Terms and Conditions

As at September 2024
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Stage Queensland Incorporated (Stage Queensland) is the owner and operator of the website at: https://www.qtouring.com.au (Website). Stage Queensland also owns and operates the QTouring program (QTouring). QTouring is Stage Queensland’s hub for performing artists and producers to promote their touring work throughout the state of Queensland, QTouring allows members to post touring information for their shows on the Website (Services). Those digital Services are provided by QTouring on the Website on the following terms and conditions (Terms). 

In order to access and use the Services in full, you must register as a QTouring member (Member) by way of creating an account via the Website (Account). Please read and consider these Terms carefully, as they detail your agreement with QTouring whether as a visitor to the Website or as a QTouring Member. Further, these Terms should be read in conjunction with QTouring’s Privacy Policy, which is available here. By accessing QTouring’s Website and using its Services, you agree to be bound by these Terms.

We may change, modify, add or delete portions of these Terms from time to time at our sole discretion and your continued use and membership of the Services and/or access of the Website constitutes your acceptance of those changes. If you do not agree with any of these Terms, as updated or amended, you must not use the Services or access the Website.

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1. QTouring Services

1.1 The Website is freely accessible to users, whether visitors or Members. The Services are available to Members only.

1.2 QTouring, via the Website, allows Members to post listings about available work and any tours that may be presented in Queensland (each a Works Listing).

1.3 Unless otherwise specified, QTouring does not offer, create, own, sell, provide or control any Works Listing featured on the Website and is not a joint venturer, partner, agent or representative of any Member. 

1.4 Without limitation to clause 3, Members are responsible for all Works Listings and the accuracy of any content contained therein.

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2. Account & Membership

2.1 By becoming a Member and creating an Account, you warrant, agree and acknowledge to QTouring that:

(a) all information provided by you is accurate, current and complete information and you will notify us as soon as possible, including by updating your Account details, if such information changes;

(b) you are responsible for safeguarding your password and any other confidential information associated with your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions carried out through your Account, whether or not you have authorised such activities or actions. You will immediately notify QTouring of any unauthorised use of or access to your Account;

(c) you will not do anything which would assist a third party who is not a registered user to gain access to any restricted, Member-only part of the Services or Website by use of or access to your Account; and

(d) QTouring reserves the right to suspend or terminate your Account if any information provided is found to be inaccurate, incomplete or in violation of these Terms.

2.2 When creating your Account, you will be asked a variety of questions about your organisation or production including contact details (contact name, organisation, position, phone number, venue address and email address). Your Account and your contact information may be made publicly available via the Website. Other Members and the general public will be able to contact you to discuss potential venue hire, production presentation or production bookings based upon the information provided in your Works Listing. City details will be made public. Other contact information such as postal address will not be published and this is clearly marked on the registration page.

2.3 QTouring may refuse registration of users whose suggested artist/ producer details are considered inappropriate, impersonating another person or attempting to create multiple accounts for or on behalf of a suspended Member.

2.4 You may terminate your Account at any time by contacting QTouring at hello@qtouring.com.au. However, your content may continue to be available online after termination.

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3. Works Listings

3.1 Members can post a Works Listing by following the instructions within their Account portal and submitting their draft listing to QTouring for review (each a Draft Works Listing).

3.2 QTouring’s “Works Listing Guidelines” are available here. QTouring reserves the right to reject any Draft Works Listing which do not meet its Works Listing Guidelines and/or which breach these Terms.

3.3 You acknowledge and agree that QTouring retains complete editorial control over all Website content and reserves its right to modify, suspend or discontinue all or any part of the Website, the Services without notice to you.

3.4 Without limitation to clause 3.3, Members will have the ability to edit a Works Listing after it has been published in the Website by following the instructions within their Account portal. 

3.5 QTouring welcomes your contributions to the Website, including any content uploaded by a Member such as any copy, comments, photographs, video, music, audio, graphics and text, or excerpts of these (Member Content). By being part of the QTouring community and uploading your Member Content to the Website you agree to allow QTouring to use your Member Content in accordance with these Terms.

3.6 By submitting a Draft Works Listing for review you represent and warrant that the Member Content is not:

(a) unlawful;

(b) an infringement of any third-party intellectual property rights or any applicable laws; 

(c) incorrect, misleading, false or fraudulent;

(d) defamatory, disparaging, harmful, threatening, bullying, abusive and/or harassing; 

(e) offensive, vulgar, obscene, abusive, hateful or racially, ethically or otherwise objectionable;

(f) personal information of any third party, including but not limited to addresses, phone numbers, email addresses and credit card numbers;

(g) financial, legal, medical or other professional advice; or

(h) otherwise inappropriate.

3.7 Member Content may be edited or adapted at any time by QTouring in order to:
(a) ensure Member Content is accurate, current, complete, correct and reflects positively on your organisation and QTouring;

(b) ensure Member Content meets any legal or classification requirements or to avoid any breach of law;

(c) use Member Content for promotional purposes; and/or

(d) use Member Content on other QTouring media platforms.

3.8 QTouring reserves the right, at any time and without prior notice, to not publish, to remove or disable access to any of Member Content that QTouring, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.

3.9 You acknowledge that QTouring is under no obligation to exercise any of the rights granted to it by these Terms, and providing downloads and any communication of Member Content to the public by QTouring is at the complete discretion of QTouring.

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4. Content & Intellectual Property

4.1 QTouring is the exclusive legal and beneficial owner of the Website and the Services, including but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trade marks (whether registered or unregistered), logos, trade names, and other intellectual property rights throughout the world. 

4.2 QTouring grants you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access the Website and use the Services only in accordance with these Terms. You may browse or print the Website for general information purposes, but you may not reproduce, distribute, modify, or create derivative works of any portion of the Website without the prior written consent of QTouring.

4.3 In limited circumstances, your Member Account allows you to download resources from the Website. By downloading any such resources, you acknowledge and agree that these Terms continue to apply to your use of those materials. 

4.4 In particular, you may not use any material on the Website or the Services to establish, maintain or deliver, or assist in establishing, maintaining or delivering your own publications, website, network or content.

4.5 You may not share Member Content or other content that you did not create or that you do not have permission to share.

4.6 By submitting your Member Content to QTouring for publication on the Website, you grant QTouring a royalty-free, non-exclusive licence to use Member Content in any way, and in any media worldwide including the right for the QTouring to exhibit your content to the public. This licence includes the non-exclusive right throughout the world to communicate Member Content in whole or in part to the public on any media platform.

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5. Warranty, Indemnity & Liability

5.1 You warrant that: 
(a) you own or have the right to use any copyright material included in Member Content;

(b) you have permission of anyone appearing or performing in Member Content (including seeking the consent of the parent or guardian of any person under the age of 18 who appears in Member Content); and

(c) are not infringing any person’s rights by submitting the content to QTouring.

5.2 You indemnify QTouring against any loss or damage resulting from any breach of these Terms, including any representations or warranties made by you.

5.3 To the fullest extent permitted by law, QTouring and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of the Service and/or access to the Website.

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6. Disclaimers

6.1 To the maximum extent permitted at law:

(a) the Website and its Services are provided "as is", without warranty of any kind, either express or implied, and without limiting the foregoing, QTouring expressly disclaims any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade;

(b) QTouring accepts no liability whatsoever arising from or connected to the accuracy, reliability, currency, relevance, or completeness of any information contained on the Website;

(c) we make no warranty that QTouring will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and we make no warranty as to the accuracy, timeliness, completeness or reliability of any content or Services obtained through the Website; and

(d) no information provided through the Website or by QTouring in oral or written form will create any warranty not expressly made herein. Your reliance upon the content obtained or used by you through QTouring’s Website and/or the Services is solely at your own risk. QTouring does not recommend or endorse any specific property, product, goods or services featured on the Website, whether as a Works Listing or otherwise.

6.2 The Website may from time to time contain links to third-party websites. Any access or use by you of those third-party websites is subject to the terms and conditions and privacy policies applicable to those third-party websites and, to the maximum extent permitted by law, QTouring disclaims any responsibility for any loss caused by any linked external websites.

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7. General

7.1 The laws of Queensland, Australia govern these Terms.

7.2 In the event that any clause or part of a clause of these Terms is held to be unenforceable, that clause or part of a clause will be severed, and the remaining provisions will remain in full force and effect.

7.3 If you have any concerns, queries or complaints about these Terms, please contact us at hello@qtouring.com.au.

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Acknowledgement of Country

We pay our respects to Elders past and present.

QTouring acknowledges the Traditional Custodians of the lands, winds and water ways.

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