WINDSTREAMS – WEBSITE TERMS OF USE

These Website Terms of Use (“Terms of Use“) govern your use of the WindStreams website fully located at https://windstreams.com.au/ (“Website“) and form a binding contractual agreement between you, the user of the Website and us, The ARCADIA WINDS partnership (hereafter “we”, “our”, or “us”).

These Terms of Use are important, and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us at admin@arcadiawinds.com.

By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms of Use and you agree to be bound by them.

We may need to make changes to these Terms of Use in the future, when changes are made, we will make a new copy of the Terms of Use available at https://windstreams.com.au/terms-and-conditions/. It is your responsibility to check this page periodically for changes.

IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

1. Licence to use Website

1.1  We grant you a non-exclusive, worldwide, revocable, non-transferable, non-assignable licence to use the Website in accordance with these Terms of Use.

1.2  We provide the Website solely for your personal and private use. The information and materials must not be used for any other purpose without our express written permission.

1.3   The Website may contain links to third-party websites. The content of any linked third-party websites is not under our control and we do not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on these websites and we do not endorse, sponsor or approve any content available on any linked website. Your access of any third-party website is undertaken at your own risk and we shall have no liability for the content of any third-party websites or for the conduct of any companies linked from the Website.

1.4   You acknowledge and agree that the Website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease operation of the Services, or any part thereof, at any time without prior notice or liability to you.

1.5   We may alter or amend any aspect or part of the Website at any time in our sole discretion without prior notice or liability to you. Notwithstanding the foregoing, you acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Services.

1.6   We may refuse access to the Website at any time in our sole discretion.

2. What is WindStreams?

2.1  WindStreams is a Website which makes recordings of new and existing works, in respect of Australian wind music. The portal offers audio and audio-visual recordings of the works and audio visual recordings of composers and performers discussing these works.

3. Term

3.1  The Term of these Terms of Use shall commence on the date that you agree to the Terms of Use and continue on a rolling basis until terminated with not less than ninety (90) days written notice by either, or otherwise pursuant to these Terms of Use.

4. Intellectual Property Rights

4.1  You acknowledge and agree that the content of the Website, including copyright works, text, material, software, images, applications (including any email application), graphics, advertisements, downloads, e-cards, sound recordings, databases, cinematograph films, photographs, streaming audio or video, animations, website designs, trade marks (whether registered or unregistered) and source code are owned solely by us or licensed to us, all of those rights are fully reserved to us and nothing in these Terms of Use gives you the right in or to such intellectual property.

4.2  Nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you.

4.3   In using the Website, you agree you shall not (and will not permit anyone else) to adapt, reproduce, store, distribute, transmit, print, display, public or create derivative works from any intellectual property in the Website. You agree you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorise user of the intellectual property. Any reproduction or redistribution of the Website is prohibited and may result in civil and criminal penalties.

4.4   If you believe that any materials on the Website infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that you are the lawful copyright owner or are authorised to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with our requirements. Our contact for copyright issues relating to the Website (including the notices and counter-notices) is admin@arcadiawinds.com.

4.5   For the purpose of these Terms of Use, intellectual property includes, but is not limited to, patents, designs, patterns, artistic works, photography, literary works, musical works, sound recordings, cinematograph films, software, trademarks, service marks, trade names and logos.

5. Prohibited uses

5.1  You must not:

(a)   adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise exploit any content on the Website;

(b)   alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary legal notices contained in, or appearing on, the Website appearing on the Platform;

(c)   use or attempt to use any other user’s account, username, password or other information unless you have express permission from such other user;

(d)   collect or attempt to collect personal information, or any other kind of information about other users;

(e)   spam, phish, pharm, pretext, spider, crawl, or scrape; and

(f)   interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

5.2  We reserve the right to terminate your use of the Website for violating any of the prohibited uses and will report any breaches to the relevant law enforcement authorities.

6. Warranties

6.1  We endeavour to take reasonable care in preparing and maintaining the information on this Website. We do not warrant the accuracy, adequacy or completeness of the contents of the Website, including any video content. The views or opinions expressed by the subjects in video content on the Website are not our views or expressed on our behalf or request. All information is subject to change without notice. It is your responsibility to check the Website regularly to determine whether the information on the Website or these Terms of Use have been changed.

6.2  We do not guarantee that the Website will be free from viruses or that access to the Website will be uninterrupted. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or third-party website. You must take your own precautions to ensure that whatever you select for your use of our Website is free or anything else (such as worms or Trojan horse) that may interfere with or damage the operations of your computer systems.

6.3   You represent and warrant to us that you have the legal capacity to enter these Terms of Use. You accept that in order to access parts of the Website, you may, whether now or in the future, be required to create an account. You must never use another Website users account without obtaining their prior consent. You must provide full and accurate information when you create any account. You are solely responsible for any activity that occurs on your account and you must keep your account password secure.

6.4   You represent and warrant to us that you have, and shall continue to comply at all times with, the warranties, representations, conditions, guarantees, obligations and terms of these Terms of Use.

7. Liability

7.1  To the full extent permitted by law, we and our affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (Related Parties) exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages as a result of your use of the Website.

7.2  To the full extent permitted by law, we exclude all representations, warranties or terms of use (whether express or implied) other than those expressly set out in these Terms of Use.

7.3   These Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a)   the supply of the Services again; or

(b)   the payment of the cost of having the services supplied again.

8. Indemnity by you

8.1  You agree to indemnify, hold harmless and defend us and our Related Parties at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, loss, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable solicitors’ fees and other dispute resolution expenses), incurred by us and our Related Parties, whether in contract, tort, under statute or otherwise, arising directly or indirectly out of or relating to: (a) your access to or use of the Website; and (b) your breach of these Terms of Use.

9. Termination

9.1  These Terms of Use terminate automatically if, for any reason, we cease to operate the Website.

9.2  We may otherwise terminate these Terms of Use immediately, on notice to you, in our sole discretion, if you have breached or we believe in good faith you have breached these Terms of Use in any way. Upon termination, you must stop all use of the Website.

10. General

10.1  You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms of Use. We may assign, license or otherwise dispose of or deal with any or all of our rights under these Terms of Use, either wholly or partially, without notice or obligation to you.

10.2  If a provision or provisions of these Terms of Use are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

10.3   Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

10.4   Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between the parties. Neither party has authority to make or accept any offers or representations on behalf of the other party.

10.5   This Agreement is governed by the laws of the state of Victoria and each party submits to the jurisdiction of the courts of Victoria in resolving any disputes arising pursuant to these Terms of Use.

11. Privacy Policy

11.1  The following Privacy Policy applies to all personal information collected by us via the Website. Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions.

11.2  We may collect personal information from you in the course of your use of the Website if you input any personal information into the Website. In addition, we also collect cookies from your computer, which enables us to tell when you use the Website and also assist us to customise your user experience. You acknowledge and agree that cookies used on the Website enable us to collect information stored as text files on your computer’s hard drive by your browser including your preferences and details to make your future use of the Website easier. You may elect to delete or control cookies in your browser settings, but you acknowledge that if you reject any cookies it may affect your ability to use some areas of the Website.

11.3   The purpose for which we collect personal information is to provide you with the best service experience possible on the Website. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Website.

11.4   Disclosure

We customarily disclose personal information only to our service providers who assist us in operating the Website (including information technology suppliers and communication suppliers). We will only disclose personal information to an unrelated third party with your consent.

11.5   Access and correction

National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to have access to, and in some circumstances, correct, the personal information we hold about you. If you would like to obtain such access or request any corrections, please contact us on the details set out above.

11.6   Security

We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.

11.7   Transfer out of Australia

The Website is not hosted in Australia. For that reason, we transfer all data on the Website (including all personal information) to our hosting service provider in the United States of America. You hereby consent to this transfer.

12. Promotions and Competitions

12.1   For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms of Use, those terms and conditions will prevail.

13. Mobile and Other Devices

13.1   Please be aware that when you access or use the Services on your mobile or other personal device that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.