In this Policy:
- headings are for convenience only and do not affect interpretation;
- mentioning anything after "includes", "including", "for example", "such as" or similar expressions does not limit what else might be included;
- if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- a reference to a "person" includes an individual, corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
- a reference to this Policy is this Policy as amended in accordance with the section headed "Variation of Policy" below.
This Policy is governed by the laws of New South Wales, Australia. In relation to it and related non-contractual matters, each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.
The KPO does not accept responsibility or liability for any comments, images, content, media or any other materials posted, uploaded, communicated, provided or otherwise generated by you or any other user of KPO Social Media other than the KPO (Contributions). Contributions are not representative of the opinions of the KPO or any of its officers, agents or employees, nor does the KPO confirm their accuracy.
We encourage the expression of opinions and free, frank and open discussion, but we also require users to act lawfully, responsibly and courteously.
The KPO reserves the right to (where possible) delete or remove from KPO Social Media:
- Contributions that contain violent, obscene, lewd, vulgar, inappropriate, profane, hateful, derogatory, illegal, unlawful or racist materials or links, or incite such comment or behaviour;
- Contributions that contain materials or links that promote bigotry, racism, hatred or harm against any person or group of persons, or which promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contributions that contain materials or links that threaten or defame any person or group of persons, or constitute the tort of injurious falsehood;
- Contributions that contain solicitations, advertisements (including for KPO tickets), or endorsements of any financial or commercial business or other endeavour;
- multiple successive off-topic Contributions by a single user;
- repetitive Contributions copied and pasted or duplicated by single or multiple users;
- Contributions that contain materials or links that are offensive, inaccurate, false, misleading or deceptive or otherwise unlawful;
- Contributions that infringe third party intellectual property rights;
- Contributions that contain any other inappropriate materials as determined by the KPO in its absolute discretion; and
- Contributions that contain links to any online location contains any of the above.
Users who do not comply with this Policy may also (where possible) be blocked or banned from KPO Social Media, or any part of it, in the KPO's absolute discretion.
Your Intellectual Property
Unless otherwise stated in relation to a particular KPO promotion or campaign, the KPO does NOT claim ANY ownership rights in any Contributions. However, by making a Contribution, and in consideration for giving you the opportunity to make a Contribution, you grant the KPO a non-exclusive, royalty-free, worldwide, perpetual, revocable (see below) licence to use, disclose, reproduce, copy, adapt, publish, perform, exhibit, communicate, display, rent, transmit, modify or otherwise exploit the Contribution, anywhere in the world, via any medium (including in any online media formats, through any social media channels, pages or accounts) and for any purpose (including without limited for archival, marketing, philanthropic and promotional purposes, such as promotion of the KPO's work in the arts generally or in relation to any specific performance) (the Licence).
If the KPO wishes to commercialise your Contribution, the KPO may contact you to obtain a licence from you (or some other legal or beneficial right) in relation to the Contribution on terms different to the Licence terms.
KPO Intellectual Property
Nothing in this Policy, nor your use of KPO Social Media or your provision of a Contribution, assigns, licenses or otherwise confers on you any right, title or interest in or to the intellectual property of the KPO or its licensors, such as logos, names, designs, trademarks and copyright materials (the KPO Content). The KPO reserves all its rights and the rights of its licensors in the KPO Content. You must not exploit the KPO Content without the express written permission of the KPO.
You indemnify the KPO, its sub-licensees, its related bodies corporate and its successors, and any officer, agent and employee of any of them, against any claim (including third party claims), loss, damage, liability, cost and expense that may be incurred or sustained by any of them caused by or arising out of:
- your use or misuse of KPO Social Media;
- any failure by you to comply with this Policy; or
- your violation of any rights (including intellectual property rights) of a third party.
Variation of Policy
You agree that we may change this Policy from time to time. We will post a notice of the updated Policy at www.kpo.org.au, and they will take effect immediately or on a date which is nominated in the posting. Your ongoing use of KPO Social Media, whether by way of making Contributions or otherwise, after the changes take effect signifies your agreement to be bound by the updated Policy. You are responsible for checking the Policy regularly for changes.
This Policy was last updated in December 2015.