TERMS AND CONDITIONS

THE INCREDIBLE PRODUCTION COLLECTIVE PTY LTD

ARTIST SUBSCRIPTION AND WEBSITE TERMS OF USE

This website (Site) is operated by The Incredible Production Collective PTY LTD(weour or us).  It is available at: www.theincredibelproductioncollective.com and may be available through other addresses or channels.

Artists: Term for Director, Photographer, Content Maker and DOP

Artist payments: To be present on the platform, all artists must pay a monthly subscription fee of $100pcm. The first three months from going ‘live’ on the site is given fee free.

a) Payments will commence automatically on the three month date provided to the artists, upon ‘live’. A Welcome email to artists clarifies the date.

b) Payment set up is created by artists completing a payment form in their IPC profile.

c) Payments are made via the artists VISA or MASTERCARD debit or credit card ( chosen and approved by the artist). Set up via IPC payment form, automated to leave permitted account on the artists monthly anniversary.

d) Artists payment details are not held by IPC. Private financial details are held by third party eWay.

e) Artists are not contracted to IPC, but must agree upon signing up to provide IPC with 30 days notice prior, to the artist no longer wishing to subscribe to IPC and its services.

f) IPC requires 30 days administration period for cancelling payments, site subscription, internal comms and other media channels the artist may appear on.

g) The Artists profile will appear on the IPC website for the 30 day disunion process.

h) IPC does not provide any refunds on subscription fees.

FOR ARTISTS CONTENT ON IPC SITE SEE BELOW

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site (Privacy). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

User and Artist Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

User Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

User and Artist Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a)   anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b)   using our Site to defame, harass, threaten, menace or offend any person;

(c)    interfering with any user using our Site;

(d)   tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)   using our Site to send unsolicited email messages; or

(f)     facilitating or assisting a third party to do any of the above acts.

User Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

User Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

User Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site. The Content is owned and licenced by either IPC or the Artists. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a)        copy or use, in whole or in part, any Content;

(b)        reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)         breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Artist Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content on our Site.  By making available any Artist Content on or through our Site, you grant to IPC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the Artist Content, with the right to use, view, copy, adapt, modify, distribute, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such Artist Content on, through or by means of our Site, other Marketing Channels and IPC PR.

You agree that you are solely responsible for all Artist Content that you make available on or through our Site.  You represent and warrant that:

(a)        you are either the sole and exclusive owner of all Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such Content (as contemplated by these Terms); and

(b)        neither the Content nor the posting, uploading, publication, submission or transmission of the Content or our use of the Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any Content. We may, at any time (at our sole discretion), remove any Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a)   they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)   access will be uninterrupted, error-free or free from viruses; or

(c)    our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

User and Artist Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales . You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

The Incredible Production Collective ABN: 85623019358

Email: helen@theincredibleproductioncollective.com

Last update: 27th February 2020

Website Terms of Use provided by LegalVision.com.au

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