Website Terms of Use

These terms govern your use of https://www.ariamusicteacheraward.com.au (the Website).  This Website is provided to you by the Australian Recording Industry Association Limited (ACN 000 692 944) (ARIA). By using this Website, you agree to be bound by these website terms of use and the Privacy Policy (Terms Of Use). These Terms Of Use (including the Privacy Policy) govern your use of this Website and form a binding agreement between you and ARIA. For this reason, these Terms Of Use are important and you should ensure that you read them carefully and contact us with any questions before you use this Website.

ARIA reserves the right to change these Terms Of Use and the Privacy Policy at any time without prior notice to you. You should ensure that you regularly review these Terms Of Use and the Privacy Policy to keep yourself informed of such changes. Your continued use of the Website constitutes your acceptance of these Terms Of Use and any changes to the Terms Of Use. Any personal information that you provide to ARIA via this Website is governed by the Privacy Policy. Please refer to the Privacy Policy published on the Website.

LICENCE TO USE THIS WEBSITE

This Website may include content provided by and The Song Room (ACN 159 071 584) (The Song Room). Subject to these Terms Of Use, ARIA and The Song Room grant you a limited, non-exclusive, revocable, non-transferable licence for the purpose of accessing and making personal, non-commercial use of the Website and the content published and accessible on the Website.

All material contained on this Website is fully protected by copyright law, trade mark law and other laws and may not be copied, imitated, published, communicated or transmitted in whole or part unless expressly permitted by ARIA and The Song Room. Nothing in these Terms Of Use constitutes a transfer of any intellectual property rights.

You are not permitted to remove, alter or in any way obscure any copyright or trade mark notices. Any unauthorised use, including but not limited to, reproduction, transfer, transmission or dissemination is strictly prohibited. If you would like to use any material on this Website for any purpose (other than personal and non-commercial use), then please contact ARIA for further information.

All permissions for film and/or images of children that appear on this Website have been received from the children’s schools or legal guardians. You are not permitted to reproduce or use these images/recordings for any purpose.

You must not use this Website (whether directly or indirectly), or use any service provided on this Website, to send advertising, spam, competitions or unsolicited messages.

MATERIALS POSTED BY YOU
By posting, submitting or adding any materials (whether it is photos, text, videos or other content) (Your Materials) to this Website, you grant to ARIA and The Song Room, without any credit or compensation to you, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and fully transferable, assignable licence to use Your Materials in any way in association with or in relation to the ARIA Awards, the ARIA Music Teacher of the Year Award (including, without limitation, by reproducing, changing, and communicating, publishing and displaying Your Materials to the public) and permit ARIA and The Song Room to authorise any of their partners or licensees to do the same thing. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. 

You represent and warrant to ARIA and The Song Room that you have all the necessary rights to grant the licences and consents set out in the above paragraphs, that you have the permission of anyone depicted or appearing in Your Materials, and that you are not infringing any person’s rights by providing Your Materials to ARIA and The Song Room.

You are solely responsible for any material that you post to this Website. You must not add any materials to this Website:
 

  1. unless you hold all necessary rights, licences and consents to do so;
  2. that would cause you or ARIA or The Song Room to breach any law, regulation, rule, code or other legal obligation;
  3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, racist or liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  4. that would bring ARIA, The Song Room or this Website, into disrepute;
  5. that are, or are likely to be, false, misleading or deceptive;
  6. that contains financial, legal, medical or other professional advice; or
  7. that infringes the intellectual property or other rights of any person.


Under no circumstances will ARIA or The Song Room be liable to you in any way for Your Material including but not limited to, any errors of omissions, or for any loss or damage of any kind incurred as a result of Your Materials.

ARIA and The Song Room is not responsible for the conduct, whether online or offline, of any user of the Website.

Personally identifiable information that may be received by this Website is provided voluntarily by you and is governed by the terms of the Privacy Policy.

CONTENT AVAILABLE FOR STREAMING

This Website may allow you to access, view and listen to certain sound recordings, music videos and other material as a stream (the Content). You must only view the Content through this Website. You must not 'deep link' directly to Content on this Website, unless you have approval from the relevant rights holders to do so. ARIA and The Song Room grant you a limited, personal, revocable, non-transferable and non-exclusive licence to view the Content as a stream for your own private, non-commercial use, provided that you must not:
a.    copy or attempt to copy the Content (other than the temporary copying which is a necessary part of the technical process to view or listen to the streaming Content) or store the Content in any way;
b.    modify or adapt the Content in any way;
c.    communicate, perform, publish, distribute or otherwise provide the Content to any third party in any way; or
d.    sell, rent, lease, loan or otherwise exploit for profit any Content or use of or access to any part of this Website or offer to do any of those things.

REGISTRATION

To access certain parts of this Website, you may be required to register with ARIA. As part of any registration process, you must provide complete and accurate registration information. You accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, and must ensure that any security access codes (such as usernames and passwords) are kept confidential and secure from unauthorised access and not used by, or disclosed to, any other person.

LINKS AND ADVERTISEMENTS

This Website includes links to third party websites, which are provided for your information and convenience only. These third party websites may be developed and maintained by third parties over whom ARIA has no control. ARIA does not accept any responsibility for any third party websites. ARIA also does not warrant the accuracy, completeness, legality and reliability of any third party websites. ARIA does not make any other representation or endorsement in relation to any third party websites or any service available on a third party website.

You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of this Website (Advertisers). Your dealings with any Advertisers, including the purchase of goods and services from Advertisers, is between you and the Advertisers and ARIA and The Song Room are not responsible or liable to you in any way in connection with such activities.

DISCLAIMER AND LIMITATION OF LIABILITY

To the fullest extent permitted by law, this Website and the information provided on this Website are provided on an "as is" and “as available” basis. You may not rely on this Website or the information provided at this Website as being accurate or comprehensive. While every effort has been made to ensure accuracy, ARIA and The Song Room cannot be held responsible or liable for any errors or inaccuracies, or for any consequences arising from such inaccuracies. You should independently verify the accuracy and comprehensiveness of the information provided at this Website. ARIA also does not guarantee continuous, uninterrupted or secure access to this Website.

You are responsible for all risks associated with your use of this Website including without limitation the risk of damage to your computer, network, software or data (whether caused by a virus or otherwise) arising out of or in connection with your use of this Website.

To the extent permitted by law, ARIA and The Song Room exclude all implied conditions and warranties, including without limitation as to completeness, accuracy, timeliness of the information contained at this Website. If conditions and warranties are implied by law under the Competition and Consumer Act 2010 (Cth) and similar legislation and cannot be excluded, ARIA and The Song Room limit their liability to the extent permitted by law to re-supply or payment of the cost of resupply of services provided on this Website.

TERMINATION OR SUSPENSION

Although ARIA and The Song Room have no obligation to so, ARIA and The Song Room retain the right in our sole discretion to monitor, modify, suspend, block or terminate your access to this Website for any reason at any time without notice and without liability to you. The operation of these Terms Of Use will survive any suspension or termination of your access to this Website.

INDEMNITY

You indemnify and hold ARIA and The Song Room, their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these Terms Of Use by you.

GENERAL

There may be ‘cookies’ or other data collection used on the Website. Please refer to the Privacy Policy for further information about this.
If any provision in these Terms Of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. The governing law of this Website is New South Wales law and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Any rights not expressly granted herein are reserved. Contact aria.mail@aria.com.au with questions or problems, as appropriate.