The Song Room Web Site

The Song Room Online Site

1. TERMS & CONDITIONS

   1. In these Terms and Conditions of The Song Room Online Membership Internet site (Site), we or us means The Song Room Inc.
   2. In these Terms and Conditions of the Site, you or your means Members of The Song Room Inc.
   3. Members are eligible schools and special needs communities as follows:
      1. (i)Socio-economically disadvantaged school communities without full-time specialist music/creative arts staff;
      2. (ii)Indigenous communities both in urban and remote rural regions;
      3. (iii)Special schools for children with learning, health and disability challenges
      4. (iv)Schools with a high proportion of new arrivals and/or a high proportion of English as a Second Language students;
      5. (v)Schools in identified areas of high juvenile crime;
      6. (vi)Schools in socio-economically disadvantaged regions with students who are disengaged, and/or have behavioural problems.
      7. (i) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any other purpose without our prior written consent; or
      8. (ii) otherwise infringe the intellectual property rights of any person in using the Site or any Content.
   4. Nothing you do on or in relation to the Site will transfer any copyright or intellectual property rights in the Content to you or licence you to exercise any intellectual property rights over the Content.
   5. You acknowledge that our corporate name "The Song Room" and logo are our trademarks. All rights in our trademarks are reserved by us. All other trademarks appearing on our Site are the property of their respective owners.

2. ACCURANCY AND CONTENT OF THE SITE

   1. We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
   2. You acknowledge that the Content on the Site is liable to change at any time.

3. YOUR USE OF THE SITE

   1. In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
      1. (i) any law, rule or regulation of any country (or political sub-division of a country);
      2. (ii) any obligation under any licence in any country (or political sub-division of a country); and
      3. (iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
   2. You must not:
      1. (i) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
      2. (ii) violate any Applicable Law relating to your use of the Site; or
      3. (iii) collect or store personal data about other users of the Site.

4. LINKS, DOWNLOADS, PLUG-INS, FEATURES AND ADVERTISEMENTS

   1. We have not reviewed all of the sites, downloads, plug-ins, features or activities linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links you do so at your own risk. We do not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information supplied to us.
   2. Your correspondence or dealings with, or participation in activities on other sites linked to this Site, are solely between you and such other sites. We will not be liable or responsible for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of links to other sites on the Site.

5. USE OF THE SITE IS AT YOUR RISK

   1. Subject to paragraph (b), you use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
   2. If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (a) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

6. LIMITATION OF LIABILITY

   1. To the extent permitted by any Applicable Law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
   2. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

7. GENERAL PROVISIONS

   1. If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
   2. This agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.