Terms and Conditions
Your use of the Singing Portraits® app ("the app"), website (“the website”), and audio recordings (“audio“) owned by Singing Portraits® Pty. Ltd. ("we", "our" or "us") is subject to:
these Usage Terms;
our Privacy Statement; and
any other terms, conditions, notices or disclaimers displayed on the website or the app
(collectively "Usage Terms").
By using the app and the website you will be deemed to accept the Usage Terms and agree to be bound by them.
Changes to the Usage Terms
We may change the Usage Terms from time to time by publishing an updated version on the website or the app. By continuing to use the app and the website you will be deemed to accept the updated Usage Terms and agree to be bound by them.
Registration is required to access your Singing Portraits® recording
You are required to register with us in order to access the recording you or your dependent made with the app.
When you register with us, you must keep your registration details confidential; you will be responsible for any access to the website and app using your registration details, even if the access is by another person.
No unlawful, infringing or offensive activity
You must not transmit to the website any information or material or otherwise use the website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
No viruses or other interference
You must not transmit to or via the website any virus or other information or material or otherwise use the website in a way which:
tampers with, hinders the operation of or makes unauthorised modifications to the website;
inhibits any other user from using the website;
defames, harasses, threatens, menaces or offends any person; or
contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
We may suspend or terminate your access
We may suspend or terminate your access to all or any part of the website at any time, if you breach these Usage Terms in our reasonable opinion.
Content that you submit to the website
This section applies if you submit, post, transmit or otherwise make any material available via the website ("your content").
Where you do so, you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.
We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time, including to ensure the operational integrity of our services.
You acknowledge that all audio produced with the app remains our exclusive property. We grant you the right to reproduce your content for the purpose of sharing it freely with others. But if you choose to use your content for commercial gain, permission must first be sought and obtained from us.
No warranties or representations
To the maximum extent permitted by law, we do not represent or warrant that the content on the website or app is accurate, reliable, suitable, or complete.
In particular, although we use reasonable care and skill in providing the app and website, we cannot promise that they will be continuously available or virus- or fault- free.
Our liability to you
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.
We are not liable for any loss or damage to the extent that it is caused by you.
To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the website and app in connection with any business purpose.
If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.
Your liability to us
You are liable to us for breach of the Usage Terms or negligence under the principles applied by the courts.
You are not liable to us for any loss to the extent that it is caused by us.
If there is an inconsistency between these Usage Terms and any other terms displayed on individual pages of the website or the app ("other terms"), the other terms will govern to the extent of the inconsistency.
No waiver for breaches
If we do not act in relation to a breach of the Usage Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you.
If you do not act in relation to a breach of the Usage Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.
The Usage Terms are governed by the law in force in the State of New South Wales, Australia.
Last Updated: 10 July 2014