1.Definitions

In these terms and conditions (Terms) the following words have the meanings set out below:

Access Credentials means the username and password created to enable Users to access the Services.

App means the software application known as ‘Streamy’ downloaded to a Device or as accessed through the Website.

Annual Fee means the annual fee to be paid to Streamy by a Content Creator.

Content means any text, graphics, videos, photographs, trade marks, logos, sounds, music, artwork, and other material used, displayed or made available on or through the App.

Content Creator means Users that have paid the annual fee to Streamy and may utilise Streamy’s live streaming and information services to access the Services and to advertise and promote events taking place at a Venue.

Created Content means any Content created by a Content Creator, including video and audio content, and information relating to events (including, but not limited to, dates, times, acts, opening hours) occurring at a Content Creator’s Venue.

Device means the device/operating system you use to access the App.

Intellectual Property means any inventions, discoveries, novel designs and patents, whether registered or not, including developments, improvements of products, technology, or processes; copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist; trade and services marks (whether registered or unregistered) and domain names; and proprietary rights.

Intellectual Property Rights means such rights as may subsist in Intellectual Property.

Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or unascertained, actual or contingent.

Materials means the Intellectual Property used to create and run the App, including user interfaces, visual interfaces, the look and feel of the App, trade marks, logos, artwork, computer code and other material used, displayed, or made available on or through the App.

Moral Rights means:

(a) the right of attribution;

(b) the right not have authorship of a work falsely attributed; and

(c) the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment),

which rights are created by the Copyright Act 1968 (Cth) and, if the works are used in any jurisdiction other than Australia, any similar right capable of protection under the applicable laws of the jurisdiction.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

Privacy Policy means Streamy’s privacy policy found at Policy Privacy.

Services means the services, information and resources provided via the App, including the distribution and reception of video, audio and other Content.

Streamy or us means Live I App Pty Ltd (ACN 613 578 733) trading as Streamy.

Terms of Use mean these Terms together with the Privacy Policy.

Texture means the vibrancy, crowd size, crowd temperament, music themes, and all other acts, matters or things which would reasonably affect the decision of a User to attend or promote any Venue.

Third Party Websites means websites which are not owned or controlled by Streamy.

User, or you means any user of the App, whether an individual person or a Content Creator.

Venue means the entertainment venue associated with a Content Creator.

Website means info@Streamy.com.

USERS

2. Requirements

2.1 In order to use the App, you must:

(a) be over 18 years of age;

(b) be capable of forming a legally binding contract;

(c) agree to be bound by the Terms of Use; and

(d) create an account and/or Content Creator profile, including Access Credentials.

2.2 By accessing, viewing, browsing or using the App in any manner, you confirm that you have read and understood Streamy’s Terms of Use, that you have the capacity to be bound by Streamy’s Terms of Use, and you agree to be bound by them.

2.3  If you have not read, or do not accept or understand the Terms of Use, you are not authorised to access or use the App. You further agree that Streamy will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the App.

2.4 The Terms of Use may be amended from time to time. It is your responsibility to ensure that you are aware of the current Terms of Use. You agree, by your ongoing use of the App following incorporation of any amendments, that any amendments to the Terms of Use bind you.

3. Registration

3.1  In order to use the App, you must:

(a) agree to the Terms of Use;

(b) be using a Device;

(c) be able to access the Internet on the Device;

(d) enable Cookies;

(e) create an account, including Access Credentials;

(f) if you are a Content Creator you must also:

(i) be an authorized representative of the Content Creator; and

(ii) have paid the annual licensing fee.

3.2 If you do not satisfy the requirements of clause 3.1, you do not have permission to use the App and you must not install the App. If you have already installed the App, you must uninstall the App immediately.

4. Licence

Subject to clauses 2 and 3 above, Streamy grants you a worldwide, non-assignable, non-exclusive, non-transferrable, revocable licence to use the App for the sole purpose of enabling you to use the App in accordance with these Terms.

5. Use of the App

5.1 You agree that you will not use the App in any manner that is unlawful or contrary to, or prohibited by, these Terms.

5.2 Without limiting clause 5.1, Users agree not to, directly or indirectly:

(a) provide or upload false information, create false identities, or use or attempt to use another User’s Access Credentials;

(b) defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as rights of privacy) of others;

(c) hack into any part of the App through password mining, phishing, or any other means;

(d) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;

(e) circumvent the App’s structure, presentation or navigational function so as to obtain information Streamy has chosen not to make publically available through the App or the Website;

(f) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(g) disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack;

(h) transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by Streamy;

(i) harvest information about other Users in order to transmit or facilitate the transmission of such materials as set out in (g) and (h), above;

(j) take any action that imposes, or, in the sole discretion of Streamy, may impose an unreasonable or disproportionately large load on Streamy’s infrastructure;

(k)  forge any TCP/IP packet header, or any part of the header information in any email or posting, or in any way use the App to send altered, deceptive or false source-identifying information;

(l) attempt to modify, reverse engineer, or reverse assemble the App, or any part of the App;

(m) breach any applicable laws or regulations; or

(n) engage in any other conduct which Streamy considers, in its absolute discretion, breaches these Terms.

5.3 You acknowledge and agree that:

(a) Streamy is not liable for the accuracy or currency of the Created Content and makes no guarantee as to the accuracy or currency of the Created Content;

(b) you may be exposed to Created Content that is inaccurate, or which you may consider to be offensive, indecent, or objectionable and agree not to enforce, or facilitate the enforcement of, any legal or equitable rights or remedies you may have against Streamy with respect to such exposure; and

(c) the posting of Created Content on the App does not imply an endorsement or recommendation by Streamy of a Venue.

6. Intellectual Property

6.1 You acknowledge that Streamy is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Materials. You must not reproduce or replicate any part of the Materials or of the layout or design of the App.

6.2 Your use of the App does not provide you with any Intellectual Property Rights in the App, or the Materials. However, you grant Streamy a non-exclusive, assignable, perpetual, royalty free licence to use any Intellectual Property that you create in the course of using the App, or which is uploaded to the App, for any purpose whatsoever.

6.3 You may download and view Content, or print a copy of the material on the App, for personal, non-commercial use, provided that you do not modify the Content in any way, including by removing any copyright or trade mark notice.

6.4 All trade marks and logos displayed on the App are the property of their respective owners and are protected by any applicable trade mark and copyright laws.

7. Copyright Infringement

7.1 Streamy respects the Intellectual Property Rights of others and expects Users of the App and Website to do the same.

7.2 If you, or any third party, consider that any Content, including any Created Content, has been copied in such a manner so as to infringe your copyright, you may provide Streamy with a written notice including:

(a) a statement that the copyright holder considers that certain Content infringes their rights, including a physical or electronic signature of the copyright owner or their authorised representative;

(b) identifying the copyright material which the owner considers to have been infringed;

(c) identifying the allegedly infringing Content, or providing sufficient information to allow Streamy to identify the Content;

(d) your contact information, including address, telephone number and email address;

(e) a statement by you that you have a good faith belief that use of the Content in the manner complained of has not, or was not, authorised by the owner, the owner’s agent, or the law; and

(f) a statement that the information in the written notice is accurate and, under penalty of perjury, that you are, or are authorised to act on behalf of, the copyright owner.

7.3 Streamy reserves the right to remove any Content which is alleged to be infringing any copyright without prior notice to the User.

7.4 Streamy also reserves the right to terminate a User’s account if the User is determined by Streamy to be a repeat infringer.

8. Privacy and Personal Information

8.1 Any Personal Information provided to Streamy through the App or the Website is subject to Streamy’s Privacy Policy.

8.2 Any non-personal information you send to Streamy through the App (including by way of any form of social media, forums or chat rooms), such as questions, comments, or suggestions, is not encrypted, nor will it be treated as confidential. You agree that you have provided a non-exclusive, perpetual, royalty free licence to Streamy to use the non-personal information you upload to the App for any purpose whatsoever.

8.3 You agree that Streamy may disclose the Personal Information it collects about you (including, but not limited to, your name and contact details) to any authorities, without limitation. If you have infringed any rights of a third party, you agree that Streamy may provide your personal details to the relevant rights holder.

8.4 You agree that Streamy may disclose any information that it, in its absolute discretion, considers it is required to disclose in order to satisfy any applicable rule of law, legal process, private request, or government request.

9. Data and Location Services

9.1 By using the App, you consent to us collecting and using technical information about the Devices on which the Services are accessed.

9.2 Streamy may identify and use location data sent from your Device. You can turn off this function by turning off the location services settings for the App. However, you acknowledge that in doing so, certain aspects of the App may no longer function. If you do not turn off the location services, you consent to us collecting, transmitting, processing and using your location data.

9.3 You agree that any information collected in this manner is the sole property of Streamy, and Streamy may use this information in any way it sees fit, in accordance with its Privacy Policy.

10. Links

10.1 The App and Website may include links to Third Party Websites. Streamy makes no guarantee as to the Content, functionality, or accuracy of any Third Party Websites.

10.2 Third Party Websites may be subject to the terms and conditions outlined by that third party.

10.3 Any links to Third Party Websites do not:

(a) indicate a relationship between Streamy and the third party; or

(b) indicate any endorsement or sponsorship by Streamy of the Third Party Website, or the goods or services it provides, unless expressly indicated by Streamy.

10.4 The App and Website link to various social networking sites, including Facebook® and Twitter®. You acknowledge and agree that:

(a) any comments or Content that you post on such social networking sites through a link provided on the App are subject to the terms and conditions of that particular social networking site;

(b) you will not post any comments that are false, misleading, deceptive or defamatory to Streamy or its employees, agents or officers, or which may damage the reputation of Streamy;

(c) Streamy is not responsible or liable for any comments or Content that you or other Users post on social networking sites; and

(d) you will entirely indemnify Streamy for any liability, or threat of liability, arising from any Content which you have created on social media relating to Streamy or the App, including (but not limited to) any settlement sum, penalty or fine, and all legal costs and disbursements incurred by Streamy in addressing any claim or threat of claim.

CONTENT CREATORS

11. Content

11.1 Without limiting clause 5, Content Creators agree:

(a) to comply with all applicable laws and regulations in your jurisdiction which may affect your use of the App, irrespective of clause 19 of these Terms;

(b) to provide accurate information to Streamy;

(c) to provide current, accurate information with respect to Venues, dates, times, Texture, acts and/or performances;

(d) to comply with any notices issued to you by Streamy;

(e) not to use the App for the predominant purpose of promotion of third party brands and advertising; and

(f) not to use the App to broadcast Content which contains any pornographic material, sexual acts, illegal acts, or any acts (including defamatory or immoral acts) which may reasonably be regarded as adversely affecting the reputation or goodwill of any person, including, but not limited to, any person featured in any Content.

11.2 Streamy does not endorse any Created Content, opinion, recommendation or advice expressed by any User on or through the App, and you agree that Streamy is not liable for any such communication.

11.3  You agree that any and all Created Content will not:

(a) be false, misleading or deceptive;

(b) incite hatred, ridicule or contempt;

(c) include sexually explicit Content; or

(d) include images of a violent or predatory nature.

11.4 Streamy may, at any time and at its sole discretion, amend, remove, alter, or vary any of the Content, including Created Content, at any time and without prior notice or liability to you.

11.5 Further, if any Created Content is uploaded to the App in breach of clause 5.1, 5.2, 11.1 and 11.3, Streamy reserves the right to:

(a)  terminate your account without prior notice to you and without any refund of the annual licence fee; and

(b) provide the Created Content to any relevant law enforcement agency that Streamy considers, in its sole discretion, to be appropriate.

11.6 Content Creators:

(a) are the proprietors of all Intellectual Property Rights in relation to the Created Content submitted, posted, or displayed on the App;

(b) grant to Streamy a worldwide, non-exclusive, assignable, royalty-free licence (with the right to sub-licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Created Content in any and all media or distribution methods, whether known now or developed in the future. For the avoidance of doubt, you agree that the licence grants Streamy the right to:

(i) use the Created Content to provide, promote and improve the App and Website;

(ii) make the Created Content available to third parties for any reason; and

(iii) broadcast, distribute or publish the Created Content on any other media platforms, or in any way in which Streamy, in its sole discretion, deems fit, and

(c) agree not to enforce, or facilitate the enforcement of, any Moral Rights granted in respect of the Created Content;

(d) acknowledge and agree that you are responsible for the Created Content, and for any consequences that may come from publishing such Content through or by the App, or by any third party Streamy provides a licence to publish such Content.

GENERAL

12. No Liability

12.1 Streamy assumes no responsibility for any errors or omissions in the information available on the App or the Website.

12.2 Streamy does not warrant or guarantee:

(a) the accuracy of the Content, including the Created Content;

(b) that the Content, including any and all Created Content, will be free from viruses (including malware or spyware) or other destructive properties; or

(c) that the operation of the App will be uninterrupted or error free.

12.3 To the extent permitted by law, Streamy is not liable to you or any other third party for any Loss or Claim in connection with your use of the App.

13. Indemnity

You indemnify Streamy, its employees, contractors, agents and officers from and against any Loss or Claim arising out of or in connection with your breach of the Terms of Use, the violation or breach of any laws, or the infringement of the rights of any third party.

14. Mobile Access

You agree that your use of the App may be subject to separate charges imposed by your Device data provider (carrier), such as data usage charges and mobile phone charges, and you are responsible for payment of these charges.

15. Assignment

15.1 Streamy may, at any time, and without the need for further consent from you, assign or transfer all or any of Streamy’s rights or obligations under these Terms of Use to any person.

15.2 You may not assign or transfer any of your rights or obligations under these Terms of Use without obtaining Streamy’s prior written consent.

16. Severability

16.1 If any court or competent authority finds that any of the provisions (or part of any provision) of these Terms of Use is invalid, illegal, or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms of Use will not be affected.

16.2 If any invalid, unenforceable, or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

17. Termination

Streamy reserves the right to terminate your access to the App, or any of its features, or any of the Services:

(a) at any time and without prior notice to you, if you have breached these Terms of Use; or

(b) at Streamy’s discretion, given 24 hours written notice (including as an announcement on the Website).

18. Amendments

Streamy may amend these Terms of Use from time to time. If Streamy makes any amendments, the amended Terms of Use will be published on the Website. You agree that it is your responsibility to check for updates to the Terms of Use. You further agree that your continued use of the App is acceptance of any of Streamy’s amendments to the Terms of Use.

19. Applicable Law

19.1 These Terms of Use, and any dispute or claim arising out of, or in connection with them, will be governed by and construed in accordance with the laws of Western Australia.

19.2 You irrevocably agree that the courts of Western Australia will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use.

1. Definitions

In these terms and conditions (Terms) the following words have the meanings set out below:

Access Credentials means the username and password created to enable Users to access the Services.

App means the software application known as ‘Streamy’ downloaded to a Device or as accessed through the Website.

Annual Fee means the annual fee to be paid to Streamy by a Content Creator.

Content means any text, graphics, videos, photographs, trade marks, logos, sounds, music, artwork, and other material used, displayed or made available on or through the App.

Content Creator means Users that have paid the annual fee to Streamy and may utilise Streamy’s live streaming and information services to access the Services and to advertise and promote events taking place at a Venue.

Created Content means any Content created by a Content Creator, including video and audio content, and information relating to events (including, but not limited to, dates, times, acts, opening hours) occurring at a Content Creator’s Venue.

Device means the device/operating system you use to access the App.

Intellectual Property means any inventions, discoveries, novel designs and patents, whether registered or not, including developments, improvements of products, technology, or processes; copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist; trade and services marks (whether registered or unregistered) and domain names; and proprietary rights.

Intellectual Property Rights means such rights as may subsist in Intellectual Property.

Streamy

Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or unascertained, actual or contingent.

Materials means the Intellectual Property used to create and run the App, including user interfaces, visual interfaces, the look and feel of the App, trade marks, logos, artwork, computer code and other material used, displayed, or made available on or through the App.

Moral Rights means:

(a) the right of attribution;

(b) the right not have authorship of a work falsely attributed; and

(c) the rights of integrity of authorship (that is, not to have a work subjected to derogatory treatment),

which rights are created by the Copyright Act 1968 (Cth) and, if the works are used in any jurisdiction other than Australia, any similar right capable of protection under the applicable laws of the jurisdiction.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth), being information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in material form or not.

Privacy Policy means Streamy’s privacy policy found at Policy Privacy.

Services means the services, information and resources provided via the App, including the distribution and reception of video, audio and other Content.

Streamy or us means Live I App Pty Ltd (ACN 613 578 733) trading as Streamy.

Terms of Use mean these Terms together with the Privacy Policy.

Texture means the vibrancy, crowd size, crowd temperament, music themes, and all other acts, matters or things which would reasonably affect the decision of a User to attend or promote any Venue.

Third Party Websites means websites which are not owned or controlled by Streamy.

User, or you means any user of the App, whether an individual person or a Content Creator.

Venue means the entertainment venue associated with a Content Creator.

Website means info@Streamy.com.

USERS

2. Requirements

2.1 In order to use the App, you must:

(a)  be over 18 years of age;

(b) be capable of forming a legally binding contract;

(c) agree to be bound by the Terms of Use; and

(d)  create an account and/or Content Creator profile, including Access Credentials.

2.2 By accessing, viewing, browsing or using the App in any manner, you confirm that you have read and understood Streamy’s Terms of Use, that you have the capacity to be bound by Streamy’s Terms of Use, and you agree to be bound by them.

2.3 If you have not read, or do not accept or understand the Terms of Use, you are not authorised to access or use the App. You further agree that Streamy will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the App.

2.4 The Terms of Use may be amended from time to time. It is your responsibility to ensure that you are aware of the current Terms of Use. You agree, by your ongoing use of the App following incorporation of any amendments, that any amendments to the Terms of Use bind you.

3. Registration

3.1 In order to use the App, you must:

(a) agree to the Terms of Use;

(b) be using a Device;

(c) be able to access the Internet on the Device;

(d) enable Cookies;

(e) create an account, including Access Credentials;

(f) if you are a Content Creator you must also:

(i) be an authorised representative of the Content Creator; and

(ii) have paid the annual licensing fee.

3.2 If you do not satisfy the requirements of clause 3.1, you do not have permission to use the App and you must not install the App. If you have already installed the App, you must uninstall the App immediately.

4. Licence

Subject to clauses 2 and 3 above, Streamy grants you a worldwide, non-assignable, non-exclusive, non-transferrable, revocable licence to use the App for the sole purpose of enabling you to use the App in accordance with these Terms.

5. Use of the App

5.1 You agree that you will not use the App in any manner that is unlawful or contrary to, or prohibited by, these Terms.

5.2 Without limiting clause 5.1, Users agree not to, directly or indirectly:

(a) provide or upload false information, create false identities, or use or attempt to use another User’s Access Credentials;

(b) defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as rights of privacy) of others;

(c) hack into any part of the App through password mining, phishing, or any other means;

(d) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;

(e) circumvent the App’s structure, presentation or navigational function so as to obtain information Streamy has chosen not to make publically available through the App or the Website;

(f) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(g) disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack;

(h) transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by Streamy;

(i) harvest information about other Users in order to transmit or facilitate the transmission of such materials as set out in (g) and (h), above;

(j) take any action that imposes, or, in the sole discretion of Streamy, may impose an unreasonable or disproportionately large load on Streamy’s infrastructure;

(k) forge any TCP/IP packet header, or any part of the header information in any email or posting, or in any way use the App to send altered, deceptive or false source-identifying information;

(l) attempt to modify, reverse engineer, or reverse assemble the App, or any part of the App;

(m) breach any applicable laws or regulations; or

(n) engage in any other conduct which Streamy considers, in its absolute discretion, breaches these Terms.

5.3 You acknowledge and agree that:

(a) Streamy is not liable for the accuracy or currency of the Created Content and makes no guarantee as to the accuracy or currency of the Created Content;

(b) you may be exposed to Created Content that is inaccurate, or which you may consider to be offensive, indecent, or objectionable and agree not to enforce, or facilitate the enforcement of, any legal or equitable rights or remedies you may have against Streamy with respect to such exposure; and

(c) the posting of Created Content on the App does not imply an endorsement or recommendation by Streamy of a Venue.

6. Intellectual Property

6.1 You acknowledge that Streamy is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Materials. You must not reproduce or replicate any part of the Materials or of the layout or design of the App.

6.2 Your use of the App does not provide you with any Intellectual Property Rights in the App, or the Materials. However, you grant Streamy a non-exclusive, assignable, perpetual, royalty free licence to use any Intellectual Property that you create in the course of using the App, or which is uploaded to the App, for any purpose whatsoever.

6.3 You may download and view Content, or print a copy of the material on the App, for personal, non-commercial use, provided that you do not modify the Content in any way, including by removing any copyright or trade mark notice.

6.4 All trade marks and logos displayed on the App are the property of their respective owners and are protected by any applicable trade mark and copyright laws.

7. Copyright Infringement

7.1 Streamy respects the Intellectual Property Rights of others and expects Users of the App and Website to do the same.

7.2 If you, or any third party, consider that any Content, including any Created Content, has been copied in such a manner so as to infringe your copyright, you may provide Streamy with a written notice including:

(a) a statement that the copyright holder considers that certain Content infringes their rights, including a physical or electronic signature of the copyright owner or their authorised representative;

(b) identifying the copyright material which the owner considers to have been infringed;

(c) identifying the allegedly infringing Content, or providing sufficient information to allow Streamy to identify the Content;

(d)  your contact information, including address, telephone number and email address;

(e) a statement by you that you have a good faith belief that use of the Content in the manner complained of has not, or was not, authorised by the owner, the owner’s agent, or the law; and

(f) a statement that the information in the written notice is accurate and, under penalty of perjury, that you are, or are authorised to act on behalf of, the copyright owner.

7.3 Streamy reserves the right to remove any Content which is alleged to be infringing any copyright without prior notice to the User.

7.4 Streamy also reserves the right to terminate a User’s account if the User is determined by Streamy to be a repeat infringer.

8. Privacy and Personal Information

8.1 Any Personal Information provided to Streamy through the App or the Website is subject to Streamy’s Privacy Policy.

8.2 Any non-personal information you send to Streamy through the App (including by way of any form of social media, forums or chat rooms), such as questions, comments, or suggestions, is not encrypted, nor will it be treated as confidential. You agree that you have provided a non-exclusive, perpetual, royalty free licence to Streamy to use the non-personal information you upload to the App for any purpose whatsoever.

8.3 You agree that Streamy may disclose the Personal Information it collects about you (including, but not limited to, your name and contact details) to any authorities, without limitation. If you have infringed any rights of a third party, you agree that Streamy may provide your personal details to the relevant rights holder.

8.4 You agree that Streamy may disclose any information that it, in its absolute discretion, considers it is required to disclose in order to satisfy any applicable rule of law, legal process, private request, or government request.

9.  Data and Location Services

9.1 By using the App, you consent to us collecting and using technical information about the Devices on which the Services are accessed.

9.2 Streamy may identify and use location data sent from your Device. You can turn off this function by turning off the location services settings for the App. However, you acknowledge that in doing so, certain aspects of the App may no longer function. If you do not turn off the location services, you consent to us collecting, transmitting, processing and using your location data.

9.3 You agree that any information collected in this manner is the sole property of Streamy, and Streamy may use this information in any way it sees fit, in accordance with its Privacy Policy.

10. Links

10.1 The App and Website may include links to Third Party Websites. Streamy makes no guarantee as to the Content, functionality, or accuracy of any Third Party Websites.

10.2 Third Party Websites may be subject to the terms and conditions outlined by that third party.

10.3 Any links to Third Party Websites do not:

(a) indicate a relationship between Streamy and the third party;

(b) indicate any endorsement or sponsorship by Streamy of the Third Party Website, or the goods or services it provides,

unless expressly indicated by Streamy.

10.4 The App and Website link to various social networking sites, including Facebook® and Twitter®. You acknowledge and agree that:

(a) any comments or Content that you post on such social networking sites through a link provided on the App are subject to the terms and conditions of that particular social networking site;

(b) you will not post any comments that are false, misleading, deceptive or defamatory to Streamy or its employees, agents or officers, or which may damage the reputation of Streamy;

(c) Streamy is not responsible or liable for any comments or Content that you or other Users post on social networking sites; and

(d)  you will entirely indemnify Streamy for any liability, or threat of liability, arising from any Content which you have created on social media relating to Streamy or the App, including (but not limited to) any settlement sum, penalty or fine, and all legal costs and disbursements incurred by Streamy in addressing any claim or threat of claim.

CONTENT CREATORS

11.  Content

11.1 Without limiting clause 5, Content Creators agree:

(a)  to comply with all applicable laws and regulations in your jurisdiction which may affect your use of the App, irrespective of clause 19 of these Terms;

(b) to provide accurate information to Streamy;

(c)  to provide current, accurate information with respect to Venues, dates, times, Texture, acts and/or performances;

(d)  to comply with any notices issued to you by Streamy;

(e) not use the App for the predominant purpose of promotion of third party brands and advertising; and

(f) not to use the App to broadcast Content which contains any pornographic material, sexual acts, illegal acts, or any acts (including defamatory or immoral acts) which may reasonably be regarded as adversely affecting the reputation or goodwill of any person, including, but not limited to, any person featured in any Content.

11.2  Streamy does not endorse any Created Content, opinion, recommendation or advice expressed by any User on or through the App, and you agree that Streamy is not liable for any such communication.

11.3 You agree that any and all Created Content will not:

(a) be false, misleading or deceptive;

(b) incite hatred, ridicule or contempt;

(c)  include sexually explicit Content; or

(d) include images of a violent or predatory nature.

11.4  Streamy may, at any time and at its sole discretion, amend, remove, alter, or vary any of the Content, including Created Content, at any time and without prior notice or liability to you.

11.5 Further, if any Created Content is uploaded to the App in breach of clause 5.1, 5.2, 11.1 and 11.3, Streamy reserves the right to:

(a) terminate your account without prior notice to you and without any refund of the annual licence fee; and

(b) provide the Created Content to any relevant law enforcement agency that Streamy considers, in its sole discretion, to be appropriate.

11.6 Content Creators:

(a) are the proprietors of the all Intellectual Property Rights in relation to the Created Content submitted, posted, or displayed on the App;

(b) grant to Streamy a worldwide, non-exclusive, assignable, royalty-free licence (with the right to sub-licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Created Content in any and all media or distribution methods, whether known now or developed in the future. For the avoidance of doubt, you agree that the licence grants Streamy the right to:

(i) use the Created Content to provide, promote and improve the App and Website;

(ii) make the Created Content available to third parties for any reason; and

(iii)  broadcast, distribute or publish the Created Content on any other media platforms, or in any way in which Streamy, in its sole discretion, deems fit, and

(c) agree not to enforce, or facilitate the enforcement of, any Moral Rights granted in respect of the Created Content;

(d) acknowledge and agree that you are responsible for the Created Content, and for any consequences that may come from publishing such Content through or by the App, or by any third party Streamy provides a licence to publish such Content.

GENERAL

12. No Liability

12.1 Streamy assumes no responsibility for any errors or omissions in the information available on the App or the Website.

12.2 Streamy does not warrant or guarantee:

(a) the accuracy of the Content, including the Created Content;

(b) that the Content, including any and all Created Content, will be free from viruses (including malware or spyware) or other destructive properties; or

(c) that the operation of the App will be uninterrupted or error free.

12.3 To the extent permitted by law, Streamy is not liable to you or any other third party for any Loss or Claim in connection with your use of the App.

13. Indemnity

You indemnify Streamy, its employees, contractors, agents and officers from and against any Loss or Claim arising out of or in connection with your breach of the Terms of Use, the violation or breach of any laws, or the infringement of the rights of any third party.

14. Mobile Access

You agree that your use of the App may be subject to separate charges imposed by your Device data provider (carrier), such as data usage charges and mobile phone charges, and you are responsible for payment of these charges.

15. Assignment

15.1 Streamy may, at any time, and without the need for further consent from you, assign or transfer all or any of Streamy’s rights or obligations under these Terms of Use to any person.

15.2 You may not assign or transfer any of your rights or obligations under these Terms of Use without obtaining Streamy’s prior written consent.

16. Severability

16.1 If any court or competent authority finds that any of the provisions (or part of any provision) of these Terms of Use is invalid, illegal, or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms of Use will not be affected.

16.2 If any invalid, unenforceable, or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

17. Termination

Streamy reserves the right to terminate your access to the App, or any of its features, or any of the Services:

(a) at any time and without prior notice to you, if you have breached these Terms of Use; or

(b) at Streamy’s discretion, given 24 hours written notice (including as an announcement on the Website).

18. Amendments

Streamy may amend these Terms of Use from time to time. If Streamy makes any amendments, the amended Terms of Use will be published on the Website. You agree that it is your responsibility to check for updates to the Terms of Use. You further agree that your continued use of the App is acceptance of any of Streamy’s amendments to the Terms of Use.

19. Applicable Law

19.1 These Terms of Use, and any dispute or claim arising out of, or in connection with them, will be governed by and construed in accordance with the laws of Western Australia.

You irrevocably agree that the courts of Western Australia will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use.

1. Definitions

In these terms and conditions (Terms) the following words have the meanings set out below:

Access Credentials means the username and password created to enable Users to access the Services.

App means the software application known as ‘Streamy’ downloaded to a Device or as accessed through the Website.

Annual Fee means the annual fee to be paid to Streamy by a Content Creator.

Content means any text, graphics, videos, photographs, trade marks, logos, sounds, music, artwork, and other material used, displayed or made available on or through the App.

Content Creator means Users that have paid the annual fee to Streamy and may utilise Streamy’s live streaming and information services to access the Services and to advertise and promote events taking place at a Venue.

Created Content means any Content created by a Content Creator, including video and audio content, and information relating to events (including, but not limited to, dates, times, acts, opening hours) occurring at a Content Creator’s Venue.

Device means the device/operating system you use to access the App.

Intellectual Property means any inventions, discoveries, novel designs and patents, whether registered or not, including developments, improvements of products, technology, or processes; copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist; trade and services marks (whether registered or unregistered) and domain names; and proprietary rights.

Intellectual Property Rights means such rights as may subsist in Intellectual Property.

Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or unascertained, actual or contingent.

Materials means the Intellectual Property used to create and run the App, including user interfaces, visual interfaces, the look and feel of the App, trade marks, logos, artwork, computer code and other material used, displayed, or made available on or through the App.

Moral Rights means:

(a) the right of attribution;

(b) the right not have authorship of a work falsely attributed; and

(c) the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment),

which rights are created by the Copyright Act 1968 (Cth) and, if the works are used in any jurisdiction other than Australia, any similar right capable of protection under the applicable laws of the jurisdiction.

Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).

Privacy Policy means Streamy’s privacy policy found at Policy Privacy.

Services means the services, information and resources provided via the App, including the distribution and reception of video, audio and other Content.

Streamy or us means Live I App Pty Ltd (ACN 613 578 733) trading as Streamy.

Terms of Use mean these Terms together with the Privacy Policy.

Texture means the vibrancy, crowd size, crowd temperament, music themes, and all other acts, matters or things which would reasonably affect the decision of a User to attend or promote any Venue.

Third Party Websites means websites which are not owned or controlled by Streamy.

User, or you means any user of the App, whether an individual person or a Content Creator.

Venue means the entertainment venue associated with a Content Creator.

Website means info@Streamy.com.

USERS

2. Requirements

2.1 In order to use the App, you must:

(a) be over 18 years of age;

(b) be capable of forming a legally binding contract;

(c) agree to be bound by the Terms of Use; and

(d) create an account and/or Content Creator profile, including Access Credentials.

2.2 By accessing, viewing, browsing or using the App in any manner, you confirm that:

(a) you have read and understood Streamy’s Terms of Use;

(b) you have the capacity to be bound by Streamy’s Terms of Use; and

(c) you agree to be bound by them.

2.3 By using the Services you confirm and agree that you have:

(a) reviewed and agreed to our Privacy Policy, which is located at [INSERT HERE] and is incorporated here by reference; and

(b) agree to be bound by other policy and legal notices that may be posted on our App from time to time. The legally binding Terms of Use set out your rights, obligations and restrictions regarding your use of the Services.

2.4 If you have not read, or do not accept or understand the Terms of Use, you are not authorised to access or use the App. You further agree that Streamy will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the App.

2.5 The Terms of Use may be amended from time to time. It is your responsibility to ensure that you are aware of the current Terms of Use. You agree, by your ongoing use of the App following incorporation of any amendments, that any amendments to the Terms of Use bind you.

3. Requirements

3.1 In order to use the App, you must:

(a) agree to the Terms of Use;

(b) be using a Device;

(c) be able to access the Internet on the Device;

(d) enable Cookies;

(e) create an account, including Access Credentials;

(f) if you are a Content Creator you must also:

(i) be an authorised representative of the Content Creator; and

(ii) have paid the annual licensing fee.

3.2 If you do not satisfy the requirements of clause 3.1, you do not have permission to use the App and you must not install the App. If you have already installed the App, you must uninstall the App immediately.

4. Licence

4.1 Subject to clauses 2 and 3 above, Streamy grants you a worldwide, non-assignable, non-exclusive, non-transferrable, revocable licence to use the App for the sole purpose of enabling you to use the App in accordance with these Terms.

4.2 These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services. This license is granted, however, subject to the following restrictions:

(a) Because Streamy provides information relating to nightclubs and alcoholic beverages, including beer, wine and spirits, Streamy’s Services are not intended for users under 21 years of age.

(b) To access and subscribe to the Services, you are required to confirm that you are at least 21 years of age at the time you subscribe by checking the acknowledgment check box that says “I have read and accept the Terms of Use and confirm I am at least 21 years old.”

5. Use of the App

5.1 You agree that you will not use the App in any manner that is unlawful or contrary to, or prohibited by, these Terms.

5.2 Without limiting clause 5.1, Users agree not to, directly or indirectly:

(a) provide or upload false information, create false identities, or use or attempt to use another User’s Access Credentials;

(b) maintain more than one account at any given time, or create an account using a false identity or information, or on behalf of a third party;

(c) defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as rights of privacy) of others;

(d) hack into any part of the App through password mining, phishing, or any other means;

(e) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;

(f) circumvent the App’s structure, presentation or navigational function so as to obtain information Streamy has chosen not to make publically available through the App or the Website;

(g) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(h) disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack;

(i) transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by Streamy;

(j) harvest information about other Users in order to transmit or facilitate the transmission of such materials as set out in (h) and (i), above;

(k) take any action that imposes, or, in the sole discretion of Streamy, may impose an unreasonable or disproportionately large load on Streamy’s infrastructure;

(l) forge any TCP/IP packet header, or any part of the header information in any email or posting, or in any way use the App to send altered, deceptive or false source-identifying information;

(m) attempt to modify, reverse engineer, or reverse assemble the App, or any part of the App;

(n) breach any applicable laws or regulations or engage in any illegal conduct; or

(o) engage in any other conduct which Streamy considers, in its absolute discretion, breaches these Terms.

6. Intellectual Property

6.1 You acknowledge that Streamy is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Materials, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trade marks, and trade secrets, and other Intellectual Property Rights thereto. You may not reproduce or replicate any part of the Materials or the layout or design of the App. All title and Intellectual Property Rights in and to the Content of any Third Party Websites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

6.2 Your use of the App does not provide you with any Intellectual Property Rights in the App, or the Materials. However, you grant Streamy a non-exclusive, assignable, perpetual, royalty free licence to use any Intellectual Property that you create in the course of using the App, or which is uploaded to the App, for any purpose whatsoever.

6.3 You may download and view Content, or print a copy of the material on the App, for personal, non-commercial use, provided that you do not modify the Content in any way, including by removing any copyright or trade mark notice.

6.4 All trade marks and logos displayed on the App are the property of their respective owners and are protected by any applicable trade mark and copyright laws.

7. Copyright Infringement

7.1 Streamy respects the Intellectual Property Rights of others and expects Users of the App and Website to do the same.

7.2 If you, or any third party, consider that any Content, including any Created Content, has been copied in such a manner so as to infringe your copyright, you may provide Streamy with a written notice including:

(a) a statement that the copyright holder considers that certain Content infringes their rights, including a physical or electronic signature of the copyright owner or their authorised representative;

(b) identifying the copyright material which the owner considers to have been infringed;

(c) identifying the allegedly infringing Content, or providing sufficient information to allow Streamy to identify the Content;

(d) your contact information, including address, telephone number and email address;

(e) a statement by you that you have a good faith belief that use of the Content in the manner complained of has not, or was not, authorised by the owner, the owner’s agent, or the law; and

(f) a statement that the information in the written notice is accurate and, under penalty of perjury, that you are, or are authorised to act on behalf of, the copyright owner.

7.3 Streamy reserves the right to remove any Content which is alleged to be infringing any copyright without prior notice to the User.

7.4 Streamy also reserves the right to terminate a User’s account at its sole discretion if the User is determined by Streamy to be a repeat infringer.

8. Privacy and Personal Information

8.1 Any Personal Information provided to Streamy through the App or the Website is subject to Streamy’s Privacy Policy.

8.2 Any non-personal information you send to Streamy through the App (including by way of any form of social media, forums or chat rooms), such as questions, comments, or suggestions, is not encrypted, nor will it be treated as confidential. You agree that you have provided a non-exclusive, perpetual, royalty free licence to Streamy to use the non-personal information you upload to the App for any purpose whatsoever.

8.3 You agree that Streamy may disclose the Personal Information it collects about you (including, but not limited to, your name and contact details) to any authorities, without limitation. If you have infringed any rights of a third party, you agree that Streamy may provide your personal details to the relevant rights holder.

8.4 You agree that Streamy may disclose any information that it, in its absolute discretion, considers it is required to disclose in order to satisfy any applicable rule of law, legal process, private request, or government request.

9. Data and Location Services

9.1 By using the App, you consent to us collecting and using technical information about the Devices on which the Services are accessed.

9.2 Streamy may identify and use location data sent from your Device. You can turn off this function by turning off the location services settings for the App. However, you acknowledge that in doing so, certain aspects of the App may no longer function. If you do not turn off the location services, you consent to us collecting, transmitting, processing and using your location data.

9.3 You agree that any information collected in this manner is the sole property of Streamy, and Streamy may use this information in any way it sees fit, in accordance with its Privacy Policy.

10. Links

10.1 The App and Website may include links to Third Party Websites. Streamy makes no guarantee as to the Content, functionality, or accuracy of any Third Party Websites.

10.2 Third Party Websites may be subject to the terms and conditions outlined by that third party.

10.3 Any links to Third Party Websites do not:

(a) indicate a relationship between Streamy and the third party; or

(b) indicate any endorsement or sponsorship by Streamy of the Third Party Website, or the goods or services it provides,

unless expressly indicated by Streamy.

10.4 The App and Website link to various social networking sites, including Facebook® and Twitter®. You acknowledge and agree that:

(a) any comments or Content that you post on such social networking sites through a link provided on the App are subject to the terms and conditions of that particular social networking site;

(b) you will not post any comments that are false, misleading, deceptive or defamatory to Streamy or its employees, agents or officers, or which may damage the reputation of Streamy;

(c) Streamy is not responsible or liable for any comments or Content that you or other Users post on social networking sites; and

(d) you will entirely indemnify Streamy for any liability, or threat of liability, arising from any Content which you have created on social media relating to Streamy or the App, including (but not limited to) any settlement sum, penalty or fine, and all legal costs and disbursements incurred by Streamy in addressing any claim or threat of claim.

CREATED CONTENT AND CONTENT CREATORS

11. Created Content

11.1 By using Streamy’s Services you agree to provide true, accurate, current and complete information about yourself as prompted by the submission form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Streamy reserves the right to terminate your access and refuse any and all current or future use of the Services in its sole discretion.

11.2 You further acknowledge and agree:

(a) to comply with all applicable laws and regulations in your jurisdiction which may affect your use of the App, irrespective of clause 19, of these Terms;

(b) to provide accurate information to Streamy;

(c) to provide current accurate information with respect to Venues, dates, times, Texture, acts and/or performances;

(d) to comply with any notices issued to you by Streamy;

(e) not to use the App for the predominant purpose of promotion of third party brands and advertising; and

(f) not to use the App to broadcast Content which contains any pornographic material, sexual acts, illegal acts, or any acts (including defamatory or immoral acts) which may reasonably be regarded as adversely affecting the reputation or goodwill of any person, including, but not limited to, any person featured in any Content.

11.3 Streamy does not endorse any Created Content, opinion, recommendation or advice expressed by any User on or through the App, and you agree that Streamy is not liable for any such communication.

11.4 You agree that any and all Created Content will not:

(a) be false, misleading or deceptive;

(b) incite hatred, ridicule or contempt;

(c) include sexually explicit content; or

(d) include images of a violent or predatory nature.

11.5 Streamy may, at any time and at its sole discretion, amend, remove, alter, or vary any of the Content, including Created Content, at any time and without prior notice or liability to you.

11.6 Further, if any Created Content is uploaded to the App in breach of clause 5.1, 5.2, 11.1, 11.2 and 11.4, Streamy reserves the right to:

(a) terminate your account without prior notice to you and without any refund of the annual licence fee; and

(b) provide the Created Content to any relevant law enforcement agency that Streamy considers, in its sole discretion, to be appropriate.

11.7 Content Creators:

(a) are the proprietors of all Intellectual Property Rights in relation to the Created Content submitted, posted, or displayed on the App;

(b) grant to Streamy a worldwide, non-exclusive, assignable, royalty-free licence (with the right to sub-licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Created Content in any and all media or distribution methods, whether known now or developed in the future. For the avoidance of doubt, you agree that the licence grants Streamy the right to:

(i) use the Created Content to provide, promote and improve the App and Website;

(ii) make the Created Content available to third parties for any reason; and

(iii) broadcast, distribute or publish the Created Content on any other media platforms, or in any way in which Streamy, in its sole discretion, deems fit, and

(c) agree not to enforce, or facilitate the enforcement of, any Moral Rights granted in respect of the Created Content;

(d) acknowledge and agree that you are responsible for the Created Content, and for any consequences that may come from publishing such Content through or by the App, or by any third party Streamy provides a licence to publish such Content.

GENERAL

12. No Liability

12.1 THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, LIVEI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:

(a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE APP OR SERVICES; AND

(b) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE APP OR WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF:

(a) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT; OR

(b) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.

12.3 LIVEI DOES NOT WARRANT OR GUARANTEE:

(a) THAT ANY PORTION OF THE APP OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR

(b) THAT ACCESS TO THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

12.4 LIVEI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS APP OR SERVICES. YOU (AND LIVEI OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12.5 APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12.6 IN NO EVENT WILL LIVEI, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY:

(a) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE APP OR SERVICES, EVEN IF LIVEI OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR

(b) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIVEI’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12.7 To the extent permitted by law, Streamy is not liable to you or any other third party for any Loss or Claim in connection with your use of the App.

13. Indemnity

You agree to defend, indemnify and hold Streamy, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the App or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorised by you or any violation of these Terms of Use or the rights of a third party by you. Streamy reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Streamy in asserting any available defence.

14. Mobile Access

You agree that your use of the App may be subject to separate charges imposed by your Device data provider (carrier), such as data usage charges and mobile phone charges, and you are responsible for payment of these charges.

15. Assignment

15.1 Streamy may, at any time, and without the need for further consent from you, assign or transfer all or any of Streamy’s rights or obligations under these Terms of Use to any person.

15.2 You may not assign or transfer any of your rights or obligations under these Terms of Use without obtaining Streamy’s prior written consent.

16. Severability

16.1 If any court or competent authority finds that any of the provisions (or part of any provision) of these Terms of Use is invalid, illegal, or unenforceable, that provision or part provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms of Use will not be affected.

16.2 If any invalid, unenforceable, or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.

17. Termination

Streamy reserves the right to terminate your access to the App, or any of its features, or any of the Services:

(a) at any time and without prior notice to you, if you have breached these Terms of Use; or

(b) at Streamy’s discretion, given 24 hours written notice (including as an announcement on the Website).

18. Amendments

Streamy may amend these Terms of Use from time to time. If Streamy makes any amendments, the amended Terms of Use will be published on the Website. You agree that it is your responsibility to check for updates to the Terms of Use. You further agree that your continued use of the App is acceptance of any of Streamy’s amendments to the Terms of Use.

19. Applicable Law

19.1 These Terms of Use, and any dispute or claim arising out of, or in connection with them, will be governed by and construed in accordance with the laws of Western Australia.

19.2 You irrevocably agree that the courts of Western Australia will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use.

19.3 Any inquiries concerning these terms and conditions of use should be directed to info@Streamy.com.