SOCIAL MEDIA POLICY

North Shore Wind Symphony (NSWS) provides access to its social media channels, including via the Facebook, Twitter, Instagram and YouTube platforms (NSWS Social Media), on the terms and conditions of this North Shore Wind Symphony Social Media Policy and Terms of Use (the Policy). By accessing, viewing, participating in, contributing to or otherwise using NSWS Social Media, or continuing to do so, you acknowledge, accept and agree to be legally bound by these terms and conditions as well as any terms and conditions of the third party operators of the social media platforms that you access.

In this Policy:

  1. headings are for convenience only and do not affect interpretation;
  2. mentioning anything after “includes”, “including”, “for example”, “such as” or similar expressions does not limit what else might be included;
  3. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  4. a reference to a “person” includes an individual, corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
  5. a reference to this Policy is this Policy as amended in accordance with the section headed “Variation of Policy” below.

This Policy is governed by the laws of New South Wales, Australia. In relation to it and related non-contractual matters, each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

CONTRIBUTIONS

NSWS does not accept responsibility or liability for any comments, images, content, media or any other materials posted, uploaded, communicated, provided or otherwise generated by you or any other user of NSWS Social Media other than NSWS (Contributions). Contributions are not representative of the opinions of NSWS or any of its officers, agents or employees, nor does NSWS confirm their accuracy.

We encourage the expression of opinions and free, frank and open discussion, but we also require users to act lawfully, responsibly and courteously.

NSWS reserves the right to (where possible) delete or remove from NSWS Social Media:

  1. Contributions that contain violent, obscene, lewd, vulgar, inappropriate, profane, hateful, derogatory, illegal, unlawful or racist materials or links, or incite such comment or behaviour;
  2. Contributions that contain materials or links that promote bigotry, racism, hatred or harm against any person or group of persons, or which promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. Contributions that contain materials or links that threaten or defame any person or group of persons, or constitute the tort of injurious falsehood;
  4. Contributions that contain solicitations, advertisements (including for NSWS tickets), or endorsements of any financial or commercial business or other endeavour;
  5. multiple successive off-topic Contributions by a single user;
  6. repetitive Contributions copied and pasted or duplicated by single or multiple users;
  7. Contributions that contain materials or links that are offensive, inaccurate, false, misleading or deceptive or otherwise unlawful;
  8. Contributions that infringe third party intellectual property rights;
  9. Contributions that contain any other inappropriate materials as determined by the NSWS in its absolute discretion; and
  10. Contributions that contain links to any online location contains any of the above.

Users who do not comply with this Policy may also (where possible) be blocked or banned from NSWS Social Media, or any part of it, in NSWS’s absolute discretion.

YOUR INTELLECTUAL PROPERTY

Unless otherwise stated in relation to a particular NSWS promotion or campaign, NSWS does NOT claim ANY ownership rights in any Contributions. However, by making a Contribution, and in consideration for giving you the opportunity to make a Contribution, you grant NSWS a non-exclusive, royalty-free, worldwide, perpetual, revocable (see below) licence to use, disclose, reproduce, copy, adapt, publish, perform, exhibit, communicate, display, rent, transmit, modify or otherwise exploit the Contribution, anywhere in the world, via any medium (including in any online media formats, through any social media channels, pages or accounts) and for any purpose (including without limited for archival, marketing, philanthropic and promotional purposes, such as promotion of the NSWS’s work in the arts generally or in relation to any specific performance) (the Licence).

In exercising its Licence rights, NSWS will always act in accordance with the section headed “Privacy” below. NSWS may sub-license its Licence rights to any other person. You can revoke the Licence at any time by sending an email to manager@nsws.band with ‘Social Media Contribution’ in the subject heading and a copy of or specific reference to the Contribution attached, informing NSWS that you no longer want NSWS to use your Contribution.

If NSWS wishes to commercialise your Contribution, NSWS may contact you to obtain a licence from you (or some other legal or beneficial right) in relation to the Contribution on terms different to the Licence terms.

NSWS INTELLECTUAL PROPERTY

Nothing in this Policy, nor your use of NSWS Social Media or your provision of a Contribution, assigns, licenses or otherwise confers on you any right, title or interest in or to the intellectual property of NSWS or its licensors, such as logos, names, designs, trademarks and copyright materials (NSWS Content). NSWS reserves all its rights and the rights of its licensors in NSWS Content. You must not exploit NSWS Content without the express written permission of NSWS.

INDEMNITY

You indemnify NSWS, its sub-licensees, its related bodies corporate and its successors, and any officer, agent and employee of any of them, against any claim (including third party claims), loss, damage, liability, cost and expense that may be incurred or sustained by any of them caused by or arising out of:

  1. your use or misuse of NSWS Social Media;
  2. any failure by you to comply with this Policy; or
  3. your violation of any rights (including intellectual property rights) of a third party.

VARIATION OF POLICY

You agree that we may change this Policy from time to time. We will post a notice of the updated Policy at www.northshorewindsymphony.com/social-media-policy/, and they will take effect immediately or on a date which is nominated in the posting. Your ongoing use of NSWS Social Media, whether by way of making Contributions or otherwise, after the changes take effect signifies your agreement to be bound by the updated Policy. You are responsible for checking the Policy regularly for changes.

This Policy was last updated in August 2019.

PRIVACY

Any personal information acquired by NSWS from your use of any NSWS Social Media will only be used in accordance with the NSWS’s Privacy Policy.

We note that the NSWS Privacy Policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties on social media, different rules may apply to their use or disclosure of the personal information you disclose to them. We encourage you to exercise caution when disclosing your personal information, or the personal information of anybody else, publicly via social media.

CONTACT US

If you have any questions about this Policy, please send an email to manager@nsws.band.