General
The services offered by Silver Note include information linked from the URL http://www.silvernote.com.au/. By accessing and using or browsing any of the Silver Note Website or services (whether or not you are registered for any of the Silver Note services), or by continuing to do so, you accept and agree to bound by the following terms and conditions. You further acknowledge that Silver Note reserves the right to change these terms and conditions from time to time. Any such changes will be notified on this page. The services provided by SilverNote and any right or obligation under these terms and conditions is governed by the laws in force in the State of Victoria, Australia (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any action that arises under these terms and conditions. The failure of SilverNote to exercise or enforce any right or provision of these terms and conditions does not constitute a waiver of such right or provision in that or in any instance. If any provision of these terms and conditions are held to be invalid, unlawful void or otherwise unenforceable, then that provision will be deemed severed from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
Definitions
In these terms and conditions:
'Artist' means a person who has entered into an agreement with Us to advertise, display or otherwise make known, and who does so advertise, display or otherwise make known, that person's services on www.silvernote.com.au.
'Account' means your direct account and payment details and history with Silver Note.
‘Membership’ means your personal/band/entity being a member contained within Silver Note and it’s Linked Services.
‘Service’ means the usage and functions provided to you from Silver Note as a part of being a member. This may involve biographical information, photographic, personal data, etc.
‘Content’ means any text, images, and internal links provided within Silver Note.
'Personal Information' means information that personally identifies You.
'Profile Page' means information displayed on www.silvernote.com.au which advertises an Artist's services.
'We' or 'us' means Silver Note (ABN 67 176 076 220)
'You' means you, the reader of these terms and conditions.
Intellectual Property
This site is owned and operated by Silver Note (ABN 67 176 076 220). The content of this site is protected by copyright. All rights reserved. So, if you want to use anything you see or hear on this site e-mail us to ask for permission first to avoid any legal action. All site designs and graphics are the intellectual property of cubieDESIGN Pty Ltd (ABN 91 045 439 133)
Disclaimer
Silver Note have built this site with the best intentions to provide up-to-date information. Unfortunately it is the nature of the music industry that things change on short notice and therefore SilverNote cannot guarantee the information included on this site. SilverNote is not responsible for the content provided on the artists and teachers listed on the site. Each and every member of Silver Note is wholly responsible for the content contained within his or her page.
Eligibility
Use of the Silver Note Services and registration to be a Member on Silver Note (“Membership”) is void where prohibited. By using the Silver Note Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Silver Note Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Collection of Personal Information
While visiting the SilverNote website, we may ask you to register and/or provide Personal Information for purposes of interacting with our site including, for example, filling out forms, registering and so on. SilverNote will use this Personal Information to assist you in your inquiries and create your online account. SilverNote will not sell or give away your Personal Information to any third parties. If you choose not to give us your Personal Information, you are still able to search profiles, book musicians etc, but will be unable to sign up as a musician, teacher or group. You acknowledge that SilverNote reserves the right to log off accounts that are offensive, inappropriate, in breach of these terms and conditions, or for any other reason whatsoever.
Term
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Silver Note Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Silver Note may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Silver Note reserves the right, in its sole discretion, to reject, refuse to post or remove any posting as made by either a Member or Advertiser, (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Silver Note Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Silver Note reserves the right, in its sole discretion, to reassign or rename your profile URL. Silver Note expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Silver Note Services if Silver Note determines, in its sole discretion, that you have violated this Agreement or pose a threat to Silver Note, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect.
Fees
You acknowledge that Silver Note reserves the right to charge for any portion of the Silver Note Services and to change its fees (if any) from time to time in its discretion. If Silver Note terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Use by Members
The Silver Note Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Silver Note. Silver Note is, for members, a service and means to self-promote and be recognized by employers and the like. As a result, Silver Note holds no guarantee or liability for work being offered to you as a Member, musician, teacher or otherwise. Silver Note reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Silver Note Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Silver Note Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Silver Note reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Silver Note Services. Proprietary Rights in Content on Silver Note Silver Note does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Silver Note Services. After posting your Content on, through or in connection with the Silver Note Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Silver Note Services, you hereby grant to Silver Note a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Silver Note Services.
Links to Other Websites
If any link is offered on an Artist's Profile Page connecting to a third party Website, it is as an accommodation to the respective third party site owner and without charge. Sites linked to and from this site are not necessarily under the control of SilverNote and SilverNote shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. SilverNote does not necessarily endorse companies to or from which this site is linked or to or from sites the linked site may also be linked - nor for that matter to or from the sites linked from them either and so on... If you decide to access any of the third party sites linked to from the Profile Pages of this site, you do so entirely at your own risk. Liability and use of the Artists contained within the site SilverNote is not held responsible for the Artist’s attendance at any Engagement and we are not required to ensure that the Artist undertakes any obligations you agree with the Artist. Any communication undertaken with the artist from their Profile Page is private and solely the business of you and the Artist being engaged. SilverNote is not liable for any aspect of the performance being arranged including, but not limited to, punctuality, attendance, behavior, quality of performance, fee negotiated and so forth.
Limitation on Liability
In no event shall Silver Note be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of the Silver Note services or linked services, even if Silver Note has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Silver Note's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Silver Note for the Silver Note Services during the term of Membership.
Artist fees
The fee for hiring an Artist through SilverNote is entirely at the discretion of that Artist. SilverNote takes no commissions or fees from potential or actual employers of an Artist. SilverNote takes no liability or responsibility in the engagement and negotiation of the fees associated with booking an Artist.
Content/Activity Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Silver Note Services. Silver Note reserves the right to investigate and take appropriate legal action against anyone who, in Silver Note's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Silver Note Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Silver Note:
8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits or is designed to solicit personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Silver Note such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Silver Note Website and through your use of the Silver Note Services. Silver Note reserves the right to investigate and take appropriate legal action against anyone who, in Silver Note's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sendingof viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Silver Note Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Silver Note reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Silver Note deems appropriate in its sole discretion.
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Silver Note Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Silver Note Services other than your Content which you legally post on, through or in connection with the Silver Note Services;
8.22 providing or using “tracking” or monitoring functionality in connection with the Silver Note Services, including, without limitation, to identify other Users’ views, actions or other activities on the Silver Note Services;
8.23 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Silver Note page via HTML/CSS or any other means;
8.24 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
8.25 interfering with, disrupting, or creating an undue burden on the Silver Note Services or the networks or services connected to the Silver Note Services;
8.26 impersonating or attempting to impersonate Silver Note or a Silver Note employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
8.27 for band, soloist, teacher and other profiles containing a Silver Note player, copying the code for your Silver Note Player and embedding it (or directing others to embed it) anywhere other than in your band profile on Silver Note;
8.28 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.29 selling or otherwise transferring your profile, your email address or URL;
8.30 using or distributing any information obtained from the Silver Note Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.31 displaying an unauthorized commercial advertisement on your profile, links to e-commerce sites not authorized by Silver Note, posting status or mood updates, blogs or bulletins with a commercial purpose, or sending messages with a commercial purpose;
8.32 relaying email from a third party's mail servers without the permission of that third party;
8.33 using invalid or forged headers to disguise the origin of any Content transmitted to or through Silver Note’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
8.34 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Silver Note Website for the purposes of sending unsolicited or unauthorized material;
8.35 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
8.36 using the Silver Note Services in a manner inconsistent with any and all Applicable Law.