1. TERMS & CONDITIONS
Please read these terms & conditions of use (“Terms”) carefully before using this Site.
Welcome to SoundofMusic.com.ph, the official website for The Sound of Music International Tour (“Site”).
By using the Site, you signify your assent to the Terms and that you agree to comply with and be bound by the Terms. If you do not agree to the Terms, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time without notice. Please check the Terms periodically for changes. Your continued use of the Site following the posting of changes to the Terms will mean you accept those changes. In addition, we may terminate your further access to the Site or change the Site or delete content or features in any way, at any time and for any reason or no reason. From time to time, we may supplement the Terms with additional Terms relevant to specific content or events (“Additional Terms”). These Additional Terms may be placed on this Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and that you agree to comply with and be bound by the Additional Terms.
2. RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by Lunchbox Theatrical Productions (UK) Limited (“Lunchbox Theatrical Productions (UK) Limited,” “we,” “us,” or “our” herein) and all materials, information, functions and other content contained herein (“Materials”) is owned by or licensed to us.
Lunchbox Theatrical Productions (UK) Limited retains full and complete title to the Materials at all times, and all intellectual property and other proprietary rights therein. No Material may be copied, reproduced, republished, amended, modified, revised, edited, changed, added to, deleted, uploaded, posted, transmitted, or distributed in any way, without our express written permission. Any unauthorised attempts to modify any Materials, to defeat or circumvent our security features, or to utilise the site for anything other than its intended purpose is prohibited. However, you may download one copy of the Materials for your personal, non-commercial home use only, provided that:- (a) you keep intact all intellectual property and other proprietary notices; (b) make no modifications of any manner to the Materials; and (c) do not use the Materials in a manner that suggests an association with any of our products, services or brands. The Materials downloaded as aforesaid, including any software, files, images, graphics or text, are licensed to you by Lunchbox Theatrical Productions (UK) Limited strictly for the aforesaid purpose. Title to the Materials or any part thereof shall not in any event be transferred to or in any way vest in you.
Any communication, information or material, which is transmitted by you to the Site by electronic mail or otherwise (“Your Communication”), will be treated as non-confidential and non-proprietary. Accordingly, we, our licensees, distributors, agents, representatives and other authorised users shall be entitled to exploit and disclose Your Communication, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of Your Communication. In this regard, you hereby grant us and our licensees, distributors, agents, representatives and other authorised users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, publish, communicate to the public and otherwise exploit Your Communication, in whole or in part, in all media formats and channels now known or hereafter devised (including on this Site, on other sites owned or affiliated to Lunchbox Theatrical Productions (UK) Limited, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. In addition, you warrant that the holder of any rights, including moral rights in Your Communication, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above.
3. FORUMS AND PUBLIC COMMUNICATION
“Forum” means a chat area, bulletin board, or e-mail function offered as part of this Site. You alone are responsible for your messages and all information and materials contained in your messages (“Message Materials”) and the consequences of such Message Materials, which you submit to the Site. You shall not upload to, distribute through, or otherwise publish through the Site any Message Materials which in the opinion of Lunchbox Theatrical Productions (UK) Limited:
a) may constitute libel, defamation, invasion of privacy, or is in any way obscene, pornographic, abusive, threatening or otherwise harms any person or entity;
b) may infringe any intellectual property or other right of any entity or person;
c) may violate any applicable law or advocates illegal activity or the discussion of illegal activities;
d) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity (whether or not for profit);
e) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication or otherwise interferes with any person or entity’s use or enjoyment of the Site;
f) does not generally pertain to the designated topic or theme of the Forum or is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or
g) contains links to other sites that contain the kind of content which falls within the descriptions set out in (a) to (fg) above.
You shall not use the Site for distributing, disseminating or posting any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication and you specifically acknowledge that soliciting other Site guests to join or become members of any commercial online service or other organisation is expressly prohibited.
You acknowledge that Forum and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to the Message Materials to the Forum. We cannot guarantee the security of the Message Materials you disclose through the Forum and you therefore make such disclosures at your own risk.
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Message Material and (b) identify any user to third parties, and/or disclose to third parties any Message Material or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with applicable laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including this Site. Moreover, we retain all rights to remove the Message Materials at any time for any reason or no reason whatsoever.
By uploading the Message Materials to the Forum or submitting any Message Materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us and our licensees, distributors, agents, representatives and other authorised users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, publish, communicate to the public and otherwise exploit the Message Materials, in whole or in part, in all media formats and channels now known or hereafter devised (including on this Site, on other sites owned or affiliated to Lunchbox Theatrical Productions (UK) Limited, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. In addition, you warrant that the holder of any rights, including moral rights in the Message Materials, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above. You also permit any other member/subscriber to access, display, view, store and reproduce the Message Materials for personal use.
From time to time we will make available to you links from the Site to third party sites (“Third Party Sites”). These Third Party Sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising or products available from such Third Party Sites, the quality, functionality, suitability or legality of the same or for any dealings that you may have, or the consequences of such dealings, with such Third Party Sites operators. You also agree that any dealings you have with such Third Party Sites operators shall be on the terms and conditions (if any) of the Third Party Sites operator and you hereby waive any claim you might have against us with respect to such Third Party Sites. You agree that we are not liable in any way for and you agree to indemnify us in the manner in relation to such dealings. Any arrangements made between you and any Third Party Sites are at your sole risk and responsibility.
From time to time third parties may link to the Site without our express consent or knowledge. Lunchbox Theatrical Productions (UK) Limited is not responsible in any way for any dealings which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to Lunchbox Theatrical Productions (UK) Limited or our users, please let us know.
The content on or otherwise related in any way to this Site or any Third Party Sites or services linked to from this Site is provided “as is” and without conditions or warranties of any kind. To the maximum extent permitted by applicable law, Lunchbox Theatrical Productions (UK) Limited and any other party involved in creating, producing or delivering the Site disclaim all conditions and warranties, express or implied, including those of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and non-infringement. We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any content.
6. LIMITATION OF LIABILITY
You expressly agree that your use of and browsing of the Site are at your own risk. To the maximum extent permitted by applicable law, neither Lunchbox Theatrical Productions (UK) Limited nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use the Site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, or the conduct or actions, whether online or offline, of any user of the Site or any other person or entity including but not limited to, damages for loss of profits, use, data or other intangible property, loss of goodwill or credit, loss of reputation, loss of opportunity, loss of anticipated savings, or which consists of a claim for personal injury (including death) or property damage of any nature whatsoever, whether in contract, tort (including negligence), statute or otherwise, even if Lunchbox Theatrical Productions (UK) Limited has been advised of the possibility of such damages. In no event shall Lunchbox Theatrical Productions (UK) Limited total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this Site or UD$100 (whichever is less). Moreover, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.
You agree to indemnify, keep indemnified, defend and hold Lunchbox Theatrical Productions (UK) Limited and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of these parties and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the Site or any breach by you of these Terms. Lunchbox Theatrical Productions (UK) Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with our defence of such claim.
7. JURISDICTIONAL ISSUES
Unless otherwise specified, the Materials are presented solely for the purpose of promoting the product and associated products, events and services of Lunchbox Theatrical Productions (UK) Limited. Lunchbox Theatrical Productions (UK) Limited makes no representation that Materials are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
In the event that any provision of these Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Term in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales and the laws of Australia. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.