1. Whatslively Pty Ltd A.C.N. 153 094 609 (referred to as "Whatslively", "we", "us", "our") is the owner of this website whatslively.com ('Website'), the Whatslively mobile application ('App') and the Whatslively social media pages ('Social Media') (collectively, the "Services").
3. In order to use our Services, you agree and acknowledge that you are at least 18 years of age, or are at least 13 years of age and your parent or guardian consents to our Terms of Service.
4. You warrant that any registration information submitted to us by you is and remains true, accurate and complete.
5. We reserve the right to amend, vary, change, modify, add or remove all or any portion of our Terms of Service at our sole and absolute discretion without prior notice to you, and will publish such changes on our Website. You agree that any changes published on our Website will be effective immediately and that your continued use of our Services constitutes your acceptance of the changed Terms of Service. It is your responsibility to ensure that you are aware of and up to date with the current Terms of Service.
6. Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend all or any part of the Services (including without limitation, the availability of any feature, database or content) we provide at any time, at our absolute discretion without notice to you. Where notice is provided, we may post a notice on our Website or send you an email.
7. We are not responsible for any problems caused by the equipment or internet connection you use to access our Services.
8. You are responsible for ensuring that all persons who access our Services through your internet connection or equipment are aware of these Terms of Service and that they comply with them.
9. Information (including but not limited to concerts, gigs and related data) posted on our Website, App and Social Media are provided on an “as is” basis for your information and entertainment purposes only and is not intended to amount to advice on which reliance should be placed. Whatslively makes no representations or warranties with regard to the appropriateness, accuracy, reliability, usefulness, completeness or timeliness of such content. Your use of such information is at your own risk.
10. We are the owner and/or the licensee of all intellectual property rights in our Website, App and Social Media and in the material we publish on it. Those works are protected by trade mark, copyright and other laws and treaties governing proprietary and intellectual property rights around the world and all our rights are reserved. Materials posted by others on our Website, App and Social Media may also be protected by trade mark, copyright and other laws and treaties governing proprietary rights and intellectual property rights. If you copy, modify, distribute or otherwise deal with those materials, you may be infringing the rights of such third parties.
11. Except to the extent required for your personal and non-commercial use of our Services in accordance with the Terms of Service, you must not store, modify, copy, reproduce, upload, post, transmit, modify, sell, licence, interfere with or distribute any information or part of our Website, App or Social Media without our consent.
12. We do not claim ownership of content members submit. However, by corresponding with us or contributing content to the website in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant, and you represent and warrant to Whatslively that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
13. You may need to download software from third party platforms and services (including but not limited to Apple, Facebook, Spotify, Pandora etc) in order to use some features of our Services. You must comply with the applicable licence terms in respect of such software.
14. You may be required to be a registered member of such third party platforms and provide account credentials and other information in order to access such services. You agree and acknowledge that the third party platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with extra information about you, which may include, without limitation, your email address, legal name, country of residence, location, date of birth, music/artist/band and other preferences and usage data.
15. Our Services may contain links to third party websites or resources. These links are provided for information purposes only, and we have no control over the content or accuracy of these websites and resources. The inclusion of a link to a third party website does not constitute an endorsement by us and that third party or the products or services that they offer. You acknowledge and agree that we are not responsible or liable (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.
16. We do not collect personal information if you only browse our Services. When we do collect personal information, it is our usual practice to collect this information directly from you or through your use of third party platforms. Personal information may include your name, postal address, telephone number, email address and music preferences. You agree and acknowledge that by using our Services, Whatslively will store your music information including your songs and playlists in your digital music library as well as any bands and/or artists you follow or like on third party platforms.
17. Our server may log (and we may have access to) details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access and details of the information downloaded.
18. We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your contact details to send you messages concerning your membership account, concert and/or gig information and (where you have opted in to receive it) information generally about the services provided by us and/or related websites operated by us or our related entities. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
19. We do not provide information about you to government agencies, organisations or anyone else unless one of the following applies:
21. If you post, add, comment on and/or upload content ('User Generated Content') to our Social Media page you must comply with our Social Media Terms.
22. If you use the Whatslively mobile application you must comply with our App Terms.
23. You must not misuse our Services by introducing viruses, Trojans, worms, logic bombs or other material, code or program which is malicious or technologically harmful. You must not attempt to gain unauthorised access or otherwise interfere with:
24. You must not attack our Website, App or Social Media pages via a denial-of-service attack or a distributed denial-of service attack.
25. You must only use our Website, App or Social Media pages for lawful purposes. You must not use our Services:
26. If you breach a provision of these Terms we may report such breach to the relevant law enforcement authorities and will co-operate with those authorities (which may involve disclosing your identity to them). In the event of such a breach, your right to use our Services will cease immediately and we may immediately remove all or any of your User Generated Content which has been posted by you regardless of whether or not that User Generated Content has caused the breach.
27. To the extent permitted by law:
28. To the extent permitted by law, we expressly exclude:
29. To the extent that our liability for breach of any implied warranty, guarantee or condition cannot be excluded by law, our liability will be limited, at our option, to:
30. Nothing in these Terms affects our liability:
31. You will indemnify us, our officers, directors, employees, agents and related companies in respect of any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees on a solicitor/client basis) that arise in connection with your use of our Services and/or any breach by you of our Terms of Service, but you will not be liable for any losses or damages we suffer or incur to the extent such loss or damage is caused by us.
32. A failure or delay by us in exercising our rights will not amount to a waiver unless we expressly say so in writing.
33. If any provision of our Terms of Service is illegal or unenforceable for any reason, then the provision (or part thereof) will be severed and the remaining provisions (or parts thereof) will continue in full force and effect.
Updated July 2014. Whatslively Pty Ltd A.C.N. 153 094 609