MyVenue
PATRON TERMS OF USE
Last Updated: 16 December 2021
The following terms and conditions (“Terms”) form a legally binding agreement between You and Us in relation to Your access to, and use of, MyVenue.
In accessing or using MyVenue, You acknowledge and warrant to Us that You have read, understood and agree to be bound by these Terms. If You do not accept these Terms, You must refrain from accessing or using MyVenue. By clicking “I Agree” or similar, or by otherwise using MyVenue (which includes this version and any other update, feature or future version of MyVenue that We may provide) You agree to the following Terms, so You should read these Terms carefully.
In these Terms, “MyVenue” means, collectively and individually, the App and the Services. Other definitions for certain capitalised terms are set out at the end of these Terms.
ARBITRATION NOTICE FOR US PATRONS: PLEASE TAKE NOTE THAT UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN CLAUSE 19 BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN CLAUSE 19 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MyVenue WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Eligibility
MyVenue is intended for use solely by persons who are 18 years of age or older. By using MyVenue, You represent and warrant that You are at least 18 years old and that, in any case, You have the permission of a parent or guardian if You are less than 18 years old. Parents and guardians of Users under the age of 18 must read and agree to be bound by these Terms and agree to be responsible for such use of MyVenue.
2. Access
Your use of MyVenue or some of the Services may require You to register with Us or open an account. To do so, You must complete the registration process in the manner described on the App. As part of the registration process, We may ask you to provide information about Yourself, including Your name, email, image, post code, birth year and gender.
By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.
Registration is non-transferable. You are responsible for managing Your account and for all of the activities that occur under Your account. You should choose Your password and user name carefully and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security. We are not liable for any loss if someone else uses Your password or account.
Access to MyVenue is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of MyVenue without notice. We will not be liable if, for any reason, MyVenue is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to MyVenue. You are also responsible for ensuring that all persons who access MyVenue through Your device are aware of these Terms, and that they comply with them.
Subject to these Terms, We grant You a limited, personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use (i.e. to download and display locally) the Content contained in MyVenue solely to enable You to enjoy the benefits of MyVenue as intended by Us under these Terms. Any use, reproduction, modification, distribution, sale, sub-licence or storage of MyVenue (and any Content contained in MyVenue) for any purpose other than using MyVenue in accordance with these Terms is expressly prohibited without prior written permission from Us. Except to the extent expressly permitted by these Terms, you must not transfer or provide access to MyVenue to any third party or otherwise use MyVenue for the benefit of any third party.
3. Payment and Third Party Payments
The use of MyVenue may require You to open and maintain an account with a third party payment service provider, such as PayPal, Stripe, or Payflow or other software programs (Third Party Payment Account). You agree to familiarise Yourself with the applicable terms of use governing the Third Party Payment Account.
Third party facilities or services may be necessary or appropriate to be utilised in conjunction with Your access to or use of MyVenue. When You access these third party facilities or services, You do so at Your own risk. You agree that Your use of such facilities or services is governed by the relevant third party’s terms of use and/or licence/services agreement, and We are not a party.
You will be obliged to pay for any Product ordered through MyVenue at the time the order is placed, through the Third Party Payment Account.
You are responsible for all internet service provider fees, telecommunication and other charges required for Your connection to, or use of, MyVenue.
4. Advertisements
We may allow certain Sellers to post information (including advertisements or promotions) on MyVenue. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by any User. Users are solely responsible for relying on any such information. You must not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us.
5. External sites and third party service providers
In using MyVenue, You may come across links or references to external links, service providers, merchants or suppliers. We do not endorse, warrant, guarantee or make any promises about such external links or about any information, products or services they may supply to You. Any transaction You have with these service providers are between You and them, and We do not get involved.
By accessing external links to third party service providers and other sites through MyVenue, We do not promise that they are appropriate, that they work or that they are virus free. You agree to take reasonable precautions in accessing and using such external links.
We accept no responsibility for any loss or damage that may arise from You accessing external links through MyVenue or from Your use of, or engagement or transaction with, any third party service providers.
6. Dealings with Sellers
You acknowledge and agree that, to the maximum extent permitted by law:
• You are solely responsible for any interaction, relationship, agreement or arrangements between You and any Seller in relation to the sale and purchase of any Products;
• You must comply with any applicable terms of sale and selling policies of the Seller in relation to the Product and that a Seller may decline to sell you a Product if you do not comply, even if Your transaction has been processed through MyVenue;
• We give no undertaking as to, and We are not liable for, the availability, quality, fitness for purpose or merchantability of any Product or service advertised or sold on or through MyVenue or which is otherwise available at any Event;
• We do not endorse or guarantee the accuracy of any Content posted or displayed on MyVenue and We are not liable for the availability, quality or fitness for purpose of any Content displayed on MyVenue;
• any transaction or dealings You may enter with any Seller or which otherwise arises through Your use of MyVenue is entirely at your own risk, and You agree to take reasonable precautions in all interactions with Sellers; and
• except where We determine otherwise, in no event will We be obliged to provide any refunds with respect to the purchase of any Products, and You agree that all claims with respect to such refunds must be made directly against the applicable Seller.
We are not obliged to verify the Content or any Products provided or offered by any Seller or to otherwise conduct background checks on any Seller, Product or Event. Any information displayed on MyVenue is intended to be general information only and should not be considered advice or a recommendation to acquire any Product or to attend any Event that may be displayed on MyVenue or to otherwise engage in any relationship or transaction with any Seller. We will not be liable for any damages or loss that may arise from the conduct of any Seller in connection with the use of MyVenue, or from any decision made or action taken in reliance on any Content contained on or omitted from MyVenue.
You agree to act in good faith with respect to any transaction or dealing You may have with any Seller on or through MyVenue. You acknowledge that any transaction or dealing You enter into with a Seller (including with respect to the purchase of any Product) is between You and that Seller and may be subject to You entering into a separate, binding agreement with that Seller. We are not a party to any such agreement or arrangement entered into by or between You and any Seller.
We are not responsible for resolving or dealing with any disputes, disagreements or matters in relation to any dealings between You and any Seller, and we are not obliged to be involved in such disputes, disagreements or matters in any way. If You have a dispute with one or more Sellers, You release us (and our directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
7. Information You provide
When You use MyVenue, You may send personal information to Us. We will use, store and handle this personal information in accordance with the requirements of the applicable privacy legislation and regulations that apply to Us and Our privacy policy (which may be accessed at https://myvenue.com/privacy-policy). Our privacy policy applies to You and Your use of MyVenue at all times.
You acknowledge that if We disclose information, Content or data (which may include personal information) that You provide to Us in using MyVenue (“Your Information”) to any third parties in accordance with these Terms, such third parties may have their own terms and conditions and/or policies with respect to the handling of such information, and You agree that We are not responsible or liable for any act or omission of any third party with respect to the handling of Your Information.
Without limiting the previous paragraph, if You use third party programs in conjunction with MyVenue, You acknowledge that We may allow the providers of those third party programs to access such of Your Information as required for the interoperation of such third party programs with MyVenue. We are not responsible for any disclosure, modification or deletion of Your Information resulting from any such access by third party program providers.
You agree that You are solely responsible for any Content that You provide or post to MyVenue. You warrant and undertake to Us that any and all Content provided by You or with Your authority:
• is accurate, complete and up-to-date;
• is not misleading or deceptive;
• does not contravene any Applicable Laws or infringe any copyrights, trade marks or any other intellectual property rights or other rights of third parties, including the rights of publicity or privacy; and
• otherwise complies with these Terms.
You agree that We may use and display Content provided by You without attribution of authorship and bearing Our name, even if that would, apart from these Terms, infringe Your moral rights. You agree, to the extent permitted by law, not to enforce any claim for a breach of Your moral right of integrity of authorship that You may otherwise have as a result of any act or omission by Us in respect of the Content provided by You.
If You would like to know more about how We use, store or handle Your personal information, please contact Us at [email protected].
8. Changes to MyVenue and its availability
We may change or improve MyVenue at any time. For example, We may develop and distribute updates, enhancements or new features. We may also restrict access to all or any part of MyVenue, stop making MyVenue available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.
We will always try to give You notice of any changes to MyVenue or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such actions.
9. Intellectual Property
We, and Our licensors (as applicable), own all Intellectual Property in and to MyVenue (including any updates, enhancements and new features) (“Our Intellectual Property”). Our Intellectual Property includes, but is not limited to, the design, layout, look, appearance, graphics, trade marks, branding and logos on the App, Intellectual Property Rights in and to Aggregated Data, Content and any other material published on MyVenue (other than Your Information). You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property other than in accordance with this clause 9.
We do not claim ownership of Your Information other than ownership of Aggregated Data, in accordance with clause 10 of these Terms. You (or Your licensors, as applicable) will continue to own any and all Intellectual Property in Your Information. However, You agree to grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display and/or distribute Your Information, subject to and in accordance with Our privacy policy and these Terms. This right continues even if You no longer use MyVenue.
MyVenue, and the Content published on it, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.
If You copy or download any part of MyVenue in breach of these Terms, Your right to use MyVenue will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
10. Aggregated Data
You acknowledge that We may de-identify Your data or aggregate it in such a way that it cannot be used to identify You. We may disclose Aggregated Data for any purpose We see fit, including to advertisers and other third-parties for their commercial, marketing, research and promotional purposes. We will not re-identify, or permit the re-identification of, any Aggregated Data.
To the extent You own any Aggregated Data, You agree to assign to Us all right, title and interest You may have now or in the future in and to the Aggregated Data.
11. Prohibited uses
You must ensure that Your access to, and use of, MyVenue is not illegal or prohibited by any Applicable Law. You are responsible for anything You do, send or post on MyVenue. You must not send or post anything that is offensive, infringes any person’s rights, is against any Applicable Law, or which We think is inappropriate.
By using MyVenue, You represent and warrant that You will not:
• rent, lease, resell, distribute, or use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorised manner;
• infringe the rights of any other person, including without limitation any intellectual property rights;
• defame another person;
• provide false, misleading or inaccurate information to Us or any other User;
• impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
• post Content that is not accurate, complete or correct or may otherwise mislead or deceive other persons;
• disclose another person's confidential information or otherwise contravene Your privacy obligations or any other person's privacy obligations;
• reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to MyVenue, except to the extent expressly permitted by applicable law (and then only upon advance notice to Us);
• use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from MyVenue for any purpose, including without limitation use on third-party Apps;
• attempt to probe, scan, or test the vulnerability of MyVenue or any associated system or network, or breach security or authentication measures without proper authorisation;
• post any Content that is illegal or may constitute or encourage any contravention of any Applicable Law by any person;
• threaten, offend or abuse another User;
• remove or obscure any proprietary or other notices contained in MyVenue;
• do anything which is otherwise, in Our view, inappropriate or harmful to MyVenue or other Users; or
• encourage or assist any third party to do any of the above.
We may remove from, or refuse to display on, MyVenue anything that We think is inappropriate or in breach of these Terms in Our absolute discretion.
12. Security and integrity
While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guarantee that there will be no loss of data and to the extent permitted by applicable privacy laws, We expressly exclude liability for any loss of data no matter how caused.
You must not violate the security of MyVenue in any way. We may suspend or cancel Your account or Your access to MyVenue if We suspect any security violation. We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:
• attempting to gain unauthorised access to any part of MyVenue, servers or system infrastructure You were not intended to have access to;
• interfering with or otherwise circumventing mechanisms in MyVenue intended to limit your use;
• use MyVenue in a way that was not intended by Us;
• attempting to reverse engineer MyVenue or any system or offering provided through it;
• interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to MyVenue;
• sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
using any feature of MyVenue or any other means to send unsolicited commercial correspondence to other Users.
13. DISCLAIMERS
WE HAVE SPENT A SIGNIFICANT AMOUNT OF TIME DEVELOPING AND REFINING MYVENUE AND ARE CONFIDENT YOU WILL ENJOY USING IT AND FIND IT USEFUL. HOWEVER, WE CANNOT PROMISE OR GUARANTEE ANY SPECIFIC OUTCOMES FROM THE USE OF MYVENUE. TO THE EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES ABOUT THE USER EXPERIENCE, QUALITY, OR OUTCOMES OF ANY INTERACTIONS THAT ARE INITIATED VIA MYVENUE. YOU ACKNOWLEDGE THAT MYVENUE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BY ACCESSING AND USING MYVENUE, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH ACCESS AND USE. YOU AGREE NOT TO HOLD US RESPONSIBLE FOR THINGS OTHER USERS POST OR DO.
AS THERE ARE MANY FACTORS BEYOND OUR CONTROL THAT MAY AFFECT THE PERFORMANCE OR COMPATIBILITY OF MYVENUE WITH CERTAIN SOFTWARE OR HARDWARE, WE CANNOT PROMISE THAT YOUR USE OF MYVENUE WILL BE UNINTERRUPTED OR ERROR OR DEFECT FREE OR THAT ERRORS OR DEFECTS IN MYVENUE WILL BE CORRECTED.
WHILE WE USE REASONABLE MEASURES TO ENSURE THE ACCURACY AND CURRENCY OF CONTENT ON MYVENUE, WE ARE NOT RESPONSIBLE FOR THE CONTENT SUPPLIED TO OR BY USERS OR THIRD PARTIES. WE MAKE NO GUARANTEE THAT THE CONTENT ON MYVENUE IS ACCURATE OR CURRENT. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH MYVENUE MEET YOUR SPECIFIC REQUIREMENTS. UNLESS THE CONTEXT REQUIRES OTHERWISE, INFORMATION IS FOR GUIDANCE ONLY AND IS NOT INTENDED TO FORM ANY PART OF A CONTRACT.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR DIRECTORS, EMPLOYEES AND AGENTS) DO NOT ACCEPT ANY LIABILITY FOR, AND YOU AGREE TO RELEASE US (AND OUR DIRECTORS, EMPLOYEES AND AGENTS) FROM ANY AND ALL CLAIMS IN RELATION TO ANY LOSS, HOWSOEVER CAUSED, SUFFERED OR INCURRED BY YOU ARISING FROM:
• YOUR USE OF MYVENUE;
• ANY INTERACTION YOU MAY HAVE WITH ANY OTHER USER;
• YOUR ATTENDANCE AT ANY EVENT;
• THE ACTS OR OMISSION OF ANY USER AND ANY OTHER THIRD PARTIES IN CONNECTION WITH ANY EVENT OR THE SERVICES; AND/OR
• YOUR PURCHASE AND CONSUMPTION OF ANY PRODUCT,
(INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSSES OR DAMAGES) AND ANY LIABILITY WE OWE IS LIMITED, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, TO THE VALUE OF ANY TRANSACTIONS YOU HAVE MADE THROUGH MYVENUE, OR (IF WE CHOOSE) US PROVIDING THE RELEVANT SERVICE AGAIN OR PAYING THE COST OF PROVIDING THE SERVICE AGAIN. TO THE EXTENT ALLOWED AT LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAM OR DATA), WITHOUT REGARD TO THE FORM OF ACTION, WHETHER UNDER LEGISLATION, IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH MYVENUE, OR ANY CONTENT, SERVICE, SITE OR LINK DISPLAYED ON OR ACCESSED THROUGH MYVENUE.
15. Indemnity
You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from:
• any activity which You engage in with or through MyVenue;
• any breach of these Terms by You;
• any breach of any rights of a third party by You;
• any breach of any Applicable Law by You; or
• any transaction, dispute or other dealing between You and another person that arises from or through MyVenue,
in each case, except to the extent caused or contributed to by the gross negligence, wilful default, fraud or unlawful act or omission of Us or any of Our directors, employees, contractors or agents.
16. Termination
We may suspend Your access to MyVenue (or any part of MyVenue), close Your account, or terminate Our agreement with You and Your access to MyVenue, if We reasonably consider that You are in breach of any provision of these Terms. We may, at Our discretion, terminate Our agreement with You and Your access to all or part of MyVenue without the need to provide reasons.
All provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms for any reason (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
17. Changes to these Terms
We may update these Terms at any time, with such updates taking effect immediately. No other amendment to the agreement constituting these Terms will be effective unless made in writing, signed by You and by Us.
We will use reasonable endeavours to give You notice of any update to these Terms (which notice may be through MyVenue) before the change comes into effect, although this may not always be possible.
If You continue using MyVenue after an update takes effect, You are deemed to have agreed to the update and will be bound by these Terms as amended.
18. Relationship
Nothing in these Terms or Your use of MyVenue creates any agency, partnership, joint venture, employment or franchise relationship between You and Us.
19. US Patrons
This clause 19 applies to US Patrons. This clause 19 takes precedence over any other provision of these Terms, to the extent of any inconsistency.
Disputes and arbitration
You and MyVenue agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of MyVenue (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
• to bring an individual action in small claims court; and
• to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights ( “IP Protection Action”).
Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide MyVenue with written notice of Your desire to do so by email at [email protected] or regular mail at MyVenue c/o Stone & Chalk Lot Fourteen North Terrace Adelaide South Australia 5000 within thirty (30) days following the date You first agree to these Terms (“Arbitration Opt-out Notice”).
If You don’t provide MyVenue with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth above.
The exclusive jurisdiction and venue of IP Protection Action, or for a Dispute if You provide MyVenue with an Arbitration Opt-out Notice within 30 days, will be the state and federal courts located in the State of Colorado and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Unless You timely provide MyVenue with an Arbitration Opt-out Notice, You acknowledge and agree that You and MyVenue are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and MyVenue otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this clause 19 will be deemed void. Except as provided in the preceding sentence, this clause 19 will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this clause. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this clause.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a Demand for Arbitration form available at https://www.adr.org/aaa/faces/rules/formsearch/conform.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless You and MyVenue otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and MyVenue submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If You prevail in arbitration You will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MyVenue will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, MyVenue will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions above with regard to changes to these Terms, if MyVenue changes this clause 19 after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of MyVenue's email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and MyVenue in accordance with the provisions of this clause 19 as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. MyVenue reserves the right to remove any material from the App which allegedly infringes a third party’s copyright. It is MyVenue’s policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers. As per the DMCA, You can send a DMCA take down notice to the MyVenue Copyright Agent (designated as such pursuant to the DMCA) named below which must provide at minimum the following information:
• a physical or electronic signature and Your full legal name;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit MyVenue to locate the material, including at a minimum, if applicable, the URL of the link shown on the App where such material may be found;
• Your address, telephone number, and, if available, an electronic mail address at which You may be contacted;
• include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
COPYRIGHT AGENT FOR COPYRIGHT NOTICES ONLY SHOULD BE DIRECTED BY EMAIL TO:
MyVenue Copyright Agent
Email: [email protected]
Non-copyright matters will not be addressed by the Copyright Agent.
20. Jurisdiction
Unless You are a US Patron, these Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of South Australia. You submit to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.
21. Severance
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void, unfair or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
22. Definitions
In these Terms, unless the contrary intention appears:
“Aggregated Data” means any:
a) results, data, trends and other information generated from Your use of MyVenue or the Services; and/or
b) information or data with respect to any Transaction,
which in each case have been de-identified by Us by removing any and all personal identifiers and removing or altering other information that may allow personal identification.
“App” means the software application developed by Us entitled “MyVenue”, including all modifications, enhancements or updates thereto;
“Applicable Law” means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, MyVenue and the posting of any Content on MyVenue and includes, without limitation, those relating to food safety, liquor licensing, advertising, equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy and confidentiality, and the Australian Consumer Law.
“Content” means any information, data, text, graphics, photographs, videos, trademarks, logos, sounds, music, audio clips, artwork, computer code, software, scripts, written posts and comments, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through MyVenue.
“Event” means an event that is listed or displayed on MyVenue.
“Event Host” means a User (other than Us) that hosts an Event.
“Intellectual Property” means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, processes, systems, methods, know-how, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.
“Product” means any goods or services listed by a Seller on MyVenue or which are otherwise available for purchase at an Event.
“Seller” means each seller or promoter of a Product.
“Services” means the services, information, products and/or resources provided by Us with respect to MyVenue, or any other communication we may have with Users in accordance with these Terms.
“Terms” means these terms and conditions.
“Transaction” means any transaction conducted between Users on or through MyVenue, including with respect to the sale and purchase of any Product.
“US Patron” means any person accepting these Terms as a “Patron”, or using MyVenue, from a location in the United States of America.
“We”, “Us”, “Our” means, where You are a US Patron, MyVenue inc. and, where You are not a US Patron, MyVenue Pty Limited ACN 621 513 193.
“You”, “Yourself”, “Your” means any person, company or organisation who has accepted these terms as a “Patron”.
Feedback and reporting misconduct
We encourage all Users to report any misconduct experienced while using MyVenue by contacting Us at [email protected].
Further information
If You have any questions about these Terms or would like any further information, please contact Us at [email protected].
