Terms Of Use

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Welcome to the official website of SXSW Sydney* (the “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THE SITE YOU EXPRESSLY ACKNOWELDGE THAT YOU HAVE READ AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY AND ANY SUBSEQUENT VARIATIONS. IF YOU CHOOSE NOT TO BE BOUND BY THE FOLLOWING TERMS OF USE THEN WE REQUEST THAT YOU LEAVE THIS SITE IMMEDIATELY.

Variation. We may vary these Terms of Use with or without notice at any time. Any variations become effective on posting. By continuing to use the Site after the Terms have been varied, you agree to be bound by the variation.

Use and Copyright. You may use the Site and the information contained within it (including without limitation, Site materials, software, products, and services) ("Materials”) for your own personal and non-commercial reference only. You may make any copies of any information reasonably incidental to your viewing of the Site and may retain a single permanent copy for your personal reference. The Materials may not otherwise be used, copied, reproduced, transmitted, modified, republished, distributed, assigned, loaned, sold or stored in a retrieval system, altered, or transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of SXSW Sydney or the relevant licensee or owner. We reserve the right to revoke the authorization to view and/or print the Materials available on this Site at any time, and any such use will be discontinued by you immediately upon notice from us. Any rights we grant to you constitute a licence and not a transfer of title.

Any Materials and accompanying documentation that is available through this Site is copyrighted and/or patented and/or registered work by SXSW Sydney and/or its licensor(s) and/or its supplier(s) or partner(s). Use of Materials, and accompanying documentation is governed by the terms of the agreement or licence that accompanies or is included with such Materials. Any unauthorised use of the Materials will violate intellectual property laws as well as these Terms of Use.

You agree that you will not hack into the Site nor employ any robot, spider or other device or process to use the Site for any unauthorised purposes. You agree that you will not take any action that imposes an unreasonably large burden on the Site.

Third Party Content. This Site may feature content or materials of Third-Party Products owned by third party creators or associated rightsholders of that content ("Third-Party Content”). Third-Party Content is protected by copyright or other proprietary laws and is for display or demonstration purpose only. 

Trademarks.  SXSW® and South By Southwest® are trademarks owned by SXSW, LLC and used by SXSW Sydney under licence. Other trademarks and logos appearing on the Site are either owned by SXSW Sydney or licensed to us by their owners. All trademarks or logos appearing on the Site are protected by intellectual property laws and any unauthorised use will violate such laws as well as these Terms of Use. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of SXSW Sydney, SXSW, LLC or the relevant licensee or owner.

Ownership. All material you submit to the Site (excluding any materials you submit through SXSW Sydney’s shopping cart to apply to participate in an event), including emails, becomes the sole and exclusive property of SXSW Sydney, and we may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. SXSW Sydney does not consider any material you make available to the public via the Site to be confidential or proprietary.

Privacy. The SXSW Sydney Privacy Policy is incorporated into these Terms of Use.

Submission of Information. Information submitted through this Site may be accessed and used by SXSW Sydney, its service provider(s) (without limitation, such as payment providers) and others in accordance with the SXSW Sydney Privacy Policy and the policies of those third parties. Please review the terms of use and privacy policy of any third-party to whom you provide information. 

User Conduct. In using this Site, including all Third-Party Content, you agree as follows:

• not to disrupt or interfere with any other user’s use or enjoyment of the Site or affiliated or linked sites
• not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files
• not to create a false identity
• not to use or attempt to use another’s account, password, services, or systems to access the Site
• not to attempt to download and/or transmit any content which you are not authorised to transmit and/or infringes on any third party’s rights, including, without limitation, the Third-Party Content
• not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Materials, Third-Party Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites
• not to post any content that libels, defames, invades privacy, or is indecent, obscene, pornographic, abusive, threatening, illegal, or solicits or engages in gambling.

Managing Content and Communication. We reserve the right to delete or remove your content from the Site or to restrict, suspend or terminate your access to all or part of the Site at any time, including without limitation, if you have violated these Terms of Use or any law or regulation and such removal or restriction is required to comply with the law or regulation or to protect the rights of SXSW Sydney or its licensors or third party partners. 

Violation If you violate these Terms of Use then, without limiting any other remedies available, we may without notice to you:

• cancel your registration, credentials, Badge order(s) or Badge without a refund;
• prohibit you from using the Site;
• restrict your ability to make future purchases; and
• if required by law, or by subpoena or an enforcement body, disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.

Limitation of Liability. To the extent permitted by law, our aggregate liability to you or any third party (and the aggregate liability of our related body corporates, affiliates, shareholders, directors, officers, agents, employees, licensors, licensees, suppliers or partners (“Associates”)), whether for breach of these Terms of Use or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms, the Site, or the content available through the Site, is limited to A$100. To the extent permitted by law, we and our Associates 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 its content and any statements or actions of any third party on or through the Site, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we or our Associates know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the above, but allows a limitation of a certain maximum extent, then our or our Associates’ liability (as applicable) is limited to that extent.

Warranties and Disclaimers. Except as expressly provided otherwise in a written agreement between you and SXSW Sydney, this Site, and all Materials, products, and services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, performance, or fitness for a particular purpose, or the warranty of non-infringement. 

This Site could include technical or other mistakes, inaccuracies, or typographical errors. SXSW Sydney may make changes to the Site, Materials, products, and/or services, including, without limitation, the prices and descriptions of any products and services listed herein, at any time without notice. The Site, Materials, products, and/or services may be out of date, and SXSW Sydney makes no commitment to update such Site, Materials, products, and/or services. You understand and acknowledge that (i) SXSW Sydney does not control, endorse, or accept responsibility for any content, products, or services offered and/or performed by third parties through the Site, including, without limitation, those provided by third party vendors or those accessible through links on the Site; (ii) SXSW Sydney makes no representations or warranties whatsoever about any such third parties, their Third-Party Content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) SXSW Sydney shall not be liable or responsible for any content, products, or services offered and/or performed by third parties.

The use, installation, and/or authorized downloading of any Materials (including without limitation products, and services) through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer or communications systems or services, loss of data, or other harm that results from such activities. SXSW Sydney assumes no liability for any computer virus or other similar software code that is installed, transmitted, or downloaded to your computer or communications systems or services from the Site or in connection with any Materials (including without limitation, products, and services) appearing on and/or offered through the Site. No advice or information, whether oral or written, obtained by you from SXSW Sydney or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

Use and Protection of Account Number and Password. You are responsible for maintaining the confidentiality of any of your Site related account numbers, account names, and/or passwords.

International Users. This Site can be accessed from countries around the world and may contain references to Materials, products and services that are not available in your country. These references do not imply that we intend to announce or provide such Materials, products and services in your country. The Site is controlled, operated, and administered by SXSW Sydney from its offices within Sydney, Australia. Access to the Site from territories where the Site or any of the Materials, products, and/or services are illegal is prohibited. If you access the Site from a location outside of Australia, you are responsible for compliance with all applicable laws.

Indemnity and Liability. You agree to defend, indemnify and hold SXSW Sydney and its Associates harmless from any claim or demand, including reasonable attorneys’ fees and damages of any kind, made by any third party due to or arising out of content you submit to SXSW Sydney and/or transmit through the Site (including, without limitation, any content or computer viruses), your use of the Site, the Materials, and/or any products and services, your connection to the Site, your violation of these Terms of Use, the actions of any of your employees or agents in conjunction with the Site, or your violation of any rights of another person or entity or any and all laws and regulations applicable to these Terms of Use, and/or your use of SXSW Sydney’s products and/or services.

Governing Law and Jurisdiction. This Site (excluding linked third-party sites) is controlled by SXSW Sydney from its offices within the State of New South Wales, Australia. By accessing this Site, you and SXSW Sydney agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New South Wales, without regard to the conflicts of laws principles thereof. You and SXSW Sydney also agree and hereby submit to the exclusive jurisdiction and venue of the state and federal courts located in Sydney, Australia.

General Provisions. These Terms of Use, our Privacy Policy, any Participation and Credentials Terms and Conditions which may apply from time to time, and the other guidelines, policies, licences, disclaimers posted on the Site, and any other negotiated agreements between you and SXSW Sydney constitute the entire agreement between SXSW Sydney and you. 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. Any failure by SXSW Sydney to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

*The Site is an online service owned and operated by SXSW Sydney Pty Ltd including its successors and assigns (“SXSW Sydney”).

Last modified: 1 December 2022