SKylark Media Website terms of use

1 INTRODUCTION
1.1 This Terms of Use (“Agreement”) is a legal agreement explaining the terms that all visitors, users, clients
and customers must comply with when using skylarkmedia.com.au (“Website”).
1.2 By accessing the Website, you confirm that you agree to abide by all these Website Terms of Use. These
terms apply to the entire website and any email or other type of communication between you and Skylark
Media ABN 42 989 732 086 (“we”, “us”, “our”). We ask you to please read these terms carefully. If you do
not agree with our terms, you must cease using the Website immediately.
1.3 We grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide and limited license to use
the Website strictly in accordance with the Agreement. All other uses of the Website are prohibited unless
we give you our written consent.
1.4 The Agreement incorporates our Privacy Policy.
1.5 These Terms of Use are governed by the laws of New South Wales and Australia. You agree to be subject
to the jurisdiction of the laws of New South Wales and Australia.
1.6 You are responsible for ensuring you comply with all applicable laws in Australia and in any other country.

2 USER RIGHTS AND RESPONSIBILITIES
2.1 Acceptable Use
2.1.1 The Website and any portion of the Website may not be reproduced, sold, resold, visited or otherwise
exploited for any commercial purpose without our express written consent.
2.1.2 You must use the Website for lawful purposes only.
2.2 Prohibited Use
2.2.1 You must not disrupt or attempt to disrupt our servers in any way that may cause harm to the Website.
2.2.2 You must not harass, abuse, threaten or incite violence towards any individual or group.
2.2.3 You must not use any portion of the Website for emailing, transmitting or otherwise making available junk
mail, commercial advertisements or any other form of commercial solicitation.

3 OUR CONTENT
3.1 Except for User Content as defined in User Content clause below, all the content featured or displayed on
the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and
illustrations ("Our Content"), are owned by us, our licensors, vendors, agents and/or our content providers.
All elements of the Website, including without limitation the general design and Our Content, are protected
by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
3.2 The Website, Our Content and all related rights shall remain our exclusive property unless otherwise
expressly agreed.
3.3 You must not remove any copyright, trademark or other proprietary notices from material found on the
Website.

4 WEBSITE INFORMATION
4.1 We attempt to ensure that information on the Website is complete, accurate and current. Despite our best
efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make
no representation as to the completeness, accuracy or currency of any information on the Website.
4.2 Through using the Website, you may be exposed to content that you may find offensive, objectionable,
harmful, inaccurate or deceptive. By using the Website, you assume all associated risks.

5 SECURITY
5.1 Information provided by you through the Website is stored on a secured private server. While we have taken
reasonable precautions to protect your personal information, no security system is impenetrable and we
cannot guarantee the security of information that you provide to us via the Internet, through the Website or in
databases stored on our servers.

6 INTELLECTUAL PROPERTY RIGHTS
6.1 We claim copyright and all other intellectual property rights to all the material on the Website, including, but
not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings
and text.
6.2 Our intellectual property is protected under copyright, trademark and other intellectual property laws.
6.3 As part of the Agreement, you agree to not reproduce, distribute, sell, publish or broadcast any of the
material found on the Website without our prior written consent.

7 COPYRIGHT NOTICE
7.1 All Website design, graphics, text selections, arrangements and all software are of Copyright © 2023,
Skylark Media, its Licensors or Licensees. ALL RIGHTS RESERVED.
8 PRIVACY POLICY
8.1 Your personal information will only be used in accordance with our Privacy Policy.

9 LIMITATION OF LIABILITY
9.1 We accept no liability for any direct or indirect damages, resulting from the use of the website, messages
obtained, costs of obtaining any products purchased, transactions entered into through the website or
resulting from unauthorised access to information contained on the Website.
9.2 Where any Act of Parliament or applicable law prohibits provisions in the contract, the liability for us on any
breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:
(a) if the breach relates to goods, the replacement of the goods or supply of equivalent goods;
(b) if the breach to relates to services, the payment of the cost of having the services supplied again.

10 INDEMNITY
10.1 You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents,
and employees, harmless from and against any and all claims, demands, proceedings, losses and damages
(actual, special and consequential) of every kind and nature, known and unknown, including reasonable
legal fees, made by any third party due to or arising out of your breach of the Agreement or your breach of
any law or the rights of a third party.

11 CANCELLING
11.1 We may limit, suspend, cancel or prohibit access to the Site, or take technical and legal steps to keep you
off the site if we become aware that you may be creating legal liabilities, infringing any laws, or infringing
intellectual property rights of us or third parties, or if you breach the Agreement, or if we believe your actions
may cause loss or damage to or unlawfully harm you, our other users, third parties, or us.

12 ENTIRE AGREEMENT
12.1 The Agreement contain all the terms agreed between you and us and supersedes and excludes any prior
Terms of Use published on the Website.

13 AMENDMENTS AND VARIATIONS
13.1 The Agreement is subject to amendments and changes from time to time and at our discretion. Your
continued use of the Website after the amendments and changes will mean that you agree, without
qualification, to the revised Agreement.
13.2 Should you object to any such amendments or changes to the Agreement or become dissatisfied with the
Website in any way, your only recourse is to immediately discontinue use of the Website.
13.3 Using, visiting or accessing the Website after the effective date means that you agree to be bound by any
and all revisions.

14 FEEDBACK
14.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the
Website. You may submit feedback by emailing us on: liam@skylarkmedia.com.au
14.2 If you review us, or provide us with a testimonial, you permit us to post or otherwise transmit the review or
testimonial on our social media or other channels. You can email us and ask us not to do this at any time.

15 CONTACT US
15.1 If you have any questions or comments about the Agreement, please contact us at liam@skylarkmedia.com.au