to any User, with immediate effect, entirely at our own discretion for any reason that we consider appropriate at any time.
6.2 The Scene does not guarantee to post User Materials on The Scene website. The Scene may remove the User Materials at any time in its sole discretion.
7. User Information
We will respect the privacy of User’s personal information in accordance with our Privacy Policy. We do reserve the right to use User’s email address for marketing relevant to The Scene website. In registering for the service and subscribing to the newsletter User expressly consents to User’s email address being included in The Scene email list. If at any time User objects to the use of User’s email address in this way User may email us stating the address User would like removed or unsubscribe using the link at the bottom of the newsletter.
8. General
8.1 User may not transmit junk email, spam, unsolicited email in any form including bulk email, commercial or otherwise either through The Scene website, or to any other user of The Scene.
8.2 User may not engage in harvesting or otherwise collecting information including email addresses about other users of The Scene.
8.3 User agrees to discontinue any communication with any other user of The Scene website if that person so requests.
8.4 The Scene may amend or modify these Terms and Conditions at any time, at our sole discretion. Such modifications shall be effective upon posting by The Scene on the website. It is User’s responsibility to check for any updates to these Terms and Conditions as continued use of the website after posting of the updated Terms and Conditions signifies User’s acceptance of the revised Terms and Conditions.
8.5 These Terms and Conditions, as amended, User registration forms, and the disclosures provided by The Scene and the consents provided by User, constitute the entire agreement between User and The Scene. If any provision of these Terms and Conditions and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. The Scene’s failure to act with respect to a breach by User or others does not waive The Scene’s right to act with respect to subsequent or similar breaches.
8.6 In the event that The Scene website displays or advertises promotions, services or products which are offered by other parties or other individual Users and User takes advantage of such offers then User’s contractual relationship is with that third party.
8.7 User may not assign or otherwise transfer any of its rights or obligations under this Agreement. The Scene may assign, sub-licence or novate any or all of its rights, interests and obligations under this Agreement to any company which is a subsidiary or related body corporate of The Scene ("subsidiary" and "related body corporate" having the meanings as set out in the Corporations Act 2001 (Cth)).
8.8 This Agreement is governed by the law in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of the place specified in Victoria, Australia and courts of appeal from them.
