Terms & Conditions
The website located at www.erkyperky.com.au ("Website") is solely owned and operated by Ambience Entertainment Pty Limited (“Ambience Entertainment”) Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website ("Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Ambience Entertainment reserves the right to amend the Terms of Use at any time without notice to you. Since you are bound by the Terms of Use, you should periodically refer to them in this document and elsewhere on the website.
Intellectual Property and Restrictions on Use of Content on the Website
All right, title and interest (including copyright) in all information, text, sound recordings, artworks, graphics, software, advertisements and any other material on the Website ("Content") are owned and/or controlled by Ambience Entertainment, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download, print and view the Content for your personal, non-commercial use. Otherwise, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in the Terms of Use or expressly authorised in writing by Ambience Entertainment.
Requests must be made in writing to Ambience Entertainment for permission to use an Erky Perky logo or trade mark for the purpose of linking to the Website from other websites.
You must not use the Website in any manner or for any purpose which amounts to a criminal offence or civil breach in any Australian or any other jurisdiction or in any manner which violates any right of Ambience Entertainment or any other party or restricts or inhibit any other user from using or enjoying the Website or which is otherwise prohibited by the Terms of Use.
Disclaimers
The Website is not provided to you as a service. All Content is provided "as is" and, to the fullest extent permitted by law, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Ambience Entertainment does not warrant that the functions contained in any Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components. Ambience Entertainment does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Ambience Entertainment) will Ambience Entertainment or any affiliated corporation or their respective directors or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Ambience Entertainment does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Links To Third Party Websites
The Website may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Ambience Entertainment and Ambience Entertainment is not responsible for the content of any linked web or any hyperlink contained in a linked website. Any relationship between Ambience Entertainment and a linked website is independent of the Website notwithstanding that Ambience Entertainment may receive a fee for the provision of the hyperlink. Ambience Entertainment provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Ambience Entertainment or its affiliated corporation. You link to any such website entirely at your own risk.
Communications Facilities
The Website may contain communication facilities which provide for interaction between users and Ambience Entertainment, the Website and real-time interaction between users by means of electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
- restrict or inhibit any other user from using or enjoying any Communication Facility;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Ambience Entertainment may from time to time, but has no obligation to, monitor or review the contents of its Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
Ambience Entertainment reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Termination
The Terms of Use, as may be amended, are effective until terminated by Ambience Entertainment. Ambience Entertainment may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website but all restrictions imposed on you, licenses granted by you and all Ambience Entertainment disclaimers and limitations of liability set out in the Terms of Use will survive.
Miscellaneous
Ambience Entertainment relies on your continued observance of the Terms of Use. Any breaches of the Terms of Use by you may result in legal action by Ambience Entertainment against you. If Ambience Entertainment suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Ambience Entertainment for those losses, damages and costs.
Applicable Law
The Terms of Use are governed by the laws of New South Wales and Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and Australia. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.
The use of the Website and its elements is intended to take place in New South Wales, Australia. Use in other locations is undertaken at your own risk and compliance with any applicable local law is your responsibility.
All rights not expressly granted herein are reserved.
Contact Us
All correspondence concerning the Terms of Use should be addressed to:
Ambience Entertainment
Level 1, 4-16 Yurong Street
East Sydney NSW 2010, AUSTRALIA