Website Terms and Conditions of Use
WARNING! THIS IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR USE OF A-LIST ENTERTAINMENT’S WEBSITES.
1. Acceptance of our Terms
1.2. If you do not want to be bound by our Website Terms, then your only option is not to visit, view, access or otherwise use the Websites. You understand, agree and acknowledge that these Website Terms constitute a legally binding agreement between you and A-List Entertainment (ABN: 98 198 521 691) (“we”, “our” or “us”) and that your use of the Websites shall indicate your acceptance of the Website Terms.
2. Provision of Services
2.1. You agree and acknowledge that we may modify, delete, improve, update or discontinue any information or services on the Websites at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or service contained on the Websites. You also agree and acknowledge that we are entitled to provide services to you through subsidiaries, affiliates, agents or third parties.
3. Ownership of Copyright and Information
3.1. We own or control all right, title and interest (including copyright and other intellectual property rights) in and to information and material appearing on the Websites, including (without limitation) the text, computer code, artwork, videos, logos, photographs, proprietary information, images, music and audio & audio-visual material on the Websites (together, the “Website Material”).
3.2. You acknowledge that certain Website Material (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties as well as our rights in the Website Material.
4. Accessing and Using Website Material
4.1. You may access Website Material only for the purpose of viewing such Website Material on a personal electronic device (such as your phone or computer). You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Websites or the Website Material without our prior written agreement and we reserve all such rights in the Website Material.
5.1. If you wish to discuss obtaining permission to use any Website Material please feel free to email us at [email protected].
6.1. You agree to indemnify us (including our representatives, employees, agents and affiliates, together “the indemnified”) and hold us harmless against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Websites or Website Material or which the indemnified may incur as a result of any breach by you of these Website Terms (including a breach of your warranties) or any negligent act or omission by you.
7. No Warranties
7.1. You understand and agree that your use of the Websites, the Website Materials and any information contained on the Websites is entirely at your own risk.
7.2. We do not promise or warrant in any way:
(a) the Websites will be constantly available, or available at all;
(b) the information on the Websites (or on any of our social media pages) or in the Website Materials is complete, true or accurate; or
(c) you can rely on or use any information on the Websites or in the Website Material.
7.3. We make no representations as to the accuracy or completeness of any information on the Websites or any third party websites found by following any link or direction on the Websites.
7.4. Nothing on the Websites constitute, or is meant to constitute, advice of any kind.
8. Report Infringing Material
8.1. If you become aware of any material on the Websites that you believe infringes the law or infringes your or any other person’s rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Website, you must immediately report this by email to [email protected] and specify the URL on which the material appears and a description of the relevant material.
9. Prohibition of Website Use
9.1. We may, at any time, prohibit you from using the Websites (or any part of the Websites or Website Material). If we notify you of such prohibition, then you must immediately cease using the Websites (or the relevant part of the Websites or Website Material) and you must not attempt to continue to use the Websites.
9.2. For so long as you use the Websites, the Website Terms will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of your right to use the Websites.
10. Limitation of Liability
10.1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Website Material, the services provided by us (or our affiliates) and the Websites are expressly excluded. In particular, we make no promises that the Websites will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Websites (or the Website Material) including arising from, or in relation to, any error, action, omission, “bug”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Websites or Website Material, whether negligent or otherwise.
10.2. In no event will we (including our affiliates, representatives, agents, employees or contractors) be liable for any:
(a) direct loss; or
(b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or
(c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Websites or the Website Material.
10.3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Website Terms, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to:
(a) with respect to the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) with respect to the supply of services:
(i) the re-supply of the services; or
(ii) the payment of the cost of having the services re-supplied.
11. Third Party Links, Content and Advertising
11.1. The Websites may include links to third-party content, advertising, services and/or websites. Links to third-party content, advertising and/or websites are inserted for convenience, and do not constitute endorsement by us of material or information at those links, or any associated organisation, product or service.
11.2. The inclusion of third-party content or advertising on the Websites does not, in itself, constitute our endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement). You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any advertising, products, goods or resources appearing on the Websites or available via links on the Websites (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).
11.3. Without limiting the foregoing, you acknowledge that websites on which you can buy tickets are owned and operated by third parties and do not form part of the services we provide. The purchase of tickets through such third-party websites will be governed by the terms you enter with such third parties and not us.
12.1. You agree to submit to the exclusive jurisdiction of the courts of Australia, NSW to resolve any legal matter arising in connection with the Website Terms (including any use of the Website).
13. Unenforceable provisions
13.1. If the courts of NSW rule that any provision of these Website Terms is invalid or unenforceable, then that provision will be removed and the remaining provisions will continue to be valid and enforceable.
14. Changes to the Terms
14.1. We reserve the right to modify the Website Terms from time to time at our sole discretion and without any notice – you agree to regularly check the Website Terms for updates. Changes to the Website Terms become effective on the date they are posted and your continued use of the Websites after any changes to the Website Terms will signify your agreement to be bound by the amended Website Terms.