Website and Social Media Terms and Conditions

This website (Website) is brought to you by Black Swan State Theatre Company Ltd (ABN 25 053 092 961) (Black Swan, us or we).

These terms of use (Terms), along with our Ticketing Terms and Conditions (available at https://blackswantheatre.com.au/terms-conditions/ticketing-terms-and-conditions), and our privacy policy (available at https://blackswantheatre.com.au/terms-conditions/privacy-policy) together comprise our General Terms and Conditions.

These Terms govern your use of the Website. By browsing, accessing, visiting or otherwise using any part of our Website, you agree to be legally bound by these Terms. We may change these Terms at any time. Any revised Terms will be made available on our Website and by continuing to use the Website you agree to be bound by any revised Terms.

Information on this website

The Website and the content and information on the Website (Content) are subject to copyright, trade mark and other intellectual property rights. These rights are owed by, or licensed to, Black Swan.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Content without express written permission from us. Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the Website for your personal use, unless such printing is expressly prohibited. In doing so, you must not remove, change or obscure our logo or any notices of proprietary rights on any Content. Without limiting the foregoing, you may not without our written permission on-sell or commercialise any information or Content obtained from the Website.

The Content is provided by Black Swan for general information purposes only. Black Swan may, from time to time, change or add to the Website or its Content. To the maximum extent permitted by law, we do not accept responsibility for any loss, damage, cost, expense or injury you or a third party suffers as a result of reliance by you or that third party upon the accuracy or currency of Website and the Content.

If the Website displays any other person's or entity’s trade mark, you must not use that trade mark without first obtaining that person's or entity’s express consent and nothing on the Website or in these Terms may be construed as granting a licence to use, or implying consent to the use of, such trade mark.

Third party content and third party websites

Our website may, from time to time, contain content of third parties (Third Party Content) and links to third-party websites (Third Party Websites).

Their inclusion cannot be taken to imply any endorsement or validation by us of the content of any such Third Party Website. We do not monitor, approve or have any control over any Third Party Websites and the inclusion of Third Party Content (including links to the Third Party Websites) does not imply any association or relationship between us and the third party.

The operators of Third Party Websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. Black Swan is not responsible, nor does it accept any liability, for the conduct of companies linked to our Website.

We may use third party advertisements on our Website. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by Black Swan or any of its affiliates. Black Swan is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

You acknowledge and agree that we provide access to such Third Party Websites and Third Party Content "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third Party Websites or Third Party Content.

Complaints, claims, concerns or questions regarding Third Party Content, including Third Party Websites, should be directed to the relevant third party.

Privacy

Black Swan takes its privacy obligations seriously. Your submission of personal information through our Website is governed by our Privacy Policy. Our Privacy Policy is available here: https://blackswantheatre.com.au/terms-conditions/privacy-policy.

Social media

Black Swan operates various social media sites in addition to its website (Social Media).

We enjoy receiving your feedback, thoughts and questions as we share with you our work, behind the scenes updates and other stories which we feel are important to us and our community.

Black Swan strongly believes that Social Media should be pleasant and respectful platforms for everyone. Difference in opinion is welcome but we ask that you do this politely and with respect, and please stay on topic.

We reserve the right to delete and block any user, comments or posts that are reasonably considered offensive or which unreasonably upset our community. In engaging with our social media sites, you should also adhere to any rules or regulations stipulated by the relevant social media operator.

On liking or following our social media sites, you agree to abide by these Terms.

User content and conduct

Black Swan may provide areas on our Website and Social Media where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publicly posted on our Website and Social Media, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publicly available and may be read, collected and used by others outside of our Website and Social Media. Black Swan is not responsible for the conduct of others who may read, collect and use this information.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its Content, or our Social Media:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, state or territory regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to "troll', harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose;
• any content with contains profane, defamatory, offensive or violent language, deliberately disruptive statements meant to hijack comment threads or throw discussions off-track, links or comments containing sexually explicit content material, discussion of illegal activity, or any other content determined to be inappropriate, in poor taste, or otherwise contrary to the purposes of the post or the page;
• to transmit any worms or viruses or any code of a destructive nature; or
• to interfere with or circumvent the security features of the Service, the Website, the Social Media, or any related website, other websites, or the internet.

We reserve the right to terminate your use of the Website, any related website, or our Social Media for violating any of the prohibited uses.

Links to our Website

Unless we agree otherwise in writing, we give no licence to use or exploit any intellectual property rights in any Content (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any Content by you and by any controlled persons must be subject to you:

• ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of claims being made for intellectual property infringement or misleading or deceptive conduct;
• ensuring that all links to any Content are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked Content that the source of the Content is this Website;
• ensuring that anyone by whom your and their links to the Content may be used or disclosed are the same as those who may access the Content directly from this Website; and
• being otherwise subject to our directions, including any take down, cease or desist directions.

Spam

Black Swan will never knowingly send you communications without your consent.

Cookies

Cookies are small pieces of information or text files that your computer browser or mobile device stores on your computer or device hard drive.

Black Swan may use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. If you disable cookies on your web browser, you may not be able to fully experience all features of this Website and Black Swan’s services.

Indemnity

You agree to indemnify, defend and hold harmless Black Swan and each of its related entities, and the directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors of each of them (each an Indemnified Party), from any claim or demand, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your use of the Website or the Content or your violation of any law or the rights of a third party.

Warranties and disclaimers

The Website and its content is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

While we endeavor to provide a convenient and functional Website, we do not guarantee, represent or warrant, whether express or implied, that the Website and the Content will meet your purposes or requirements, is accurate, complete or reliable, that your use of our Website will be uninterrupted, timely, secure or error-free, or that the Website is free of viruses or other harmful components.

Limitation of liability

In no case shall an Indemnified Party be liable for any injury, loss, or claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or the Content, or for any other claim related in any way to your use of the Website or the Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, any product or service procured as a result of using the Website, or any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

Some jurisdictions do not allow, or place limits on, the exclusion or the limitation of liability in certain circumstances. In such jurisdictions, the provisions of this clause 11 apply to the maximum extent permitted by law.

Termination

We reserve our right to discontinue, suspend or terminate your access to the Website without notice and in our sole and absolute discretion. Clauses 7, 10 and 11, together with the obligations and liabilities of the parties incurred prior to the termination date, shall survive the termination of these Terms.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Applicable law and jurisdiction

These Terms and any separate agreements shall be governed by and construed in accordance with the laws of Western Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia.

Contact

If you have queries or concerns relating to the Website or these Terms, please contact us via:

• Phone: (08) 6212 9300;
• E-mail: hello@blackswantheatre.com.au; or
• Post: State Theatre Centre of WA
• Level 1, 182 William Street
• Perth WA 6000 Australia

1. Access to and use of the Website is subject to these Website Terms and Conditions.
2. By accessing the Website you agree to the Website Terms and Conditions.
3. Assumption of risk and disclaimer
   1. Black Swan aims to ensure that the quality of its service to customers is accurate and reliable, but changes in circumstances may occur after the time of publication with the effect that the details of Black Swan events (Events) on the Website may change without prior notice.
   2. To the extent permitted by law, Black Swan disclaims all warranties regarding the currency, completeness, accuracy, reliability, performance, suitability and availability of the content of the Website.
   3. To the extent permitted by law, Black Swan disclaims all liability for any losses incurred by you or any other person arising out of accessing, downloading, using or relying on any material from the Website, unless those losses come about as a result of fraud or serious misconduct on the part of Black Swan.
   4. You assume all risks associated with the use of the Website including risk of your computer, software or data being damaged by any viruses, disabling codes, worms, defects, Trojan Horses or other items of a destructive nature which may be transmitted or activated via the Website or your access to it.

Notwithstanding anything else in the Terms and Conditions, you represent and warrant that in accessing or using the Website you will not:

1. use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website;
2. use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
3. undertake any action that will impose a burden or make excessive traffic demands on any infrastructure which supports or relates to the Website that Black Swan deems, in its sole discretion, to be unreasonable or disproportionate usage of the Website;
4. use the Website or any content from the Website in any manner which is, in Black Swan’s sole determination, not reasonable or not for the purpose which it is made available or both;
5. reproduce, modify, distribute, translate, create derivative works or adaptations of, display, sell, trade, or in any way commercially exploit the Website or the content of the Website, except as expressly authorised by Black Swan; or
6. transmit or attempt to transmit any computer viruses, disabling codes, worms, defects, Trojan Horses or other items of a destructive nature.

The Website may include advertisements, hyperlinks and pointers to websites not operated by Black Swan. Black Swan has no control over the nature, accuracy, content and availability of such websites, makes no warranty as to the accuracy, reliability or lawfulness of the information contained on any such website and accepts no responsibility or liability whatsoever for any loss incurred in respect of any omissions or consequences of actions taken by you or any third party based on any information, opinions or advice contained on any such website.