Terms of Use
Welcome to Liveguide.
The following are the rules or "Terms" that govern use of the Liveguide site and
associated services ("Site"). By using or visiting the Site, you expressly agree
to be bound by these Terms and to follow these Terms and all applicable laws and
regulations governing the Site. Dload Pty Ltd and liveguide.com.au (collectively
"Liveguide") reserve the right to change these Terms at any time, effective immediately
upon posting on the Site. Please check this page of the Site periodically.
By using the Site in any way, you are agreeing to comply with these Terms. In addition,
when using particular services, you agree to abide by any applicable posted guidelines,
which may change from time to time. Should you object to any term or condition or
become dissatisfied with the Service in any way, your only recourse is to immediately
discontinue use of the Service. If you violate these Terms of Use, Liveguide may
terminate your use of the Site, bar you from future use of the Site, and/or take
appropriate legal action against you.
Permitted Use
You agree that you are only authorised to visit, view and to retain a copy of pages
of this Site for your own personal use, and that you shall not duplicate, download,
publish, modify or otherwise distribute the material on this Site for any purpose
other than to review event and promotional information, for personal use, or to
purchase tickets or merchandise, unless otherwise specifically authorised by Liveguide
to do so. You also agree not to deep-link to the site for any purpose, unless specifically
authorised by Liveguide to do so. The content and software on this Site is the property
of Liveguide and/or its suppliers and is protected by Australian and international
copyright laws. Do not remove any information contained within the Site.
Content
You understand that all content, media and information ("Content") is the sole responsibility
of the person who contributed or uploaded the Content to the Site. Liveguide is
not liable or responsible for any Content and that contributions of third parties
do not necessarily represent the views or opinions of Liveguide. Users can be held
liable for any illegal or prohibited Content that is provided to the Site. You understand
that Liveguide does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to Content
that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Service and Content available may contain links to other websites,
which are completely independent of Liveguide. Liveguide makes no representation
or warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Liveguide be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge that
Liveguide does not pre-screen or approve Content, but that Liveguide shall have
the right (but not the obligation) in its sole discretion to refuse, delete or move
any Content that is available via the Site, for violating the letter or spirit of
the Terms or for any other reason.
General Site Conditions
We reserve the right to restrict, modify or terminate all or any portion of the
Site for any reason, without notice at any time. We may, but have no obligation
to, remove Content and accounts containing Content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or
otherwise objectionable or violates any party's intellectual property or these Terms.
Conduct and Responsibilities
- You are solely responsible for your conduct and any Content that you submit, post,
and display on the Site or any activity or Content associated with your username.
- The following is prohibited on the Site:
- Content that is unlawful or offensive, such as that promoting racism, bigotry, hatred,
harrassment or physical harm of any kind against any group or individual or could
be harmful to minors.
- The transmission of "junk mail or "spam".
- Content that is false, misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous.
- Promoting an illegal or unauthorised copy of another person's copyrighted work.
- Pornographic or sexually explicit material of any kind.
- Supplying Content that impersonates another person or entity or contains identifying
information about another person without that person's explicit consent.
- Engages in commercial activities without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
- You may not use the Service for any illegal or unauthorized purpose.
- You must not modify, adapt or hack the Service or modify another website so as to
falsely imply that it is associated with Liveguide.
- You must not create or submit unwanted email to any Liveguide users.
- You must get express authorization from Liveguide before you can use any portion
of the Site, including any Content, for any commercial purpose.
- Unauthorised framing of or linking to the Site.
- Any individual (or group of individuals acting in concert) must not request, more
than 1000 pages of the Site in any twenty-four hour period.
Access and Interference
You agree that you will not use any robot, spider or other automatic device, process
or means to access the Site. Nor shall you use any manual process to monitor or
copy our web pages or the content contained thereon or for any other unauthorised
purpose without our prior expressed written permission. You agree that you will
not use any device, software or routine that interferes with the proper working
of the Site nor shall you attempt to interfere with the proper working of the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You agree that you will not access, reload or
"refresh" event pages, or make any other request to Liveguide servers, more than
once during any three second interval. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content (except
for your own personal, non-commercial use) from the Site without the prior expressed
written permission of Liveguide.
Privacy
We believe that your privacy and the privacy of all our users is important. These
Terms are subject to the Privacy Policy, which is hereby incorporated. Liveguide
will not be responsible or otherwise liable for any use or disclosure of your information,
by a third party to whom Liveguide is allowed to disclose your contact information
under the Privacy Policy. If you provide any Content directly or indirectly to the
Site, we will treat it as non-confidential and non-proprietary to you. Content that
is posted to the Site shall not be subject to the Privacy Policy and may be publicly
displayed and disclosed and otherwise used by Liveguide or any third party in any
way. By posting Content to the Site, you authorize us to use or allow others to
distribute, reproduce or otherwise use such Content. You should not post information
about yourself on the Site that can be used to identify or contact you, including,
but not limited to, your name, home or work address, phone numbers, pagers, email
address or other such information. If you post such information, Liveguide cannot
prevent it from being used in a manner that violates these Terms, the law, or your
personal privacy and safety. By posting such information on the Site, you violate
these Terms, and you assume the risks and sole liability for the results of such
posting. Liveguide is not liable for any lost data resulting from the operation
of the Site or the enforcement of the Terms. We urge all users to maintain their
own back up versions of any Content or other information they submit to the Site.
Copyright Policy
We will terminate the privileges of any user who uses the Site to unlawfully transmit
copyrighted material. In particular, users who submit Content to the Site must ensure
that the Content they contribute does not infringe the copyrights or other rights
of third parties. After proper notification by the copyright holder or it agent
to us, and confirmation through court order or admission by the user that they have
used this Site as an instrument of unlawful infringement, we will terminate the
infringing users' rights to use and/or access to the Site. We may, also in our sole
discretion, decide to terminate a user's rights to use or access to the Site prior
to that time if we believe that an alleged infringement has occurred.
Disclaimers
Liveguide does not represent or warrant that its services are free of inaccuracies,
errors, bugs, or interruptions, or are reliable, accurate, complete or otherwise
valid. The Site is provided "as is" with no warranty, express or implied, of any
kind and Liveguide expressly disclaims any and all warranties and conditions, including,
but not limited to, any implied warranty of merchantability, fitness for a particular
purpose, availability, security, title and or non-infringement. In addition, Liveguide
expressly disclaims any and all representations and warranties that any events will
occur or that any performers will perform or fulfill any stated or implied promises
or commitments relating to the Site. Liveguide shall not, under any circumstances,
be liable to users for any indirect, incidental, consequential special or exemplary
damages arising out of or in connection with the use of the Site. To the maximum
extent permitted by applicable law, users hereby release and waive all claims against
Liveguide, and its affiliates, officers, agents, licensors, shareholders and employees
from any and all liability for claims, damages (actual and/or consequential), costs
and expenses (including litigation costs and solicitors fees) of every kind and
nature, arising from or in any way related to use of the Site.
Without limiting the foregoing, you may report the misconduct of users and/or third
party advertisers, service and/or product providers referenced on or included in
the Site to Liveguide at live@Liveguide.com.au. Liveguide may investigate
the claim and take appropriate action, in its sole discretion.
Limitation on Liability
IN NO EVENT WILL LIVEGUIDE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS
OPPORTUNITIES, EVEN IF LIVEGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify and hold Liveguide and its affiliates, and each of Liveguide's
and its affiliates' respective officers, agents, employees, contractors and principals,
harmless from any loss, liability, claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the Site, including
also your use of the Site to provide a link to another site or to upload Content
or other information to the Site.
Report Violations
Please report any violations of the terms to live@Liveguide.com.au