1. Permissions for Website Use
As the website user, you agree to use this website purely for personal use and not for any commercial use. You also agree:
- that the website will not be used for any commercial activity or endeavour, whether in Australia or internationally, without express written approval from Happy Music Festival or their nominee;
- that the website will not be used as a way to circulate material that could be slanderous, racist, offensive, or obscene toward any person or group of people, or as a way to threaten others or dispense potentially damaging information;
- that the website content and personal user information contained within the website will not be used for third-party solicitation purposes either through email or other communications;
- that no distasteful content will be uploaded and posted onto the website, such as audio, video or content containing subject material that is violent, graphic, sexually explicit or obscene in any way;
- that no content will be posted to the website that could preclude a criminal offence by encouraging or providing instructions for the committal of an activity known to be against the law;
- that no content will be posted to the website that could potentially violate the rights of any party and create an issue of liability either for you or Happy Music Festival according to local, state, national and international laws, which includes rights to intellectual property, confidentiality and privacy;
- that no content will be posted to the website that, according to the judgment of Happy Music Festival, may be abusive, distasteful or limit users’ enjoyment of the website;
- that you will refrain from creating an account, including a user name and password, that will permit anyone but yourself to use the website; and
- that you will not distort your identity or behave in a way that would give others a false impression of who you are while using the website.
2. Minimum Age Requirements
As the website user, you confirm that you exceed the minimum age of 13.
3. User Names and Passwords
In order to make use of certain parts of the Happy website, you may need to create a user name and password. As such, you are forbidden from disclosing the user name and password to a third party, and you agree to protect your details by keeping them confidential. If you have any reason to believe that your user name and password have been stolen or otherwise compromised, you agree to inform Happy Music Festival immediately. Even if the website is used by a third party that was not authorised to do so, you agree that you are responsible for all website activities that occur under your personal user name and password. When selecting your user name and password and creating your personal profile, you agree that you will not do the following:
- use information protected by a third party, such as a name or trademark
- mislead anyone by claiming to be a person or entity that you are not
- use words that may be considered offensive or distasteful to a third party
In using the website, you agree that your activities will not in any way disable, evade or otherwise impede the security features that have been created for the website. Furthermore, your activities on the website will not conflict with other important features, such as those preventing plagiarism of website content or those that otherwise enforce limitations on how the website content can be used.
5. Responsibility for Content
Happy Music Festival does not review any user generated content that is uploaded or posted onto the website, and such content in no way reflects the policies of our organisation. If any content posted on a user generated module is deemed to be incorrect, offensive or otherwise inappropriate, then you agree that Happy Music Festival holds no legal responsibility towards you or towards the wrongful content. Furthermore, if such content is discovered on a user-generated module, Happy Music Festival assumes no obligation to remove or modify it. If you should discover inappropriate content on user-generated modules, you agree to report it immediately to Happy Music Festival.
6. Use of Content
You agree that you may not use, copy, download, dispense, or otherwise share any content on the user generated modules that is not your own. If required by an authorised law enforcement officer or government representative, you agree that Happy Music Festival may release or provide appropriate access to any of the content, information or documentation that you have posted onto the user generated module
7. Intellectual Property of Content
The user content that you post or upload (that is, the content, information and any other materials that you post onto user generated modules) is property that you own and willingly share with Happy Music Festival. As such, you agree to grant Happy Music Festival the right to use, modify, copy, share and distribute your user content world-wide, without restrictions and in perpetuity at our discretion. For whatever reason, this may include the right for Happy Music Festival to communicate your user content with a third party. Upon uploading and posting your user content onto the user generated modules, and sharing the licensing of such content with Happy Music Festival, you agree that all such content is owned by you. Furthermore, you agree that the content you upload and post onto the user-generated modules will not infringe the rights of any third party, including any rights to intellectual property, confidentiality or privacy. Should you find the posting of such content necessary, or upon licensing or sharing such content with Happy Music Festival, you agree that it is your obligation to pay necessary royalties or fees incurred as a result. For content that you post onto user generated modules that otherwise does not fall under these terms and conditions, Happy Music Festival reserves all original rights to it. You agree that you will obtain the moral rights to all the content prior to posting or uploading it to user generated modules from any authors or owners of the content according to the Copyright Act 1968. Additionally, the authors and owners of the content must also consent to the following acts or omissions made by Happy Music Festival to the user content:
- that Happy Music Festival may copy, publish or share any user content without being required to disclose the name of the author that originally created the content; and
- that Happy Music Festival may make alterations to the user content that may include adding, deleting or editing parts of the content or that may include modifying the text or the structure and format of the content.
8. Removing Content
While Happy Music Festival does not review the content you post to the user generated module and assumes no liability for such content, you agree that we reserve the right to remove content that we deem to be inappropriate. Furthermore, Happy Music Festival maintains the right to prohibit you from making further postings to user-generated modules without requiring a reason.
9. Website Disclaimers
Where is it permissible by law, Happy Music Festival retains the right to exclude all warranties, conditions and terms regarding the user generated modules, whether implied or imposed by some statute, common law, custom or any other type of agreement. Additionally, you agree to the following specific conditions:
- Happy Music Festival does not guarantee or represent any of the content or information that is uploaded onto the user generated modules, which is displayed in it’s original form on the website. This means that Happy Music Festival is not responsible for any inaccurate, dated or erroneous material on the user-generated modules. Additionally, Happy Music Festival does not guarantee that the user generated modules will be free of errors and run smoothly;
- should you suffer any losses during your activities on the user generated modules, or through linkages with third party sites that are available from or referred to on the modules, then you agree that Happy Music Festival has no responsibility or liability to you;
- Happy Music Festival does not certify or make recommendations for any advertisements or promotions that may be put on the user generated modules, and as such has no liability to you regarding the types of third party products or services that are advertised;
- Happy Music Festival holds no responsibility for any opinions, advice or other informational content that is posted to the user generated modules, and has no liability towards you or any user that posts such content;
- Happy Music Festival is not responsible or liable to you should you come across inaccurate, offensive or objectionable material that has been posted or uploaded to the user generated modules; and
- should any condition or warranty be implied by legislation in these terms and conditions, and such legislation circumvents provisions found in a contract, which excludes or changes the application of, exercise of, or the liability under the condition or warranty, then that condition or warranty will hereby be considered included within the terms and conditions. The liability that Happy Music Festival has towards any breach of a condition or warranty in this case will be limited to one or more of the following options of our choosing:
- either replacing or supplying equivalent goods;
- making repairs to the goods;
- covering the cost associated with either replacing or acquiring equivalent goods;
- covering the cost associated with having the goods repaired; and
- supplying the services a second time; or
- covering the cost associated with having the services delivered more than once.
To the extent that it is permissible by law, Happy Music Festival rejects any liability to you that may arise from your activities on the user-generated modules, or in relation to these terms and conditions. This includes any type of direct, indirect, incidental or consequential losses or damages, such as the loss of profits, damaging of reputation, corruption of data, loss of business or business opportunities, loss of savings or loss of goodwill. These losses and damages may be incurred either directly or indirectly while utilising the user-generated modules or in relation to these terms and conditions.
11. Indemnity of Happy Music Festival
In regards to the user generated modules, you agree to provide insurance for, protect and compensate Happy Music Festival should we be held accountable for any claims, costs, fees, damages and liabilities that come about as a result of:
- user content that you have posted that Happy Music Festival retains, processes, utilises, stores, retrieves, or shares. This also includes any data, documents or records that you supply to Happy Music Festival;
- you breaching any of these terms and conditions; or
- any other activity you pursue on the user generated modules to the extent permitted by the law.
13. User Disputes
Should a dispute arise between you and other website users, you agree that Happy Music Festival has no responsibility to supervise, mediate, resolve or settle such disputes.
14. Amendments to Website
Happy Music Festival holds the rights to amend these user generated module terms and conditions at any time, and will post the new terms and conditions on the website. You agree that, in using the user generated modules following the posting of revised terms, you are acknowledging and accepting them. For each time you utilise the user-generated modules, you agree that you will read over the terms and conditions before continuing your activities.