Terms

1. These Terms, together with our Privacy Policy, comprise the terms of a legal agreement between the person listed in Registration Portal (User, you or your) and Senik Entertainment Pty Ltd (ABN 20 627 029 350) (SenikTV, we, us, our).


2. The SenikTV Platform is an interactive platform designed for the streaming of music, videos, materials, works and other content, products and services uploaded, shared, submitted or published by SenikTV or others users of the SenikTV Platform (collectively, the Services).


3. By creating a User Profile on the SenikTV Platform, you acknowledge that you have read and understood these Terms and have the authority to act on behalf on any person for whom you are using the SenikTV Platform and Services.

1. SenikTV reserve the right to change any provision of these Terms in any way and we may, in our absolute discretion, add, change or remove any functions, interfaces or features of the SenikTV Platform and Services, add or remove any user or any User Content displayed or published on the SenikTV Platform, change any fees to access and use the SenikTV Platform and Services with, or without notice, to you.


2. If we provide you with notice of changes to this agreement, we shall do so either by email, messaging app or by posting it on the SenikTV Platform.

1. By using the SenikTV Platform and the Service, you represent that you have read and consent to our Privacy Policy in addition to this Terms. SenikTV may revise the Privacy Policy at any time and the new versions will be available on the SenikTV Platform.


2. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service.

1. If you wish to use the SenikTV Platform you must create an account with us (User Profile) via the Registration Portal


2. Your User Profile will be operated by a username and password (Password) which Password you may change online at your convenience. The owner of the User Profile is solely responsible for the activity conducted on the User Profile. We will request that the owner of the User Profile provide identification to verify your identity.


3. In order to open a User Profile or otherwise access and use the SenikTV Platform, you must:

1. be over 18 years of age and legally able to enter into contractual relations. If you are not over 18 years of age (Minor), you should not access or use the SenikTV Platform. Your continued use of the User Profile constitutes an acknowledgement by you that you are over 18 years of age, or your parents or guardians have agreed to abide by these Terms. We reserve the right to ask for proof of age from you and your User Profile may be suspended until satisfactory proof of age is provided; and


2. provide only accurate, complete registration information, and you will update that information if it changes. You will create only one account on the SenikTV Platform and you will remain responsible for anything that happens through your User Profile. Users must provide and keep us up-to-date with accurate registration information and Personal Information (including name, address, email address, telephone number). All Personal Information as well as the information you provide to register, is subject to our Privacy Policy.
   
   
   
   1. In relation to your User File, you undertake that you will:
   
   
   
   


3. not disclose your Password to any third party and take reasonable measures to prevent disclosure of your Password to any third parties. You are liable for all use of the SenikTV Platform using your User Profile or Password. Please notify us immediately if you become aware that your User Profile or Password is being used without authorisation or any other security breach relating to your Member Account or Password; and


4. not impersonate another account holder or provide false identity information to gain access to or use the SenikTV Platform.
   
   
   
   1. At any time you may use the Registration Portal to edit your User Profile.
   
   
   2. SenikTV has the right to suspend or terminate any User Profile or Password (whether chosen by you or allocated by us) or your access or use of all or any part of the SenikTV Platform, at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms.
   
   
   
   

1. Before any User can upload, share, submit or publish music, videos, content, materials, works, text, images and other data (collectively, User Content) must register as (an Artist through the SenikTV Platform). To register as an Artist, the User must:

a) upload an up-to-date image of the Artist; and

b) publish a biography of the Artist.

2. SenikTV may, at our absolute discretion, accept or reject any application for registration as an Artist. Before we accept your application, we may contact you to request further information. If SenikTV rejects your application for registration as an Artist, we will let you know (or if we do not notify you within 30 days that your application has been accepted, your application will be deemed to have been rejected). We are not required to provide you with an explanation and our decision is final and binding.

3. If we accept your application for registration as an Artist, you may upload, share, submit or publish User Content on, or via, the SenikTV Platform in accordance with these Terms.

4. Before you (as an Artist) upload, publish or submit any User Content to the SenikTV Platform, you will be required to obtain approval from SenikTV. Consequently, there may be a delay between the time you submit User Content for publication and the time the User Content is actually published or displayed on the SenikTV Platform. SenikTV has a zero tolerance policy for User Content that contravenes clauses 5.5, 5.6 and 5.7 of these Terms (User Content Policy). SenikTV may, ourabsolute discretion, reject or accept User Content for publication. For example, SenikTV may refuse to publish User Content on the basis that it contravenes the User Content Policy.

5. You (as an Artist) acknowledge that SenikTV is reliant on you for direction as to the extent SenikTV is entitled to use, publish and transmit any User Content that you make available to SenikTV. Consequently, you warrant that, in relation to any User Content uploaded, published and posted on, or via, the SenikTV Platform:

a) it has been shared, uploaded, published and posted in accordance with the Relevant Laws; and

b) you own all Intellectual Property Rights in the User Content or you have obtained the informed consent or authority from the owner of the User Content for SenikTV to use, publish and transmit the User Content on, or via, the SenikTV Platform.

6. By uploading, sharing, submitting or publishing User Content on, or via, the SenikTV Platform, you warrant that at all times:

a) you hold all necessary rights, licences and consents to do so;

b) nothing in the User Content will cause you or us (or anyone else) to breach any Relevant Laws;

c) no User Content is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or privacy or false and misleading or is otherwise abusive or objectionable;

d) the User Content does not contain, nor will they cause, any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

e) nothing in the User Content would bring SenikTV or the SenikTV Platform, into disrepute or adversely affect the reputation and goodwill of the A SenikTV Platform or SenikTV; and

f) the User Content does not infringe the Intellectual Property Rights or other rights of any person.

7. You (as an Artist) must not publish, post, transmit or upload User Content on, or via, the SenikTV Platform that:

a) contain confidential information;

b) are knowingly inaccurate, misleading or deceptive or fraudulent (including, but not limited to, as a result of you having impersonated another person or misrepresented your identity);

c) are defamatory or harmful to another in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including us or our personnel;

d) are aimed at disparaging or damaging the reputation or goodwill of our business, the SenikTV Platform, the website, our social media pages, or any of our personnel and third parties connected to us; or

e) constitute or comprise any other material whatsoever which contravenes these Terms.

8. SenikTV may, at our absolute discretion, monitor, censure, remove, modify, refuse to publish or alter the User Content (with or without notice to you) if:

a) we consider that such User Content do not comply with these Terms (including the User Content Policy and any of our policies or guidelines published by us from time to time); or

b) we receive a complaint from another User or third party that you are infringing their Intellectual Property Rights or other rights.

9. You may make a complaint that the User Content published by another Artist contravenes the User Content Policy (eg the Artist does not own copyright in the User Content) by emailing us at Privacy@seniktv.com. We will use reasonable endeavours to investigate the complaint and remove any User Content has been published in contravention of the User Content Policy.

1. SenikTV may invite or accept a request by certain Artists to be Experts on the SenikTV Platform, in which case:

a) the User Content of the Expert will be prominently featured on the ‘experts’ page of the SenikTV Platform; and

b) the SenikTV recognises the Expert as a subject matter expert; and

c) the Expert is granted the right to post comments, information or Medals relating to the User Content of other Artists published or posted on, or via, the SenikTV Platform.2.

2. You (as an Artist or Expert) are solely responsible for all User Content that you publish, post, transmit or upload on, or via, the SenikTV Platform. We do not recommend or endorse any Artist or any User Content, comments, opinions or submissions published, posted or appearing on the SenikTV Platform or our related social media pages.

3. If an Artist wishes to remove User Content published or posted by the Artist on the SenikTV Platform, the Artist must provide SenikTV with at least 30 days written notice.

1. SenikTV will not be liable to you or anyone else if for any reason the SenikTV Platform or the Services is unavailable (wholly or partly) at any time or for any period.


2. Access to the SenikTV Platform or the Services are permitted on a temporary basis, and we reserve the right to withdraw amend the SenikTV Platform, the Services, information and content we provide on, or via, the SenikTV Platform at any time without notice. From time to time, we may restrict access to some parts of the website (wholly or partly).


3. When accessing and using the SenikTV Platform or the Services, you must not data mine our computer system or database, misuse, disrupt, impair or undermine the security or integrity of the SenikTV Platform or our computing systems or networks, or any computing systems or networks involved in maintaining the SenikTV Platform, or gain unauthorised access to any systems or materials other than those you have been given express permission to access.


4. You must not use the SenikTV Platform or the Services to post, distribute or transmit any files that may damage any other person’s computing devices or software (including any virus, worm, trojan, or other harmful software or component), content or material that may be offensive, or material or data in violation of any Relevant Law.

1. To access and use the SenikTV Platform, you must:

1. open a User Profile with us via the SenikTV Platform;


2. pay the fees (if any) to access and use the SenikTV Platform and the Services;


3. provide us with all necessary co-operation and information to facilitate and provide the SenikTV Platform and the Services including (but not limited to) proof of identity;


4. ensure that all information is true, accurate and not misleading;


5. obtain and maintain all equipment, hardware and software required by you to use and/or access the SenikTV Platform and the Services;


6. comply with all reasonable directions, policies and guidelines of SenikTV as advised from time to time; and


7. carry out all of your responsibilities set out in these Terms in a timely and efficient manner.
   
   
   
   1. Except as otherwise permitted under these Terms, you must not:
   
   
   
   


8. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the SenikTV Platform and the Services available to any third party;


9. violate SenikTV’s Intellectual Property Rights;


10. misrepresent your true legal identity in your dealings with us;


11. license, sell, rent, lease, transfer, assign, distribute, display, disclose, adapt, create derivative works or otherwise commercially exploit User Content that is owned by another User;


12. modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the SenikTV Platform or the Services; and


13. access all or any part of the SenikTV Platform or the Services in order to build a product, service or code which competes with the SenikTV Platform or the Services.
    
    
    
    1. We reserve the right to limit your use of the SenikTV Platform and/or Services, including the right to restrict, suspend or terminate your User Profile or suspend or restrict your right to access, view, download, upload, post or publish User Content, if we believe you are in breach of these Terms or are misusing the SenikTV Platform or the Services.
    
    
    
    

1. SenikTV shall use reasonable endeavours to provide you with access and use of the SenikTV Platform and Services as described on the SenikTV Platform; and


2. In the event that SenikTV fails to provide you with access and use of the SenikTV Platform and Services in accordance with clause 9.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 9.1.

1. You acknowledge that, notwithstanding anything else, SenikTV and/or its licensors own all Intellectual Property Rights in the SenikTV Platform and the Services (and anything arising or generated therefrom) (collectively, the SenikTV IP). Accessing and using the SenikTV Platform does not give you (or anyone else) ownership of, or any right, title or interest in any of the foregoing (or any SenikTV IP contained therein), or any information, content or technology that may be provided to, or accessed by, you in connection with their use, all of which is, and will remain, owned by SenikTV or its licensors.


2. All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the SenikTV Platform or Services will automatically vest in, and are assigned to, SenikTV (Developed IP).


3. You (as the Artist) will remain the owner or licensor of your User Content. By publishing, posting, transmitting or uploading the User Content (including, but not limited to names, photographs, digital images, audio and visual recordings) on, or via, the SenikTV Platform, you (as an Artist) grant SenikTV a royalty-free, non-exclusive and worldwide licence to use, publish and transmit any User Content that you make available to SenikTV (and all Intellectual Property Rights contained therein) for the purpose of providing you with access to, and use of the SenikTV Platform, the Services or any ancillary services. This licence includes the right to publish the User Content on the the SenikTV Platform and related social media sites.

1. SenikTV do not charge Users to access and use the SenikTV Platform or the Services


2. We reserve the right, at our absolute discretion, to charge a fee to access, stream, download, upload, submit, publish or post User Content on, or via, the SenikTV Platform at any time, by giving you written notice or by otherwise posting it on the SenikTV Platform. If you do not agree to these changes, you should terminate the agreement in accordance with clause 14, no later than 3 days after the date you received written notice of the changes or the changes were posted on the SenikTV Platform.


3. If we charge you a fee to access and use the SenikTV Platform or the Services, such fees, to the maximum extent permitted by Relevant Laws, are non-refundable.

1. To the maximum extent permitted by Relevant Laws, SenikTV excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the access to, and use of, the SenikTV Platform and the Services.


2. Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.


3. You acknowledge and agree that, to the extent permitted by Relevant Laws, SenikTV makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency, quality, safety or security of the SenikTV or the Services (or any goods or services provided in connection with the SenikTV Platform). SenikTV will not be liable if the SenikTV or the Services are unavailable for any reason, including directly or indirectly as a result of:

1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;


2. negligent, malicious or wilful acts or omissions of third parties (including SenikTV’s third party service providers);


3. maintenance (scheduled or unscheduled) carried out by SenikTV or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the SenikTV Platform;


4. services provided by third parties (including internet service providers) ceasing or becoming unavailable; or


5. a Force Majeure Event.




1. The SenikTV Platform is operated and controlled from Australia and we make no representation to Users that the SenikTV Platform is suitable, appropriate or available in other jurisdictions. If you choose to access and use the SenikTV Platform and the Services from outside Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.


2. You acknowledge that, to the extent permitted by Relevant Laws, SenikTV is not liable to you and we do not warrant:




6. that the SenikTV Platform will have any future features or functionality; or


7. that the User Content, the description of the User Content or any other information or other content available or offered on, or via the SenikTV Platform is accurate, complete, reliable, current or error-free or are suitable for any particular purpose or use under any specific conditions, and they are provided on an “as is” and “where is” basis; or


8. the legitimacy, repute, or credibility of any Expert.

1. To the fullest extent permitted by Relevant Laws, SenikTV, our Affiliates and Personnel will not be liable to any User or any third party for:

1. indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or


2. loss of income, loss of profits, business interruption, loss of revenue or wages, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, material or equipment wastage, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss; or


3. loss of or damage to any property or any personal injury or death to you or any third person,

arising out of, relating to, or connected to your access to, and use of, the User Content, the SenikTV Platform, the Services, and these Terms, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

1. Under no circumstances will SenikTV’s aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed $10.


2. You agree to defend, indemnify and hold SenikTV, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:

1. the access and use by you, your Personnel, your Affiliates or any third party of the SenikTV Platform or the Services; or


2. any User Content published, posted, transmitted or uploaded by you on, or via, the SenikTV Platform.


3. any breach by you, your Personnel or your Affiliates of these Terms.

1. These Terms commence on the date the User creates a User Profile, and shall continue until terminated in accordance with this clause 14.


2. You agree that SenikTV may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):

a) the SenikTV Platform and/or the Services; or

b) any User Content displayed, posted or published on SenikTV Platform.

3. SenikTV may, at our absolute discretion and without notice, remove or change a User’s status as an Artist or Expert, including removing the Artist’s/Expert’s User Content from the SenikTV Platform.

4. You may terminate these Terms at any time by deleting User Profile.

5. SenikTV may terminate these Terms or discontinue any function or feature of the SenikTV Platform or the Services at any time (without liability to you) by one days’ written notice to the User.

6. Cause for such suspension or termination may include, but are not be limited to:

a) any serious or repeated breaches or violations of these Terms, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;

b) posting or publishing User Content on the SenikTV Platform that is or could contravene the  User Content Policy

c) serious or repeated breaches or violations of another person’s Intellectual Property Rights or privacy rights;

d) you fail to pay charges (if any) to access, and use, the SenikTV Platform and Services;

e) your activities, conduct or transactions on, or, via, the SenikTV Platform, brings, or has the capacity to bring, us into disrepute;

f) requests by law enforcement or other government agencies.

7. You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.

8. On termination of these Terms for any reason:

a) we may (without liability to you or any third party) delete or otherwise dispose of your User Profile and User Content; and

b) all licences to use the SenikTV Platform and the Services and rights of access granted under these Terms will immediately terminate.

c) the User must immediately pay any outstanding fees (if any) to us. 

The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to these Terms initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.

1. We do not recommend or endorse any third party goods, services or content appearing on, or via, the SenikTV Platform (such as paid advertising), or other sites which are linked to the SenikTV Platform, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only.


2. Your linking to or from these sites, or use of, or reliance on, such sites, products or services is at your own risk and we do not accept responsibility for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).

SenikTV will have no liability to you (or anyone else) under this agreement if it is prevented from or delayed in performing its obligations under this agreement or otherwise, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, natural disasters, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, pandemic, epidemic, mandatory lockdown, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials (collectively, Force Majeure Event).

1. By accessing and using the SenikTV Platform and the Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the SenikTV Platform.


2. You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing.


3. Notice will be deemed received and properly served immediately when posted on the SenikTV Platform or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.

1. A waiver of any right under these Terms is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.


2. If any provision (or part of a provision) of these Terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.


3. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.


4. These Terms, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.


5. You may not assign or transfer your rights or obligations under these Terms without our written consent.


6. Nothing in these Terms are intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.

The laws of the state of Victoria, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of Victoria.

In these Terms, the following words shall have the following meanings:

1. Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.


2. Artists means a User who has approved by


3. Customer Registration Portal means the customer registration portal on the SenikTV Platform used by you to open a Customer Account.


4. Expert means an Artist invited by SenikTV to be an ‘expert’ on the basis of their subject matter expertise and who is granted the right to comment on the User Content published or posted by other Artists on, or via, the SenikTV Platform.


5. Developed IP has the meaning in clause 10.2.


6. Force Majeure Event has the meaning in clause 17.


7. Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.


8. Medal means is a feature that allows Experts to show support and appreciation for the User Content of another Artist or Expert.


9. Password has the meaning in clause 4.2.


10. Personal Information has the meaning set out in section 6 of the Privacy Act.


11. Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of a party.


12. Privacy Act means the Privacy Act 1988 (Cth).


13. Privacy Policy means our privacy policy available on the SenikTV Platform or any other internet site notified by SenikTV from time to time, which is incorporated into these Terms.


14. Registration Portal means the User registration portal on the SenikTV Platform used by Users to open or create a User Profile.


15. Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the


16. Services has the meaning in clause 1.2.


17. SenikTV IP has the meaning in clause 10.1.


18. SenikTV has the meaning in clause 1.1, and where the context permits, your Personnel and Affiliates.


19. SenikTV Platform means the interactive platform (including all Intellectual Property Rights contained therein) created and control by SenikTV (and made available via the Site or mobile application) which enables the streaming of music, videos, materials, artist works and other content, products and services uploaded, shared, submitted or published by SenikTV or Artists of the SenikTV Platform.


20. Site means https://seniktv.com or other website notified by us from time to time.


21. User, you or your has the meaning in clause 1.1, and where the context permits, your Personnel and Affiliates.


22. User Content has the meaning in clause 5.1.


23. User Profile has the meaning in clause 4.1, and where the context permits, includes the User Content published, posted or submitted by an Artists or Expert (such as images, video, music, artist works, information, comments and materials).