Introduction

Together with the Small Press Network (hereafter ‘SPN’) Privacy Policy, these terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, please stop using this website.

SPN is entitled, at its sole discretion, to amend, add or remove any part of these terms and conditions at any time without notice. You should periodically read these terms and conditions. If you continue to use this website after any such change to these terms and conditions, you will be deemed to agree to the amended terms and conditions.

If you use this website to make a payment to SPN, or obtain a ticket or pass to attend a SPN event, then additional Terms of Sale will also apply.

Intellectual Property Rights

This site and its contents are subject to copyright. The site material copyright is owned by the Small Press Network and/or its suppliers/members.

You may make copies of any information reasonably required for your viewing of the website and may retain a single permanent copy for your personal reference. You agree that you will not use the Content on this website for any other purpose or in any other manner that infringes SPN’s or any third party’s copyright, trade mark, patent, intellectual property or other rights.

SPN does not claim ownership of any materials you post, upload or submit to any publicly accessible area of this website. However, by doing so you are granting SPN a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as you elect to display such Content via this website. You consent to SPN doing so even if, but for this clause, it would infringe your moral rights.

In the event you believe that material or content published on the website may infringe on your copyright or that of another, please contact us.

Links to Third Party Websites

This website may include links to third party websites that are controlled and maintained by others. You acknowledge and agree that SPN is not responsible for the content or availability of any such websites.

Personal Information

SPN is committed to maintaining the privacy of its users and maintaining the security of any personal information received from you.

We, or our third party service providers, may engage in or send you direct marketing communications and information that SPN considers may be of interest to you (eg. special offers or benefits). By signing up to our services as a Member or an Associate; purchasing a ticket to any of our events; or subscribing to any of our newsletter distribution lists, you consent to us and our approved third party service providers doing so. You may opt-out of receiving communications and information from us by contacting us or by using any opt-out facilities provided in the communications and information.

Please refer to our Privacy Policy for further information.

Acceptable Use

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (Content), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. SPN will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the website and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

In using this website you agree not to:

  • make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the website or any computer, system or property of SPN or another person;
  • attempt to gain unauthorised access to any part of the website, other accounts, applications, computer systems or networks connected to the website through hacking, password mining or any other means;
  • use the website to search for, access, store, upload or send any material which is pornographic, abusive, obscene, offensive, threatening or harassing;
  • use the website in any manner that could damage, disable, overburden or impair the website or interfere with any other person’s use and enjoyment of the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
  • threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others, as set out in the Privacy Act 1988 (Cth);
  • use any information or material in any manner that infringes any copyright, trade mark, patent or other proprietary right of any person;
  • post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
  • post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
  • use the website to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
  • impersonate or otherwise misrepresent your identity or affiliation with any other person or entity; or
  • commit forgery (or attempted forgery).

The opinions and views expressed by SPN users do not necessarily represent those of SPN.  In addition, SPN does not endorse, verify or support the content of such opinions or views.  Users are solely and fully responsible for any content that they transmit via this website.  However, SPN is the final moderator of what is and is not permissible for inclusion. SPN also reserves the right to edit, modify, or remove any content, (including but not limited to text, images, and sound files) submitted to, or transmitted via this website and to cancel any account, at any time, for any reason without prior notice.

SPN is not obligated to maintain backup copies of any material submitted to or transmitted via this website.

Indemnity

You agree to continually indemnify, defend and hold SPN harmless from and against any breach by you of these terms and conditions and any claim or demand brought against SPN by any third party arising out of your use of this website and/or any Content submitted, posted or transmitted through the website, including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by SPN in consequence of your breach of these terms and conditions or from your violation of any applicable law.

Disclaimer

SPN will endeavour to ensure that the information provided on this website is accurate. However, SPN does not guarantee or warrant the reliability, timeliness, completeness, suitability for a particular purpose or accuracy or any advice, opinion, statement, representation, media release or other information displayed on, contained in or accessible through the website, including event descriptions or other Content accessible on this website.

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on “as is” basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

Neither SPN, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

You acknowledge that your access to and use of the website (including the software operating in connection with the website) may be interfered with by factors outside of SPN’s control. SPN does not guarantee, warrant or represent that the functionality of the website will be secure, continuous, uninterrupted or error free or that errors or defects in the operation of the website will be corrected.

SPN does not warrant that this website, its servers or e-mails sent from SPN are free of viruses, Trojan horses, worms, time bombs, cancelbots or other malicious programs or code or anything else which may be harmful or destructive.

Applicable Law

This site is controlled by SPN. Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

This site may be accessed throughout Australia and overseas. SPN makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

User Forum

The content of material posted to the Forum page is the opinion of the person submitting the material for posting only, and such material is posted to the Forum only for the purpose of an exchange of opinions.  SPN does not endorse, sponsor, or guarantee any such postings, and SPN is not affiliated in any manner with the persons submitting such material for posting.  No warranty of any kind is made as to the accuracy of such material.

SPN will, but is not obligated to, monitor or review any areas on the website where users transmit or post communications or communicate solely with each other, including but not limited to user forums, and the content of any such communications. SPN, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. SPN may edit or remove content on the website at their discretion at any time.

TERMS OF SALE

Application of Terms

If you purchase a subscription (Member or Associate) to SPN or a ticket to an SPN event (including without limitation the purchase of any ticket, pass or donation), the following terms and conditions of sale (Terms of Sale) apply.

Indemnity

You agree to repay or pay on demand any amounts found to be unauthorised and will indemnify SPN and its officers, directors, employees, consultants, licensors, suppliers and agents against all losses of whatsoever kind in respect of the disputed transaction, including (but not limited to) the amount of the original payment, any fines, penalties, legal fees and any other costs or charges of whatsoever kind.

Limitation of Liability

You agree that your use of the payment process is at your own risk.

You accept all risk and responsibility for all loss, damage, costs and other consequences resulting from using this website to purchase tickets or memberships.

By purchasing a ticket or pass, or otherwise attending an event, you agree that you are responsible for your own safety and property and agree to release SPN and its officers, directors, employees, consultants, licensors, suppliers and agents from any liability for any damage, loss, liability or injury you may suffer in relation to your attendance at a venue, howsoever caused, including but not limited to any negligence or other act or omission of SPN. This clause is subject to any applicable laws.

Warranties

You warrant that any payment made to SPN (including, without limitation, the purchase of any membership, ticket or pass) is a payment that you have the authority to make using either your own credit card or another credit card, your use of which has been expressly permitted by the authorised holder of that credit card for this purpose.

Passwords

You must maintain the confidentiality of your password and not disclose or provide it to any other person. If you become aware of any unauthorised use of your password or account, you must notify SPN immediately.

Transactions

Memberships and tickets are valid only when purchased directly from SPN.

All transactions are in Australian dollars.

You agree that, after you have made a payment, no refunds or exchanges can be given.