In these terms and conditions (“the Terms”), “DAMIEN LEITH”, "we", "our" or "us" means Damien Leith of The Trustee for Leithal Family Trust.
These Terms apply to your use of the site located at https://go.damienleith.com/ (“Site”) and any purchase of goods, services or event tickets made by you through the Site and any content that you download for viewing. By continuing to use the site, creating a log in to access content in the membership area, any content made available on the Site, or by making any purchase through the Site, you agree to be bound by the Terms as they appear on the Site from time to time.
We may revise the Terms from time to time by posting a revised version of the Terms to this Site. The revised Terms will take effect when they are posted.
You must be at least 18 years of age with legal capacity to accept these Terms in order to use and/or make any purchase through the Site.
2. Songwriting 1:1 Sessions
If you make a purchase for 1:1 Songwriters Inner Circle through the Site:
You agree to 50% of songwriting royalties to DAMIEN LEITH as is the case with any songwriting sessions Damien is involved in, each party shares the publishing equally. All sessions are done online and at an agreed time for both parties. Any recordings utilising Damien Leith's voice can not be used for commercial release. All amounts are stated in US dollars or Australian Dollars plus GST (where applicable).
DAMIEN LEITH may cancel any purchase made through the Site if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms or any Service Specific Terms.
Whilst we endeavour to describe our services and their corresponding prices as accurately and as completely as possible on our Site and in any of our marketing material, you should not assume that they are in all respects fixed at those prices. Information set out on our Site in relation to services is based on the average cost to complete the services. There may be circumstances that require additional or different services to be provided than normal to complete your request. DAMIEN LEITH may cancel any purchase made through the Site in such circumstances and agree a varied scope of services and fees with you.
We make all reasonable efforts to display correct and complete prices in relation to tickets to events and goods available for purchase through the Site. Occasionally errors can occur, and in that event, DAMIEN LEITH may cancel any purchase made at those incorrect prices.
You represent and warrant to us that any credit card or payment information you give to us is accurate and complete and that you are duly authorised to make payment to us using that credit card.
Without any limitation to your rights under any laws and subject to any express provision to the contrary set out herein, DAMIEN LEITH does not refund any payments for purchases made through the Site due to a change of mind or change in your circumstances.
3. Digital Course & Products
By purchasing any digital products you will be asked to set up a log in to the Site to access you (“Digital Products”), you accept that these Terms will govern your right to use and access the Digital Products.
You should ensure that you fully understand what you are purchasing before you purchase the Digital Products. If you have any questions about the Digital Products, you should contact us with your questions prior to purchasing the Digital Products.
When you purchase a Digital Product, you agree that:
unless otherwise specified, payment will be in US Dollars and payable at the time of purchase;
you will be granted a non-exclusive, revocable licence to use the Digital Product for the purpose in which it was provided, as set out on the Site;
you are expressly prohibited from:
sub-licensing, assigning or transferring the licence to the Digital Product to any third party;
using the Digital Product for any commercial purpose;
publicly displaying the Digital Product;
copying the Digital Product;
removing any copyright or other proprietary notations from the Digital Product; or
sharing, reselling or distributing the Digital Product to any third party.
We may from time to time amend and update Digital Products as we see fit. We will not provide you with those updates in the event of any such amendment if you have previously purchased a Digital Product.
To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to the goods or services purchased, these Terms or the Service Specific Terms that are not otherwise expressly contained in these Terms or the Service Specific Terms, are excluded. Your use of the Site is at your own risk. You must not rely on any statement published on or linked to the Site without first making your own enquiries to verify the information.
To the extent permitted by law, all information on or linked to on the Site is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quality, freedom from defects or non-infringement.
To the extent permitted by law, DAMIEN LEITH does not accept any responsibility or liability for:
any statement in the material on or linked to the Site; or any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
You agree to indemnify and hold DAMIEN LEITH and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your breach of these Terms or any Service Specific Terms, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
5. Intellectual Property Rights
You acknowledge that the content on the Site is subject to copyright and features common law and/or registered trade marks, owned by, or licensed to, DAMIEN LEITH and other third parties.
DAMIEN LEITH reserves all rights in relation to the DAMIEN LEITH copyright and trade marks. You agree not to use any of the DAMIEN LEITH copyright or trade marks without our prior written consent.
Unless you are expressly authorised by us, or otherwise permitted by law, you must not do any of the following yourself, or permit or authorise any other person to:
sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the content (or any readily identifiable portion of the content) in any way without our prior written consent; or otherwise infringe the intellectual property rights of any person in using the Site or any content.
Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated herein or in any Service Specific Terms. Any recordings or demo recordings wth the use of DAMIEN LEITH'S voice - is not for commercial use. It ay be used for pitching purposes only.
6. Content of the Site
We attempt to keep the content appearing on the Site up to date. However, we do not warrant the accuracy, currency or continuity of the content.
You acknowledge that the content on the Site is subject to change at any time.
If you consider any content that has been posted to the Site is offensive, unsuitable or has in some other way breached these Terms, please email us at email@example.com with a link to the relevant content and your reasons for objecting to it. We will consider your objection and determine whether the content should be removed from the Site at our sole discretion.
7. Your Use of the Site
In accessing and using the Site, you must not post or transmit on any part of the Site which:
breaches any laws or regulations or are contrary to any relevant standard or codes;
interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Sites;
constitutes commercial advertising, the promotion of gambling or the promotion of another website;
infringes anyone else’s copyright or other intellectual property rights;
tampers with, hinders or modifies the Site; or
knowingly transmits any viruses or other disabling features to the Site.
When providing us with information through the Site, you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
We reserve the right to refuse access or discontinue service to any part of the Site to any person or entity without obligation to assign a reason for doing so.
We do not warrant that your access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors, viruses, worms, trojan horses or other harmful components.
9. Security of Information
Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.
These Terms will be governed by the laws of NSW Australia and by continuing to use the site or by making any purchase through the site, you agree to submit to the non-exclusive jurisdiction of the courts of NSW Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms or the Service Specific Terms.