Terms of use

Website Terms of Use

1. Terms of Use
   1. The web pages available at www.soundsunheard.com and all linked pages (“Website”), are owned and operated by Speak Percussion and are accessed by the user under the Terms of Use described below (“Terms”). Please read these terms carefully before using the services. By accessing or using the site and viewing any content users are agreeing to be bound by these terms. If you are under the age of 18, you must obtain your parent or legal guardian’s express consent to use this Website and to enter into these terms on your behalf.
   2. A notice will be displayed on the website to indicate any revisions to the Terms of Use.
2. Copyright and other rights
   1. The Website is subject to copyright and other intellectual property rights.
   2. The text, works, images, videos, sound recordings and all other data, in particular the photographs and logos (Website Content) featured on the Website are also protected by copyright held by us or third party licensees.
3. Accuracy of content
   1. We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
   2. You acknowledge that the Content on the Site is liable to change at any time.
4. Registration
   1. You are not required to register to visit or use the Website.
   2. Certain features on the Website may only be available if you do register, in which case you must submit all information required by the registration process. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request a password reset by emailing soundsunheard@speakpercussion.com.
   3. You may cancel your registration by notifying us at soundsunheard@speakpercussion.com and providing your user name.
   4. Signing up: to register to use the Website, you must complete and submit the Application Form. Applications will only be accepted from Australian residents currently enrolled in a secondary school. If you are under 18, you will need to confirm that you have the consent of a parent or guardian to your registration and use. You must only submit accurate information and inform us if any information is incorrect or inaccurate. Please see the Privacy Policy for information on our privacy practices.
   5. When registering, you will nominate a username for the website. Users may not select a username that is offensive, vulgar or obscene. We will provide you with an initial password (which you will be able to change at a later stage). You agree not to share your password with anyone else.
   6. Affirmation regarding age: without limiting anything else in these terms of use, by using the Website, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent and no other person under the age of 18 will or may have access to the Website as a result of you using the Website. If you are under 18 years of age we recommend that an adult should always supervise your use of the Website.
5. Your submissions
   1. You must not submit or provide any material on, to or through the Website (Your Submissions) that:
      1. infringes the intellectual property or other rights of another person;
      2. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      3. relates to unlawful conduct;
      4. creates a privacy or security risk to any person, including by soliciting personal information from any person;
      5. is false, misleading or deceptive;
      6. would reflect negatively on us, our goodwill, name and reputation;
      7. tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
      8. would breach any applicable laws;
      9. would otherwise result in any liability for you, us or any third party.
   2. You may not:
      1. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any other purpose without our prior written consent; or
      2. otherwise infringe the intellectual property rights of any person in using the Website or any Content.
   3. Nothing you do on or in relation to the Site will transfer any copyright or intellectual property rights in the Content to you or licence you to exercise any intellectual property rights over the Content.
6. Privacy policy
   1. In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our Privacy Policy. View our Privacy Policy.
   2. You may update any personal information you have given us at any time by emailing soundsunheard@speakpercussion.com
   3. Site data, such as the number of times the Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.
7. Limitation of Liability
   1. To the extent permitted by any Applicable Law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
   2. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (1) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
8. General Provisions
   1. If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
   2. This agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.