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.
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.
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:
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.
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).
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:
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