TERMS & CONDITIONS
By using this website (“Website”) and in consideration of Zoomba Australia Pty Ltd ACN 614 462 494 and its Related Entities (“Zoomba”), as defined in the Corporations Act 2001 (Cth), providing you with access to the
Website, you agree to the following Terms & Conditions (“Terms & Conditions”). The Terms & Conditions may be changed by Zoomba without any notice. Zoomba recommends that you carefully read the Terms & Conditions as they may affect your rights.
1. Access to the Website
1.1 You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Website without the prior written consent of Zoomba.
1.2 You agree not to collect or harvest any personal information provided by the Website for any commercial solicitation purposes.
1.3 You agree not to solicit for any reason whatsoever, any users of the Website with respect to the User Submissions on the Website.
2. Copyright and Trade Marks
2.1 Unless explicitly identified otherwise, all intellectual property on the Website is owned by or licensed to Zoomba (“Intellectual Property”). Where clearly identified, some material on this website may be the intellectual property of individuals or external parties.
2.2 The Intellectual Property includes, but is not limited to, all audio, video, photos, designs, layout, texts, images, techniques, logos and trade marks as displayed on the Website.
2.3 Except for the purposes of viewing the Website, the Intellectual Property may not be reproduced, transmitted, adapted, distributed, sold, licenced, modified, published or stored by you, unless with the copyright holder’s prior written consent.
3. Third Party Websites
3.1 The Website may link or refer to websites which are not maintained or owned by Zoomba (“Third Party Websites”), including payment facilities provided by IntegraPay or any other service provider. Zoomba makes no representation or warranties as to the Third Party Websites and accepts no liability whatsoever in respect to (the content of) the Third Party Websites. Accessing Third Party Websites is at your own risk.
4. User Submissions
4.1 Zoomba may permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing and/or publishing of the
User Submissions on the Website’s interactive or on Zoomba’s social media.
4.2 Once any User Submissions are submitted to the Website or through any other social media managed by
Zoomba (such as Facebook, Twitter or Instagram), the User Submissions become the property of Zoomba
unless otherwise determined by Zoomba at its sole discretion.
4.3 In respect to the User Submissions, you agree and acknowledge that:
(a) you own the User Submissions or have the necessary licenses, rights, consents and permissions to use and authorise Zoomba to use the User Submissions;
(b) you have written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Zoomba; and
(c) you indemnify Zoomba from and against all actions, claims, demands, losses, damages, proceedings, compensation, costs, charges and expenses for which any Zoomba may be or becomes liable in respect to the User Submissions.
4.4 Zoomba does not guarantee any confidentiality with respect to the User Submissions.
4.5 Zoomba may publish your name on the User Submissions.
4.6 Zoomba does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Zoomba expressly disclaims any and all liability in connection with User Submissions and the
hosting, sharing and/or publishing of the User Submissions on the Website or on Zoomba’s social media.
4.7 Zoomba does not permit copyright infringing activities and infringement of Intellectual Property and any third party intellectual property on the Website, and Zoomba will block and remove all content and User
Submissions if properly notified that such content or User Submissions infringes the Intellectual Property or any third party’s intellectual property.
4.8 You shall not:
(a) submit, upload or provide to Zoomba any written works, photos, audio files, videos or other communications containing any illicit, pornographic or otherwise illegal material or content (which is at Zoomba’s sole discretion); or
(b) otherwise engage in illegal or unauthorised actions in relation to the User Submissions or the Website, including selling or offering illegal or illicit materials or creating illegal private networks.
4.9 Zoomba reserves its right to remove User Submissions (in whole or in part) or particular content in the User Submissions at its sole discretion for any reason whatsoever with or without notice.
5.1 Zoomba has made every effort to ensure that the material contained on the Website is accurate and up to date, however it may be that some material is not totally accurate or up to date. Zoomba does not warrant
the quality, accuracy and completeness of this material on the Website.
5.2 Zoomba may develop new features which are made available on the Website from time to time (“New Features”). Zoomba does not warrant the quality, accuracy and completeness of the New Features.
6.1 When you interact with Zoomba by way of the Website, Zoomba may use features from your browser to assist in recognising your computer device when re-visiting the Website or in tracking online advertising
6.2 You may configure your browser so that you are notified before Cookies are downloaded or so that the downloading of Cookies is disabled. You may also delete Cookies from your browser.
7.1 These Terms & Conditions are governed by the laws of the Commonwealth of Australia.
7.2 Any claim or dispute between you and Zoomba that arises in whole or in part from the Website shall be decided exclusively by a court of the competent jurisdiction located in Sydney, New South Wales.
7.3 The Terms & Conditions shall constitute the entire agreement between you and Zoomba concerning the Website.
Version: 10 October 2016