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Terms & Conditions

1. Acceptance of Terms of Service

1.1 TheatreLink is provided free of charge to you by TheatreLink ("TheatreLink ") under these terms of service (Terms of Service). These Terms of Service govern your use of TheatreLink (whether you are a member, a subscriber or a visitor) and govern all services provided to you by TheatreLink in connection with TheatreLink, including but not limited to, access to message boards and use of any email accounts, and other features and services such as personal home pages, provided from time to time. The address and contact details for TheatreLink can be found in our Privacy Policy
1.2 TheatreLink is intended for use by you in the Australia only. We make no warranty or representation that TheatreLink (or any element of it) is appropriate or available for use in locations outside the Australia. Accessing TheatreLink from territories where your access to it is prohibited or where such service (or any part thereof) is considered illegal or unlawful is not permitted under these Terms of Service. If you choose to access TheatreLink from locations outside the Australia, you do so on your own initiative and you are responsible for compliance with all applicable local laws.



2. Amendments

2.1 We reserve the right to amend these Terms of Service from time to time without notice to you. Please check the Terms of Service periodically to see whether a change has been made to them. We may (at our discretion) provide you notice of such changes to any email address you have provided to TheatreLink. If you do not agree with any change in these Terms of Service, please discontinue further use of TheatreLink. Your continued use of TheatreLink will signify your acceptance of any change in the Terms of Service set out here.
2.2 From time to time TheatreLink may supplement these Terms of Service with additional terms applying to specific content or events, such as competitions ("Additional Terms"). Any Additional Terms will be clearly placed on TheatreLink to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms of Service.
2.3 TheatreLink UK may modify or discontinue TheatreLink with or without notice to you and without liability to you or any third party.



3. Registration

3.1 Although portions of TheatreLink may be viewed by anyone who visits TheatreLink you will need to register as a member in order to access some TheatreLink services including the message boards.
3.2 When you register with us you are stating that you are over 18 years of age or are a minor over 13 years of age with parental consent to use the service you are registering for. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents or legal guardian before they complete any registration process or provide us with any information about themselves. We do not allow persons who we know to be 13 years of age or younger to register with TheatreLink.
3.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times. TheatreLink reserves the right to terminate your membership and access to any specific content if TheatreLink learns that you have provided TheatreLink with false or misleading registration information.



4. Password and Security

4.1 When you register to use TheatreLink you will be asked to create a password. You must keep this password confidential and must not disclose it to or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under your password. If you know or suspect that someone else knows your password you agree to notify us immediately.


5. Privacy Policy

We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from you or that you provide to us. Please see our privacy policy, which forms part of these Terms of Service. All use of your personal information will be in accordance with our Privacy Policy and applicable data protection legislation.


6. Your use of TheatreLink

6.1 TheatreLink does not read every message posted on the message boards and, as such, we do not guarantee the accuracy, integrity or quality of such content. While we require all users of TheatreLink to comply with these Terms of Service (including the standards below), you understand that, by using TheatreLink, it is possible that you may be exposed to content that is offensive, indecent or objectionable. If you see a message which you believe breaks the following standards please report it to us immediately using the 'Report this message' link at the bottom of the post. All reports are reviewed as soon as possible during normal office hours.

The views expressed on our message boards are not those of TheatreLink.

6.2 You alone are responsible for the content of your messages and your use of TheatreLink and the consequences of any such messages. By using TheatreLink you agree to comply with the following guidelines:

(a) TheatreLink is to be used by you for your personal use only and use of TheatreLink for commercial purposes or to obtain financial gain are strictly prohibited without TheatreLink's prior written consent.

(b) TheatreLink may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind unless the recipient has given specific permission to be included in such a list. TheatreLink may not be used to advertise a company, product or service or to recruit staff.

(c) You are not permitted to post links to alternative community groups unless it is with the express permission of TheatreLink.

(d) You may not post to TheatreLink or use TheatreLink to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party's intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal flow of a message board.

(e) You (whether acting in your capacity as a journalist in any media or otherwise) must not post appeals for case histories on TheatreLink All media requests should be sent to TheatreLink. Unauthorised appeals for information will be removed from TheatreLink.

(f) You must not impersonate any other person or entity, whether actual or fictitious.

(g) You must not create any member names which mimic or impersonate an TheatreLink member of staff, Community Moderator, Community Leader or other TheatreLink member.

(h) You must not use TheatreLink or any part of TheatreLink in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.

(i) You will not harass or intimidate any TheatreLink member either on a message board or via email communication.

(j) You must not post or use any part of TheatreLink to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

6.3 TheatreLink reserves the right in its absolute discretion at any time to edit, alter, delete or move any material whatsoever posted to, appearing on or distributed by TheatreLink and you. TheatreLink will not enter into any discussions about its decision to edit, alter, delete or move such material.

6.4 TheatreLink may at any time, and without prior or post warning, close discussions on message boards as it feels appropriate. No discussion will be entered into.

7. Intellectual Property

7.1 TheatreLink, its contents and all Rights therein are owned by TheatreLink (and/or its licensors). "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) TheatreLink is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
7.2 You may view, print, download or temporarily store extracts from TheatreLink for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any TheatreLink material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any TheatreLink content or materials.
7.3 By submitting content, which shall include your member name, to any "public area" of TheatreLink, including message boards, forums, contests and chat rooms, you grant TheatreLink and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.
7.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on TheatreLink retains any and all Rights that may exist in such content.


8. Third Party Web Sites, Goods and Services

8.1 TheatreLink provides links to third party web sites that are not affiliated with TheatreLink (although TheatreLink branding may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
8.2 All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and TheatreLink will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against TheatreLink with respect to any such sites.
8.3 Subject to the terms of our Privacy Policy, third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. TheatreLink makes no representation or warranty with respect to the content of any email messages sent by third parties or any goods or services which may be obtained from such third parties as a consequence of these emails, and you agree that TheatreLink shall have no liability with respect thereto.


9. Disclaimer of Warranties

9.1 TheatreLink is provided on an "as is" and "as available" basis. TheatreLink expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
9.2 You understand and agree that TheatreLink does not guarantee the accuracy or completeness of any information in or provided in connection with TheatreLink. TheatreLink UK is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst TheatreLink is provided for the general information of the general public, all information is provided on the basis that neither TheatreLink, its employees or consultants or its members, while such members are participating in TheatreLink, are engaged in rendering legal, medical, counselling or other professional services or advice. TheatreLink advises you to seek appropriate professional advice or care for any situation or problem which you may have.
9.3 TheatreLink shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on TheatreLink. Your participation in TheatreLink is solely at your own risk. No advice or information, whether oral or written, obtained by you from TheatreLink UK or through TheatreLink shall create any warranty not expressly made in these terms of service or imposed by law.
9.4 TheatreLink makes no warranty that the TheatreLink will meet your requirements, or that the TheatreLink network will be uninterrupted, timely, secure, or error free; nor does TheatreLink make any warranty as to the results that may be obtained from the use of TheatreLink.
9.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of TheatreLink is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

10. Limitation of Liability

10.1 Except as required by law, TheatreLink shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill, revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether TheatreLink has been advised of the possibility of such damages.
10.2 TheatreLink will not be liable for any such losses or damages whether arising in contract, tort (including negligence) or otherwise arising out of or in connection with this website including without limitation the use or the inability to use TheatreLink, or messages received, or transactions entered into through TheatreLink, or resulting from unauthorised access to or alteration of your transmissions or data.
10.3 Nothing in these Terms of Service shall operate to exclude or restrict TheatreLink's liability for death or personal injury caused by negligence.


11. Emails and Personal Home Pages

TheatreLink assumes no responsibility for the deletion of or failure to store e-mail messages or for any problems with its personal home page service. Whilst the security of your personal information is a priority to us, you should be aware that e-mails you send to us are not necessarily secure when they are transmitted to us. If your communication to us or any third party is sensitive or includes highly confidential information such as credit card number, you may want to provide it by post or via the telephone instead.


12. Termination & Remedies for Breach of these Terms by You

12.1 TheatreLink will be entitled to restrict, suspend or terminate your membership or deny you access to TheatreLink or take such other action as TheatreLink deems appropriate if TheatreLink determines, in its sole discretion, that you are in breach any of the Terms of Service or TheatreLink considers in its sole discretion that your use of TheatreLink is inappropriate or otherwise unacceptable.
12.2 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which TheatreLink may have against you in respect of your breach of these Terms of Service.
12.3 TheatreLink shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstancesas specified in our Privacy Policy.


13. Indemnification

You agree to indemnify and hold each of TheatreLink, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of TheatreLink, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, or of any intellectual property or other right of any other person or entity.


14. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.


15. Miscellaneous

15.1 In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.
15.2 Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
15.3 TheatreLink may assign its rights and obligations under these Terms of Service and upon such assignment TheatreLink shall be relieved of any further obligation under these Terms of Service.
15.4 These Terms of Service, any Additional Terms (as defined in section 2 above) and the Privacy Policy constitute the entire understanding between you and us as to your use of TheatreLink and supersede all prior agreements and understandings between us and you. Nothing in these Terms of Service shall operate to exclude or restrict your or our liability for fraudulent misrepresentation.

 

 
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