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Note: The following refers and applies to any use of, engagement with or reliance upon, including the registered and non-registered use, of Festevez, the Festevez website and related services
The owner of this website, Festevez and its related services is not compensated to provide any opinions or reviews associated with this website of Festivals, Films (Features) or related events (Festevents).
Festevez and its related services were not developed by any individual Festival(s), distributors, forums or cinema(s), and is intended to provide an overview of Festivals, Features and Festevents happening throughout Australia.
This website and its related services seeks to provide information on Festivals, Features and Festevents happening around Australia. The information displayed is not exhaustive regarding such and is not intended to be comprehensive. Any representation made about a product, service, Festival, Feature, Festevent, cinema or material associated with any of these products, services or entities should be verified with the Festival, organiser or party responsible for the matter in question.
External material displayed on the website is produced here with the intention of conveying recent Festival information. Links to third party websites, material and/or references are provided as a convenience to readers, and should not be taken to imply an endorsement, monitoring, approval of or responsibility for the linked sites nor any content provided thereto. For more information we encourage readers to visit the links provided.
We do not accept any liability for information displayed on any website that is linked to Festevez or related services, nor are we responsible for any inaccuracies, errors or omissions displayed or contained herein. We do not accept any liability, or liability for any loss or damage, suffered by anyone, arising from use of, or reliance upon, directly or indirectly, the information displayed on this website or third-party, Festival, Festevent or externally produced content that is displayed on Festevez or its related services.
By using Festevez and related services, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to your use of Festevez or its related services.
If you want to get in touch regarding the current information displayed on the website or Festivals, Features or Festevents happening around Australia, please email Glen Falkenstein at email@example.com – we’d love to hear from you.
The views or opinions expressed on this website are those of their respective authors. Please see below for further information, relevant disclaimers and terms and conditions regarding User Content.
Your use of this website does not grant you a licence or act as a right for use of any materials, designs or technical designs on the website and related services, whether registered or unregistered. You must not reproduce or use any of the materials, designs or technical designs on the website or related services for commercial purposes, including sale, or in any way modify the material, designs or technical designs on the website or related services.
The material, designs and technical designs on this website and all else associated with Festevez, including the software, design, text, images, logos and graphics comprised in the website and related services, as well as the selection and layout of the website, designs and technical designs are owned or under licence by Glen Falkenstein A.B.N. 88 152 821 089 and protected by Australian and international laws.
Your email address, mail preferences and any other information you provide to the site including your profile information, will not be shared with anyone. Details of any purchases you make will not be shared with anyone, nor will details of your purchase history. None of your information will be accessible by anyone except in the manners described below
Your name and email will however be provided to individual Festivals in relation to which you have RSVP’ed or made a purchase for the purposes of identifying customers that are valid ticket-holders, checking-in customers at events and issuing full or partial refunds or exchanges. Details of purchases, including names and emails provided in relation to purchases made by both registered and non-registered users, will be stored for the purposes described above.
For users that register on Festevez, we also store the personal information users provide in their user profile. All users can see, edit, or delete their personal information at any time. Website administrators can also see and edit this information. Users cannot change their username.
Your name, though not user username or email or any other information, will be visible as part of your profile on Festevez, as will any profile display picture you choose. If you comment on or like a comment on the Festevez Newsfeed (link here) your name and your having commented on or liked the comment, but not your profile information (ie username, email), will be visible to the public and could be distributed on the internet.
Festevez uses your personal information to identify you. You acknowledge that we may collect and process “personal information” (i.e. information that could be used to contact you, such as full name, user name or e-mail address). You also agree that Festevez may use your personal information to contact you. Such information collected may be stored and processed in Australia or any other country in which Festevez or its agents maintain facilities. By using Festevez and related services, you consent to any such transfer of information outside of your country.
Festevez does not maintain details of your password, but can issue you a new one at your request via the ‘Password Reset’ feature on the Festevez login screen. In the event that you request a password directly from the site administrator as opposed to through the ‘Password Reset’ feature, we strongly advise that you set a new password at the earliest opportunity.
Festevez does not sell any of your data, including details of data relating to pages you view or what you search for, to anyone. To protect your data, Festevez anonymises IP addresses and disables UserID tracking on all Google Analytics hits, eCommerce hits, and form tracking hits, as well as disabling the demographics and interests reports for remarketing and advertising tracking on Google Analytics hits.
Details of draft, pending, non-public Festevents or posts (ie articles) submitted to Festevez as well as the editable content of said material will only be accessible by individual users and Festevez. Details of users who have RSVP’ed to or purchased a ticket to a Festevent will only be accessible to Festevez and Festevent managers who Festevez have verified are associated with the Festival related to that Festevent and consequently permitted to edit and submit Festevents associated with that Festival as well as view details of RSVPs or tickets purchased for individual Festevents associated with that Festival.
If you upload images to the Festevez or its related services, you should avoid uploading images with embedded location data included. Visitors to the website and related services can download and extract location data from images.
Festevez may include links to third party websites or content. Third party websites may have different privacy policies, and Festevez is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, Festevez encourages you to check the privacy and related policy of that website, as it may differ substantially from that of these terms and conditions. Festevez makes no representations or warranties nor is Festevez responsible for the privacy or related policies of other websites or entities. If you decide to access any third party links appearing on Festevez, you do so at your own risk.
In the event of a merger, acquisition, sale of substantially all of its assets or change of control of Festevez, personal information collected by Festevez about you will be considered a business asset and will be transferred to the applicable new entity. In the event that Festevez is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users and Members as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
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Festevez does not provide refunds or exchanges for purchased tickets, excepting any refund policy regarding purchases of tickets for individual Festivals or Festevents detailed below.
Festevez will provide a full refund in the case that an event is cancelled. Refunds may not be immediate and may take time to process. Regarding the conduct of ticketed Festevents or Festivals featured on Festevez and any prospective full or partial refund in relation to the conduct of ticketed Festevents or Festivals featured on Festevez or in relation to the extent to which a Festival or Festevent may vary from representations made by any Festival, organiser or party responsible, as per the disclaimer above; any representation made about a product, service, Festival, Feature, Festevent, cinema or material associated with any of these products, services or entities or any purchase related to the above including the conduct of a ticketed Festevent or the extent to which it may vary from representations by the Festival, organiser or party responsible should be verified with the Festival, organiser or party responsible for the product, service or entity. Full or partial refunds for Festivals or Festevents relating to the conduct of any Festival or Festevent or the extent to which any Festival or Festevent differs from representations made by any Festival, organiser or party responsible are the responsibility and at the sole discretion of the Festival, organiser or party responsible for that Festival or Festevent. Users and customers by using Festevez confirm they understand that which is described above is not at the discretion nor responsibility of Festevez.
Festevent Managers are authorised to submit and edit Festevents, ticketing and RSVP settings associated with a particular Festival, as well as view details of purchased tickets and RSVPs for Festevents related to that Festival.
Festevent managers for a particular Festival by using Festevez and related services confirm that they are authorised to make representations and engage in financial transactions on behalf of that Festival, and further that all representations made regarding the particular Festival, related activities and financial actions and matters including the generation of content for or to be featured on Festevez and related services are true, accurate and up to date.
Festevent managers and Festevez will agree to an outlined set of expenses and fees per ticket in addition to any other related fees or expenses. Festevent managers agree and understand that in the event of cancellation of a Festevent(s) or the refunding of ticket(s) that purchase fees delivered to Festevez prior to the completion of a Festevent will be refunded to customers and that the Festival will incur a set of expenses and fees per ticket in addition to any other fees or expenses previously agreed upon between the Festival and Festevez.
Users and Festevent Managers affirm by using Festevez and related services that these terms and conditions apply regardless of whether the user’s account was configured as a Festevent Manager account upon creation of the account or in the case that another type of user account was later upgraded to a Festevent Manager account.
In order to be listed as a Film Festival on Festevez the entity must contain a curated series of filmic content that is exhibited predominantly outside a theatrical release window. A Festival will not be listed on the site if there is any indication, including but not limited to the absence of forthcoming events (and hereby excluding the listing of indicative Festival dates approximately 12 months following the commencement of the most recently concluded Festival flagship program) or events indicative of an imminent Festival program, that no Festival-related events will take place in a specific calendar month within the 12 months following the conclusion of the last Festival flagship program. A dedicated Festival Facebook page is also required.
Note: The following applies to all Festevez users, Festival or event managers, prospective users and any who engage in any form with Festevez and it’s related services, whether they be registered or unregistered users. This includes Festevez Contributors, including but not limited to those who contribute articles, posts, reviews, interviews, news-related, written and/or digital content to Festevez, in addition to those who comment on Festevez, it’s content or related services, upload content to Festevez or related services or otherwise disseminate content to or through Festevez, it’s related services or Festevez users.
By submitting information to Festevez, either by using the site, application or registering for or using the related services, you are accepting the practices described in these terms and conditions.
You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. By using Festevez and its related services you agree that you are eighteen (18) years of age or older. Protecting the privacy of young children is especially important. For that reason, Festevez does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information from persons under 18 years of age. If your access or use of Festevez and related services is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live, or if, for any reason and at any time, you do not agree with these terms and conditions, please discontinue using Festevez and related services immediately.
You may request a change to or update the Registration Data you provide. It is your responsibility to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Users agree not to share their username and password with anyone. Festevez cannot and will not be liable for any loss or damage arising from your failure to comply.
Users agree to provide true, accurate, current and complete information as prompted by registration forms (such information being the “Membership Data”). If a user does not, or Festevez has reasonable grounds to suspect that a user has not, Festevez has the right to suspend or terminate the account and refuse all current or future use of Festevez.
Festevez reserves the right to approve any application for a user account at any time for any reason with any conditions at the sole discretion of Festevez. Festevez reserves the right to terminate any user account at any time for any reason with any conditions at the sole discretion of Festevez.
Festevez does not permit unrelated third parties to perform “reverse searches” whereby they could identify users from email addresses.
Festevez maintains a strict “no-spam” policy. If you register for the site, application or service, you may receive the Festevez newsletter, notices and/or special offers via email.
Personal information you submit to Festevez is password protected for your privacy and security. In the unlikely event that an unauthorised third party compromises our security measures, Festevez will not be responsible for any damages directly or indirectly caused by an unauthorised third party’s ability to view, use or disseminate such information.
Please choose carefully the words, information, content, messages, text, files, images, photos, video, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, exchange, or display on Festevez or through the services provided and any such content that you provide or make available to other Users through the use of Festevez (collectively, “User Content”). Users are responsible for all User Content.
You represent and warrant that you have the full authority to act on your behalf and on behalf of all prior owners of any right, title and interest in and to any user content you post, submit, transfer or link to. You represent and warrant that you will abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter and fully perform your obligations herein. Your membership or access to the site, application or related services may be deleted or blocked without warning if it is found that you have breached any of these terms. Your account is solely for your personal use or that of the Festival or organisation you undertake to truthfully and accurately represent in the manner described above, and you shall not authorise others to use your account.
You represent and warrant that you shall not act in any manner, or post or upload any user content, that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered by you will interfere with your performance of your obligations under this Agreement.
You represent and warrant that your use of Festevez and related services shall follow any applicable laws, rules and regulations of any governmental authority.
You represent and warrant that you will not upload, post, link to, email, transmit, or otherwise make available any material that contains 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 any telecommunications equipment.
Views expressed on Festevez or related services and through third party content are the views of Festevez users, Festival organisers, contributors and other external parties, not the views of Festevez. You acknowledge that any reliance on any opinion, advice, statement, or information available is at your sole risk. Festevez contains views, opinions, statements, and recommendations of third-party individuals and organizations, and Festevez does not represent or endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through Festevez or its related services. Festevez makes no warranty as to the quality, accuracy, completeness, and validity of any materials on Festevez or its related services and does not warrant that the functions contained on Festevez will be uninterrupted or error-free, or that defects will be corrected.
Festevez makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any user content or any form of communications between users. Festevez assumes no liability no responsibility or liability for such content or communications. Any use of or reliance upon user content or communications between users will be at your own risk. Festevez cannot guarantee that users are who they claim to be. Users assume all risks dealing with other users with whom they come into contact through Festevez and its related service and release Festevez from claims, actions, demands, proceedings and damages of every kind and nature, known or unknown, arising out of or related to any dispute between users.
Festevez may provide users and event organisers with a venue and a set of tools to engage in sales of certain goods or products (a “Marketplace”). Festevez does not take title to any such goods or products at any time and shall not be held to transfer legal ownership of items. Festevez does not guarantee the quality, safety or legality of goods or products offered via any Marketplace, the truth or accuracy of Marketplace listings, the ability of users to provide pay for items purchased in any Marketplace, or that a user will complete a transaction.
Festevez may not be used for transactions that (1) show the personal information of third parties in violation of applicable law, (2) are false, deceptive, misleading, deceitful, misinformative, or constitute “bait and switch”; (3) employ misleading email addresses, forged headers or otherwise manipulate identifiers to disguise the origin of content transmitted through the Site; or (4) would violate securities laws, rules or regulations.
Users may not use Festevez or its services for activities including but not limited to that which relates to sales of (1) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (2) drug paraphernalia, (3) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (4) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (5) items that are considered obscene, (6) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the applicable laws of any jurisdiction, (7) certain sexually oriented materials or services, or (8) certain firearms, firearm parts or accessories, ammunition, or weapons.
Users may not use Festevez or its related services or export any portion of Festevez or its related services, including the User Content, in violation of Australian export regulations. Users also represent and warrant that they are not prohibited from receiving Australian origin products, including services or ticketing to events. Users are responsible for adhering to all relevant or applicable local and national laws
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and Festevez assumes no responsibility or liability for this material.
Festevez reserves the right, in its sole discretion, to reject, refuse to post or remove or modify any posting, or to restrict, suspend, or terminate access for any user to all or any part of Festevez and its related services at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Users may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. By uploading content to Festevez and its related services or identifying one or more individuals or organisations including the user(s) in question as the author(s) of said content, users undertake that they have a legal right to do so, that such representations are true and accurate and that any content uploaded or added to Festevez and its related services does not infringe on any intellectual property rights or rights pertaining to the content in question. Festevez has the right but not the obligation to remove or edit User Content, and does not necessarily regularly review User Content. Festevez takes no responsibility and assumes no liability for any User Content.
The following is a partial list of the kind of User Content that is illegal or prohibited on Festevez and related services. Festevez reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, removing the offending User Content from Festevez and related services and terminating the membership of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorised copy of a copyrighted work, including but not limited to sound recordings, written content, images or digital art, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes; or (xii) uses any unfair, misleading or deceptive content intended to draw traffic.
Users agree to abide by the terms and provisions of this Agreement, and to not use Festevez or its related services to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of Festevez, the Festevez website or related services; (ii) interfere with or disrupt Festevez, the Festevez website, related services or servers or networks connected to Festevez, or disobey any requirements, procedures, policies or regulations of networks connected to Festevez and related services; (iii) collect or store personal data about other Users; (iv) harass, abuse, or harm another person, or (v) in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
Without limiting other remedies, Festevez and its affiliates may immediately warn Users of user actions, issue a warning, temporarily suspend, indefinitely suspend or terminate membership and refuse to provide access to Festevez or relates services if: (i) a user breaches this Agreement; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to Festevez, the Festevez website and related services if you breach this Agreement or any other agreement between you and Festevez in any way.
Users are solely responsible for interactions with other Users of Festevez and related services. Festevez reserves the right, but has no obligation, to monitor disputes between Users.
Users acknowledge that Festevez and its related services may establish general practices and limits concerning use of Festevez and its related services, including without limitation the maximum number of days that User Content will be retained by or made available through Festevez and its related services, the maximum disk space that will be allotted on our servers on a user’s behalf, and the maximum number of times (and the maximum duration for which) a user may access Festevez and its related services in each period. Users agree that Festevez has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted. You acknowledge that Festevez reserves the right to cancel accounts that are inactive for an extended period. You further acknowledge that Festevez reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Festevez is not responsible for any User Content, third-party content, syndicated content, applications, services, advertisements, and/or links that may be contained in Festevez or its related services. Festevez may contain links to third party websites or integrate sharing of your User Content through third party social media services that are not owned or controlled by Festevez for the purposes of facilitating access to Festevez and sharing content. Festevez has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or social media services. In addition, Festevez will not and cannot censor or edit the content of any third-party site, service or application. By using Festevez, users expressly relieve Festevez from all liability arising from your use or reliance upon any third-party website, service or application and the sharing of any of your User Content through third party social media services.
Accordingly, we encourage you to be aware when you leave the Festevez site or related services and to read the terms and conditions and privacy policies of each other website, service or application that you visit or social media service that you use. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties (ie Festival[s]) found on or through Festevez, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties or as otherwise described in these terms and conditions. By using Festevez and its related services, users expressly relieve Festevez from all liability arising from the activities or actions described.
Inclusion of any third-party (ie Festival[s]) content including Festival-related content on Festevez does not constitute or indicate Festevez’s endorsement. Festevez has no control over third-party organisations or functions, websites, services or resources, and as such, you acknowledge and agree that Festevez is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third party actions or inaction, third-party content, applications, services, advertising, products, or other materials on or available from such websites, organisations or resources. Festevez shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content or User Content on Festevez or because of the failure of such third-party websites, organisations, products, services, applications or content to function as intended.
Users acknowledge and agree that Festevez shall have no liability associated with or arising from failure to maintain accurate contact or other information, including, but not limited to, failure to receive critical information about Festevez.
The failure of Festevez to exercise or enforce any right or provision of these policies shall not constitute a waiver of such right or provision. If any provision of this Agreement and these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in these provisions and terms and conditions, and the other provisions of this Agreement remain in full force and effect.
Festevez may terminate this Agreement at any time for any reason.
Festevez reserves the right, at its sole discretion, to update, amend and/or change our policies, contained herein, without prior notice and at any time. Updates to our policies will be posted here. You are encouraged to revisit this these policies from time to time in order to review any changes that have been made. Your continued use of Festevez and its related services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
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