WEBSITE TERMS OF USE
Umbrella Theatrical Productions (UTP)
1. Terms of use
1.1. In these terms of use, "we", "us" and "our" means Umbrella Theatrical Productions (UTP) (ABN 48 734 633 602 of Unit 4, 40 Machinery Drive, Tweed Heads South NSW 2486 Australia). Please read these terms of use carefully as they apply to your use of this website including any content on it (Website). By accessing or using the Website you agree to be bound by these terms of use.
1.2. We may revise these terms of use from time to time. We will display a notice on the Website indicating when any such revisions have been made.
2. Copyright and other rights
2.1. The Website is subject to copyright and possibly other intellectual property rights.
2.2. The text, images, works and all data, in particular the images, footage, scripts, blogs (Website Content) featured on the Website are also protected by copyright.
2.3. Subject to the terms of clause 3 (Licence to use the content on the Website), any use of the Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.
3. Licence to use the content on the Website
3.1. We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
3.2. We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in clause 3.1, licence you to exercise any intellectual property rights unless this is expressly stated.
3.3. Except as provided in these terms of use, permission to use or copy the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at connect@umbrellatheatricalproductions.com.au if you wish to seek such consent.
3.4. Subject to applicable law, we may revoke the permission referred to in clauses 3.1and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Website, including the Website blog, without notice.
4. Linking to the Website
4.1. We encourage you to provide links to the Website. While you may use the name “https://umbrellatheatricalproductions.com.au” in the text of any such link, you may not use the Umbrella Theatrical Productions logo or any of our other trademarks without our prior written consent.
4.2. You must not frame the Website, or represent or imply that any part of the Website belongs to anyone other than us.
4.3. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
5. Accuracy of content
5.1. While every effort has been made to show as accurately as possible the colours of the images that appear on the Website, we cannot guarantee that your computer monitor will display the colour of the images accurately.
5.2. Some of the information on the Website may be provided by third parties, including descriptions, testimonials, reviews and photographs. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
6. Email and SMS services
6.1. The Website provides various ways for you to receive emails and/or SMSs from us, such as alerts when new workshops, classes or events are made available. You can manage these emails and/or SMSs from us and elect not to receive them by selecting the ‘UNSUBCRIBE’ feature where applicable, or by contacting us at connect@umbrellatheatricalproductions.com.au or by calling 0422 570 346.
6.2. If you receive unwanted emails and/or SMSs from us, you may contact us to request that emails and/or SMSs to you be discontinued by selecting the ‘UNSUBCRIBE’ feature where applicable, or by contacting us at connect@umbrellatheatricalproductions.com.au or by calling 0422 570 346.
6.3. While our email and SMS services are provided free of charge from us to you, we are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.
7. Blogging
Removal and suspension
7.1. We may, without notice to you, review, modify or remove any material which you provide in our absolute discretion including where we believe it violates these terms of use.
7.2. We may suspend or cancel your use of the Website blog, either temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these terms of use.
Content of user postings
7.3. The material provided and views expressed by users are the materials of those users and are not ours.
Affirmation regarding age
7.4. By using the Website blog, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
8. Your content
Your responsibilities
8.1. You must not provide any material through the Website blog (Your Content) that:
a) infringes the intellectual property or other rights of another person;
b) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c) relates to unlawful conduct;
d) creates a privacy or security risk to any person, including by soliciting personal information from any person;
e) solicits money from any person;
f) is false, misleading or deceptive;
g) contains financial, legal, medical or other professional advice;
h) would harm, abuse, harass, stalk, threaten or otherwise offend;
i) would reflect negatively on us, including our goodwill, name and reputation;
j) tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
k) would breach any applicable laws; or
l) would otherwise result in civil or criminal liability for you, us or any third party.
8.2. By posting Your Content to the Website blog, you:
a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
b) warrant that you have the right to grant such licence.
Indemnity
8.3. You agree to indemnify and hold Umbrella Theatrical Productions (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of Your Content.
9. General restrictions
9.1. In using the Website, you must not:
a) provide us with inaccurate or incomplete information;
b) violate any applicable laws, or use the Website for any purpose that is unlawful;
c) distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
d) engage in any other conduct that inhibits any other person from using or enjoying the Website.
10. Warranties and liabilities
10.1. All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
10.2. In particular, and without limiting paragraph 11.1:
a) while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
b) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
10.3. We recommend that you install and use up-to-date anti-virus, anti-spy-ware and firewall software on your computer.
10.4. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD $100.00.
10.5. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
a) special, indirect, consequential, incidental or punitive damages; or
b) damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
10.6. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
11. Variation of the Website
11.1. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
12. Links and advertisements
12.1. The Website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
13. Privacy policy
13.1. In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy. Please click on this link [https://umbrellatheatricalproductions.com.au/privacy-policy] to view our privacy policy.
13.2. You may update any personal information you have given us at any time by emailing connect@umbrellatheatricalproductions.com.au.
13.3. Site data, such as the number of times the Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.
14. Force majeure
14.1. Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
15. Infringing or objectionable content
15.1. If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us in accordance with our notice and take down policy linked here[https://umbrellatheatricalproductions.com.au/notice-takedown].
16. General provisions
16.1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
16.2. These terms of use are governed by the laws of New South Wales (NSW), Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales (NSW), Australia.
16.3. These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
16.4. Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
16.5. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
16.6. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
16.7. The word “including” when used in these terms of use is not a term of limitation.
Date of last revision: 25/02/2023