Terms of Service and Disclaimer
Use of Content on the Site?
You may view, download, and print contents from the Site subject to the following terms and conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Purple Wax Pty Ltd without the express written consent of Purple Wax Pty Ltd. You may not use any meta tags or any other “hidden text” utilising Purple Wax’s name or trademarks without the express written consent of Purple Wax. You may not use any Purple Wax logo or other proprietary graphic or trademark as part of the link without express written permission.
You do not acquire any ownership rights to any content in the Site. Any unauthorised use terminates the license granted by Purple Wax Pty Ltd.
Reviews, Comments, Communications, And Other Content
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
By submitting information, you grant Purple Wax Pty Ltd. a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sublicenseable license to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you represent and warrant and will covenant that the content is accurate; you own all rights to or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree to indemnify, hold harmless and defend Purple Wax Pty Ltd., and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to any allegation that the content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. You further agree that Purple Wax shall have the right to participate in the defence of any such claim through counsel of its own choosing.
All of the above applies to our Weblog or Blog as is commonly known. Any information, opinion or comment made in it by third parties, is not the opinion, information or comment of Purple Wax and Purple Wax cannot be held responsible for it. If you believe that any information given in it is false, you may post a comment on the blog or contact us.
Products and Services offered By Purple Wax Pty Ltd. on the Site
Purple Wax Pty Ltd. offers products and services on the Site. When you enrol to obtain a product or service from Purple Wax Pty Ltd. on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service.
Purple Wax Pty Ltd. does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free.
Purple Wax Pty Ltd. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Purple Wax Pty Ltd. may own one or more Australian and international patents that apply to the Site.
Purple Wax Pty Ltd. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com
Purple Wax and other marks indicated on our site are registered trademarks of Purple Wax Pty Ltd. in the Australiaand/or other countries. Other Purple Wax Pty Ltd. marks, graphics, logos, page headers, button icons, scripts noted on the Site are Purple Wax Pty Ltd.’s service marks, trademarks and trade dress and are the sole and exclusive property of Purple Wax Pty Ltd. Purple Wax Pty Ltd.’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Purple Wax Pty Ltd. and in connection with any service or product that is not sponsored, endorsed or produced by Purple Wax Pty Ltd. All other trademarks not owned by Purple Wax Pty Ltd. its clients, or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Purple Wax Pty Ltd. or its subsidiaries.
Third Party Web Sites and Information
The Site may provide hyperlinks to third party Web sites or access to third party content. Purple Wax Pty Ltd. does not control, endorse, or guarantee content found in such sites. You agree that Purple Wax Pty Ltd. is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Purple Wax Pty Ltd. shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.
ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Purple Wax Pty Ltd. AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY Purple Wax Pty Ltd.ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. Purple Wax Pty Ltd. DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS.
Purple Wax Pty Ltd., ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Purple Wax Pty Ltd., ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless and defend Purple Wax Pty Ltd. and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) your breach of these Terms and Conditions; (ii) your negligence or wilful misconduct; (iii) any allegation that the content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; (iv) in connection with your use of the Site or any hyper linked Web site or (v) resulting from content you supply. You agrees that Purple Wax Pty Ltd. shall have the right to participate in the defence of any such claim through counsel of its own choosing.
This Terms and Conditions shall be governed by and construed in accordance with the law of the New South Wales, Australia. You agree that any legal action or proceeding under or with respect to this Terms and Conditions will be brought in the Supreme Court of the State of New South Wales and for the purpose of any such legal action or proceeding, You hereby submit to the jurisdiction of such court. You hereby agree not to raise, and waives any objection it may have to or any defence it may have based upon the venue of such courts or based upon an inconvenient forum. You also agree not to bring any legal action or proceeding under or with respect to this Terms and Conditions outside the Supreme Court of the State of New South Wales. The parties to this Terms and Conditions hereby voluntarily, knowingly and irrevocably waive any constitutional or other right each may have to a trial by jury in the event of litigation related to or concerning this Terms and Conditions.
Should any litigation, arbitration, meditation or other legal proceeding be commenced concerning this Agreement, Purple Wax Pty Ltd. shall be entitled, in addition to such other relief as may be granted, to reimbursement of Purple Wax Pty Ltd.’s actual legal fees and costs incurred in connection with such proceeding. ”Actual legal fees” means the full and actual cost of any legal services actually performed in connection with the matter for which such fees are sought calculated on the basis of the usual fees charged by the legal counsel performing such services, and shall not be limited to ”reasonable legal fees” as that term may be defined in statutory or decisional authority.
Entire Terms and Conditions. This Terms and Conditions contains the entire Terms and Conditions between You and Purple Wax Pty Ltd. with respect to the engagement relationship between You and Purple Wax Pty Ltd. and supersedes all prior Terms and Conditions, undertakings and commitments, whether oral or written. No amendments to this Terms and Conditions shall be effective, except by written Terms and Conditions signed by both You and Purple Wax Pty Ltd.
Invalid Provisions. The invalidity or unenforceable of any paragraph or provision of this Terms and Conditions shall not affect the validity or enforceability of the remainder of this Terms and Conditions, or the remainder of any paragraph or provision. This Terms and Conditions shall be construed in all respects as if any invalid or unenforceable paragraph or provision were omitted.
Successors and Assigns. This Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective shareholders, partners, subscribers, directors, officers, heirs, successors, representatives and assigns. You agree, for itself and on behalf of its successors, heirs, executors, administrators, and any person or persons claiming under it, that this Terms and Conditions and the rights, interests, and benefits hereunder cannot be assigned, transferred, pledged, or hypothecated in any way and shall not be subject to execution, attachment, or similar process. Any attempt to do so, contrary to these terms, shall be null and void and shall relieve the Purple Wax Pty Ltd. of any and all obligations or liability hereunder.
Construction. Each party to this Terms and Conditions has carefully reviewed this Terms and Conditions, is familiar with the terms and conditions herein, and given the opportunity to have their counsel review this Terms and Conditions or was advised by legal counsel of his or its own choice with respect thereto. This Terms and Conditions is the product of negotiation among the parties hereto and is not to be interpreted or construed against any party hereto. For the purposes hereof, the term “discretion” shall mean the sole, absolute, unrestricted and unfettered right to exercise judgement. The language in all parts of this Terms and Conditions shall in all cases be construed simply, according to its fair meaning, and not strictly for or against any of the parties. Without limitation, there shall be no presumption against any party on the ground that such party was responsible for drafting this Terms and Conditions.
Effect of Waiver. The failure of any party to insist in any one instance or more upon strict performance of any of the terms and conditions hereof, or to exercise any right or privilege herein conferred, shall not be construed as a waiver of such terms, conditions, rights or privileges, but same shall continue to remain in full force and effect. Any waiver by any party of any violation of, breach of or default under any provision of this Terms and Conditions by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or waiver of any other violation of, breach of or default under any other provision of this Terms and Conditions.
Force Majeure. Neither party shall be in default by reason of any failure or delay in the performance of any obligation under this Terms and Conditions where such failure or delay arises out of any cause beyond the control and without the fault or negligence of such party.
Binding Effect. This Terms and Conditions shall be binding upon, and inure to the benefit of, the Purple Wax Pty Ltd. and its successors, assigns, heirs, legal representatives, executors, and administrators.
FOR SUBSCRIBERS LOOKING FOR AGENTS, TALENTS AND CLIENTS:
The operators of Purple Wax Pty Ltd. assume no responsibility and in no way make any representations, warranties, or covenants as to the accuracy of the information contained in any of the pages or emails published in relation with Purple Wax Pty Ltd. Not all Purple Wax Pty Ltd. Voice Talent profiles are created directly by the talent, some are acting as agents or managers for the talents.
You are responsible for conducting your own investigation regarding any and all claims made by prospective talents, agents, or clients. You assume all liability for use of any information you find through Purple Wax Pty Ltd., or any of its publications.
None of the information contained in any Purple Wax Pty Ltd. web page is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the Subscriber. Qualification of all Subscribers is the sole responsibility of each party.
Purple Wax Pty Ltd. does not guarantee that the Purple Wax Pty Ltd. web site will be available one hundred percent (100%) of the time. Purple Wax Pty Ltd. and its operators make no warranty or representation as to the provision of any service obtained through Purple Wax. If Purple Wax Pty Ltd. and its operators are unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, neither Purple Wax Pty Ltd. nor its owners will not be held liable for any costs or damages including, but not limited to, indirect, special, incidental, exemplary or consequential damages (including, without limitation, lost profits) related to this Terms of Service or resulting from your use or inability to use the Purple Wax, arising from any cause of action whatsoever, including contract, warranty, strict liability, or negligence, even if Purple Wax Pty Ltd. has been notified of the possibility of such damages.
Purple Wax Pty Ltd. and its operators make no warranty or representation as to the acquirement of jobs; since this decision depends on the client’s criteria and the ability of the Voice Talent to offer his/her services.
Purple Wax Pty Ltd. is not a licensed agent in any location.
Local Laws and Regulations
Subscribers are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, taxes, and safety compliance.
Purple Wax Pty Ltd. does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM).
Purple Wax Pty Ltd. reserves the right to cancel (without refund) any subscriber that mentions Purple Wax Pty Ltd. or any of its associated websites, URLs, or any associated Purple Wax Pty Ltd. email address in any SPAM e-mail message or Usenet posting.
By using this service, the client, and the Voice Talent agree that Purple Wax Pty Ltd. may determine what constitutes SPAM in its sole and absolute discretion.
Purple Wax Pty Ltd.’s stated goal is to reduce the volume of unsolicited information delivered via Purple Wax Pty Ltd. To that end, projects, auditions and any other communication may be monitored and filtered by Purple Wax Pty Ltd. prior to delivery to customers. All submitted content may be read by Purple Wax Pty Ltd. staff members. Despite Purple Wax Pty Ltd. filtering efforts, it is likely that some unsolicited information will be delivered anyway. It is also likely that some solicited information may not be delivered as a result of Purple Wax Pty Ltd. filtering efforts.
Information is delivered via Internet email and is not to be considered private. Internet e-mail delivery is not one hundred percent (100%) reliable and Purple Wax Pty Ltd.cannot be held responsible for undelivered messages or for missed income as a result of undelivered messages. Purple Wax Pty Ltd., at its own discretion, may supply to customers the direct contact information of any user of Purple Wax Pty Ltd. service.
Subscribers are expected to follow and use only acceptable content. Subscribers using content that is not acceptable to Purple Wax Pty Ltd. are subject to cancellation at the sole and absolute discretion of Purple Wax Pty Ltd.
Digital Millennium Copyright Act
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Purple Wax Pty Ltd. Suite 288, 4 Young Street, Neutral Bay, NSW, Australia 2089.
If you are a copyright owner or an agent thereof and believe that any Content in the site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a counter-notice is received by the Copyright Agent, Purple Wax Pty Ltd. may send a copy of the counter-notice to the original complaining party informing that person that the service provider may replace the removed Content or cease in disabling it in a time frame of 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user of the site, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Purple Wax Pty Ltd.´s sole discretion.