TERMS OF SERVICE
1. Introduction; Your Agreement to these Terms of Service.
Welcome to Sydney Underground Streaming Services (SUSS), a social network, streaming platform and digital performance platform.
The following terms of service (the “Terms of Service”) for SUSS is a legal contract between you, an individual user or a single entity (“you”, “user” “User” or, collectively, “Users”), and SUSS regarding your use of the SUSS service.
SUSS reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Service at any time by posting amended terms to the Terms of Service. SUSS will attempt to notify you when material changes are made to the Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the SUSS Service after the posting of changes constitutes your binding acceptance of such changes.
The SUSS Service is not available to any users previously suspended or removed from the SUSS service by SUSS. BY USING THE SUSS SERVICE, YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SUSS SERVICE.
3. Ownership of Materials; Limited License
The data and materials on the SUSS service, except the Content as provided by Contributors (defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organisation, coordination, compilation and overall look and feel of the SUSS service (collectively, the “Materials”) are the intellectual property of SUSS, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with SUSS, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to SUSS or its affiliates and/or third party licensors. Except as expressly authorised by SUSS, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorisation, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices.
4. Your Use of Content through the SUSS Service.
‘Content’ refers to all content provided by performers, workshop providers, speakers, actors, artists, children’s entertainment, presenters and any/all other contributors to the SUSS platform (collectively know as Contributors).
All Content is the property of the Contributors. Except as expressly authorised by the Contributors and/or SUSS, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Content. If, with authorisation, you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices.
You understand that when using the SUSS service, you will be exposed to content from a variety of sources, and that SUSS is not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SUSS with respect thereto.
SUSS does not endorse any Content or any opinion, recommendation, or advice expressed therein, and SUSS expressly disclaims any and all liability in connection with the Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST SUSS WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD SUSS, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO CONTENT AND YOUR USE OF THE SUSS SERVICE.
Content is made available to you for your information and personal use solely as intended through the normal functionality of the SUSS services. Content is made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SUSS services or otherwise as prohibited under the Terms of Service. You may access content for your information and personal use solely as intended through the provided functionality of the SUSS services.
5. Your Use of the Chat Function
SUSS reserves the right to monitor the submissions you post on the SUSS service, i.e. Chat. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms of Service, or to protect or defend our rights or property or those of any third party. SUSS also reserves the right to remove information upon the request of any third party.
Chat comments may be removed if deemed to be defamatory, libellous, objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate.
6. Your Purchase of Tickets
By purchasing tickets through the SUSS service, you are purchasing a limited, non-transferable, revocable license to participate in the SUSS service. The license may be terminated immediately if your account is terminated for any reason, in SUSS’s sole and absolute discretion, or if SUSS discontinues providing the SUSS service.
Tickets have no monetary value, are non-refundable and cannot be used to purchase or use products or services other than in connection with the SUSS services (i.e. acquiring tickets to view SUSS performances).
You have no property interest in tickets, which remain the exclusive property of SUSS subject only to your limited, non-transferable revocable license to use in connection with the SUSS service. Any attempt to sell or transfer your tickets, except as expressly permitted by SUSS, will result in an automatic termination of such license.
Refund Policy – You agree that the purchase of Tickets is final. Tickets are non-refundable, and non-returnable except in SUSS’s sole and absolute discretion.
7. Your Account
When you use the SUSS service to download or purchase Content or any products, services, or information from SUSS, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to SUSS on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify SUSS. You may be liable for the losses incurred by SUSS or others due to any unauthorised use of your SUSS account.
8. Third-Party Sites, Products and Services; Links.
The SUSS service may include links or references to other Web sites or services to Users (“Third Party Sites”). SUSS does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SUSS service are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites is solely at your own risk.
9. Termination; Terms of Service Violations.
You agree that SUSS, in its sole discretion, for any or no reason, and without penalty, may terminate any account you may have with SUSS or your use of the SUSS service and remove and discard all or any part of your account at any time. SUSS may also in its sole discretion and at any time discontinue providing access to the SUSS Service, or any part thereof, with or without notice. You agree that any termination of your access to the SUSS Service may be effected without prior notice, and you agree that SUSS will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SUSS may have at law or in equity.
You agree to indemnify, save, and hold SUSS, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the SUSS service, any violation by you of the Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. SUSS reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify SUSS, and you agree to cooperate with SUSS’s defence of these claims. SUSS will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11. Disclaimers; No Warranties.
“As is” and “As available” and “With All Faults”. – YOU EXPRESSLY AGREE THAT THE USE OF THE SUSS SERVICE IS AT YOUR SOLE RISK. THE SUSS SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SUSS SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Service Operation and User Submissions – SUSS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SUSS SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SUSS SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
12. The Term.
The time period that this Agreement is in effect begins on the Date of Creation of Account and continues as long as you continue to use the SUSS service. We can terminate this Agreement at any time by sending you a notice of our intention to terminate.
13. Data and Metrics.
SUSS is the sole owner of all data it observes or collects during or after the Term as part of providing the SUSS services.
The expiration of the Term of this Agreement will not relieve either party from their respective obligations incurred prior to or during the Term. Accordingly, the provisions of this Agreement will continue to apply even after the expiration of the Term.
This Agreement will be governed and interpreted in accordance with the internal laws of the country of use applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
15. Children’s Policy
SUSS will feature Content for children however no account can be set up by anyone under the age of 13. Children must view Content under the guidance of a parent of guardian at all times.
Protecting the privacy of young children is especially important. For that reason, SUSS does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register as users. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on SUSS. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, you may contact us directly.
7. By using the SUSS service you agree not to:
- Use the SUSS service for any purposes other than to receive original or appropriately licensed content and/or to access the SUSS service as such services are offered by SUSS
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the content granted herein.
- Post any defamatory, libellous, objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate comments within the Chat Function.
- Assume a misleading or false identity in connection with your User Submissions.
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the SUSS service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the SUSS service, or perform any other similar fraudulent activity.
- Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the SUSS service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- Use of the SUSS service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
- Defame, harass, abuse, threaten or defraud Users of the SUSS Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SUSS service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Modify, adapt, translate or create derivative works based upon the SUSS service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Intentionally interfere with or damage operation of the SUSS service or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Use any robot, spider, scraper, or other automated means to access the SUSS service for any purpose or bypass any measures SUSS may use to prevent or restrict access to the SUSS service.
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the SUSS Services.
If you have any questions about these Terms and Conditions, the practices of this site, or your dealings with this website, please contact us at [email protected] to discuss.
The services are offered by Sydney Underground Streaming Sessions which is based at Level 1, 259 Riley Street, Surry Hills, Sydney, Australia, 2010.