Terms and Conditions

Posse Terms of Service

Your relationship with Posse

Your use of Posse's products, software, services and web sites (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Posse. "Posse" means Posse Holdings Limited ABN 131 776 531 of 13 to 19 Nichols Street Surry Hills NSW 2007, Australia. This document explains the terms of that agreement.
Unless otherwise agreed in writing with Posse, your agreement with Posse will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Standard Terms".
Your agreement with Posse will also include the terms of any additions terms applicable to the Services, in addition to the Standard Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Standard Terms and the Additional Terms, form a legally binding agreement between you and Posse in relation to your use of the Services. This legal agreement is referred to below as the "Terms".
If there is any contradiction between what the Additional Terms say and the Standard Terms in relation to a Service, then the Additional Terms shall take precedence in relation to the Service.
In the Terms, you are referred to as a "user". Sometimes the Terms, and the Posse website, also refer to "members". Members are users who have registered with Posse. Members may also be Posse Agents or Posse Sellers and these terms are defined below.
By accepting these Terms You become an independent contractor of Posse and use of the names user, member, agent or seller in these Terms and in conjunction with the Services does not create or imply any legal or other relationship with Posse which is not specified in these Terms or otherwise agreed by you in writing with Posse.
The Annexure contains Additional Terms in relation to Members and Promoters and is attached to and forms part of the Standard Terms.

Accepting the Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:

clicking to accept the Terms, where this option is made available to you by Posse in the user interface for any Service; or
by actually using the Services. In this case, you understand and agree that Posse will treat your use of the Services as acceptance of the Terms from that point onwards.

You may not use the Services and may not accept the Terms if:

you are under 18 and have not reviewed the Terms with your parent or guardian, and have not taken the steps in section 2.4 , or
Posse has suspended or terminated your use of the Services, or
you are a person barred from receiving the Services under the laws of any countries including the country in which you are resident or from which you use the Services.

The Services are designed for people who are at least 18. If you are under 18, you must review the Terms with your parents or guardian so you can know what you can and cannot do when using the Services. If you are not 18, have your parents or guardian review the Terms and, if you want to become a member, help you register. By using the Services, you represent that your parents or guardian have joined in this agreement. Parents: If you have not joined in your child's agreement to the Terms, please contact Posse at admin@Posse.com. Parents are advised to supervise their children's on-line activities.
If you are a business entity, you represent that any employee, officer, representative or agent that uses the Posse services is duly authorized to act on behalf of your business.
Before you continue, you should print off or save a copy of the Standard Terms for your records.

Language of the Terms

Where Posse has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Posse.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Provision of the Services by Posse

In order to provide the best possible experience for its users, Posse is regularly updating its Services. You acknowledge and agree that the form and nature of the Services which Posse provides may change from time to time without prior notice to you.
As part of this regular updating, you acknowledge and agree that Posse may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Posse's sole discretion, without prior notice to you. You may stop using the Services at any time, subject to the provisions of Section 14 below and specifically paragraph 14.5 (i.e., certain obligations to Posse and any indemnities procured by Posse shall continue indefinitely). You do not need to specifically inform Posse when you stop using the Services.
You acknowledge and agree that if Posse disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Posse may not currently have set a fixed upper limit on the extent to which you use the Services including the number of Posse Ads you use, transmissions you may send or receive through the Services or the Posse site or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Posse at any time, at Posse's discretion.

Use of the Services by you

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Posse will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Posse, unless you have been specifically allowed to do so in a separate agreement with Posse. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Posse, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Posse has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Posse may suffer) of any such breach.
You are solely responsible for your interactions with other users of the Service including Members and Promoters. Posse reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.

Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Posse for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Posse immediately at admin@Posse.com.

Privacy and your personal information

For information about Posse's data protection practices, please read Posse's privacy policy at http://www.Posse.com/privacy. This policy explains how Posse treats your personal information, and protects your privacy, when you use the Services.
You agree to the use of your data in accordance with Posse's privacy policies.

Content in the Services

You understand that all material and information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such material and information including all such material that you, other Users, Members, or Promoters provide or upload to the Posse Site is referred to below as the "Content".
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Posse (or by other persons or companies on their behalf). You may not modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Posse or by the owners of that Content, in this or a separate agreement.
Posse reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Posse may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. If you have registered as a member, you may report this Content or other prohibited or illegal content or activities on the Posse website by emailing an incident report to admin@posse.com. Non-member users may contact Posse by email admin@posse.com
You agree that you are solely responsible for (and that Posse has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Posse may suffer) by doing so. This clause applies to your actions in relation to any Content on the Posse website or in any other place in any other media.
Posse may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Posse breaches this Agreement or which may be offensive, illegal or breach the rights of any person or entity, or harm or threaten the safety of any person or entity. Posse assumes no responsibility for monitoring the Posse Services for inappropriate Content or conduct. If at any time Posse chooses, in its sole discretion, to monitor the Posse Services, Posse nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
You are solely responsible for ensuring that all Content that you post on or through any of the Posse Services, and any material or information that you transmit to other users or use on any other site, conforms to all applicable intellectual property and data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Posse.

Content/Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on or through the Services. Posse reserves the right to investigate and take appropriate legal action against anyone who, in Posse's sole discretion, breaches this provision, including without limitation, removing the offending Content from the Services and terminating access to the Services of such violators. "Prohibited Content"includes, but is not limited to Content that, in the sole discretion of Posse:

constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without prior written consent from Posse such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content;
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.

The following are examples of the kind of activity that is illegal or prohibited on the Posse website and through your use of the Services. Posse reserves the right to investigate and take appropriate legal action against anyone who, in Posse's sole discretion, breaches this provision, including without limitation, reporting you to law enforcement authorities. "Prohibited Activity" includes, but is not limited to:

circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on any Posse page or in relation to any Services used in any place in any media via HTML/CSS or any other means;
any automated use of the system, including but not limited to, using scripts to send comments or messages;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on any Posse page or in relation to any Services used in any place in any media via HTML/CSS or any other means;
any automated use of the system, including but not limited to, using scripts to send comments or messages;
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
impersonating or attempting to impersonate another user, person or entity;
for band, comedy, filmmaker and other profiles containing a player, copying the code for your player and embedding it (or directing others to embed it) anywhere other than your band profile on Posse;
using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on or associated with the Content in any place, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; or
using the Services in a manner inconsistent with any and all applicable laws and regulations.
criminal or tortuous activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, infringement of intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
other than when Displaying Ads as a Member, advertising to, or solicitation of, any user to buy or sell any products or services through the unauthorized or impermissible use of the Services. You may not transmit any chain letters or junk email to other users. In order to protect users of the Services from such advertising or solicitation, Posse reserves the right to restrict the number of emails which a user may send to other user in any 24-hour period to a number which Posse deems appropriate in its sole discretion or to limit or amend individual or aggregate transactions whether that limit is on the monetary amount or the number of such transactions in a specified period;

If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Posse, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Posse US$50 for each such unsolicited email or other unauthorized commercial communication you send through the Services;

Proprietary Rights

You acknowledge and agree that Posse (or Posse's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Posse and that you shall not disclose such information without Posse's prior written consent.
Unless you have agreed otherwise in writing with Posse, nothing in the Terms gives you a right to use any of Posse's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features unless they are incorporated in the Content and used without modification or adaptation as part of that Content.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Posse, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Posse's brand feature use guidelines as updated from time to time.
Other than the limited license set forth in Section 11, Posse acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Posse, you agree that you are responsible for protecting and enforcing those rights and that Posse has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Posse, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
If you acquire any of Posse's Confidential Information without Posse's prior written consent you agree not to use or disclose it for any purpose. "Posse's Confidential Information":

includes without limitation, all Posse's software, technology, programming, specifications, materials, guidelines and documentation relating to the Posse Services; commercial information including commission rates and other statistics relating to any Ad and any other information that Posse informed you is confidential.
does not include information that is in the public domain through no breach by you; was independently gained or developed without access to Posse's Confidential Information; you rightfully received from a third party; or that must be disclosed by law.

License from Posse

Posse gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Posse as part of the Services as provided to you by Posse (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Posse, in the manner permitted by the Terms.
Posse gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Posse as part of the Services as provided to you by Posse (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Posse, in the manner permitted by the Terms.
Unless Posse has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

Content License from you

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Posse a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Posse to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this license includes a right for Posse to make such Content available to other companies, organizations or individuals with whom Posse has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Posse, in performing the required technical steps to provide the Services to our users, may:

transmit or distribute your Content over various public networks and in various media; and
make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Posse to take these actions.

You confirm and warrant to Posse that you have all the rights, power and authority necessary to grant the above license and any moral rights consents.

Software updates

The Software which you use may automatically download and install updates from time to time from Posse. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Posse to deliver these to you) as part of your use of the Services.

Ending your relationship with Posse

The Terms will continue to apply until terminated by either you or Posse as set out below.
If you want to terminate your legal agreement with Posse, you may do so by:

closing your accounts for all of the Services which you use, where Posse has made this option available to you..

Posse may at any time, terminate its legal agreement with you if:

you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Posse is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
the partner with whom Posse offered the Services to you has terminated its relationship with Posse or ceased to offer the Services to you; or
Posse is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
the provision of the Services to you by Posse is, in Posse's opinion, no longer commercially viable.

Nothing in this Section shall affect Posse's rights regarding provision of Services under Section 4 of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Posse have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of 2.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

Exclusion of Warranties

Nothing in these terms, including sections 15 and 16, shall exclude or limit Posse's warranties or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
IN PARTICULAR, POSSE, AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSSE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SUBJECT TO SECTION 15.1, POSSE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

SUBJECT TO SECTION 15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSSE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
ANY CHANGES WHICH POSSE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE POSSE WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON POSSE'S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT POSSE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES ARISING.

Copyright and trademark policies

It is Posse's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in Australia the Copyright Act (Cth) 1968 and in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
Posse respects the intellectual property of others, and requires that its users do the same. In using the Services you may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Posse has the right to terminate your agreement under section 14.3.
If you believe your work has been copied and posted on or through or using the Services in a way that constitutes copyright infringement, please send Posse's Copyright Agent a notification of claimed infringement with all of the following information:

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement);
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical or electronic signature.

Posse's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Posse, 13 to 19 Nichols Street Surry Hills NSW 2007, Australia, Attn: Copyright Agent. Posse's Copyright Agent for notification of claimed infringement can also be reached electronically at admin@posse.com

Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Posse on the Services are subject to change without specific notice to you.
In consideration for Posse granting you access to and use of the Services, you agree that Posse may place such advertising on the Services.

Other content

The Services may include hyperlinks to other web sites or content or resources. Posse may have no control over any web sites or resources which are provided by companies, organizations or persons other than Posse.
You acknowledge and agree that Posse is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Posse is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Changes to the Terms

Posse may make changes to the Standard Terms or Additional Terms from time to time. When these changes are made, Posse will make a new copy of the Standard Terms available at http://www.posse.com and any new Additional Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Standard Terms or Additional Terms have changed, Posse will treat your use as acceptance of the updated Standard Terms or Additional Terms.

Taxes

You are responsible for the reporting and payment of all applicable taxes that relate to your use of the Services and you must comply with all applicable tax laws.

General legal terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or organization or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or organization or person concerned. If so, the Terms do not affect your legal relationship with these other companies, organizations or individuals.
The Terms constitute the whole legal agreement between you and Posse and govern your use of the Services (but excluding any services which Posse may provide to you under a separate written agreement), and completely replace any prior agreements between you and Posse in relation to the Services.
Posse has the right to assign this Agreement in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of Posse.
You agree that Posse may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Posse does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Posse has the benefit of under any applicable law), this will not be taken to be a formal waiver of Posse's rights and that those rights or remedies will still be available to Posse.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You agree that you are not a partner or agent of Posse. You and Posse are independent contractors
No other person, organization or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Posse under the Terms, shall be governed by the laws of California as they apply to agreements entered into and to be performed entirely within California between California residents without regard to its conflict of laws provisions. You and Posse agree that any claim or dispute must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes. Notwithstanding this, you agree that Posse shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are specifically excluded from this Agreement.
If you have a dispute with one or more users, members, Promoters or other third parties, you forever release Posse (and our officers, directors, agents, subsidiaries, partners, and employees) from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
YOU WILL INDEMNIFY AND HOLD US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, PARTNER, AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Annexure
Additional Terms

Members

A user may become a Posse Member by registering on the Posse website.
You may select an Ad from the Ad inventory on the Posse website and display the Ad on the Posse website, your website, any third party website or other place on the Internet (Display) where that member is authorized to upload or display Content. Ads or Ad Inventory are Content including advertising material for events such as concerts hosted on the Posse website
If you display an Ad or otherwise act as a Member, your acts will be governed by these Terms and unless you have received specific written consent from Posse in a letter or by email:
your registration may be cancelled if Posse, at its sole and absolute discretion, determines that multiple accounts are held by the same individual or entity;
you must comply with any specifications of Posse in relation to the display, tracking, and data reporting of Ads;
you must not modify or attempt to modify any Ad or Posse Software.
When you Display an Ad you are acting as an agent for the Promoter. You will be entitled to earn commission at specified rate on a sale of a good or service that directly results from a buyer clicking through the Ad that you have Displayed and making payment in full.
Unless otherwise stated on an event detail page for any live concert on the Posse website, the commission rates for any Ad Inventory will be the rate stated for the particular Ad and accepted by you when you agreed to Display the Ad (Commission). A Commission will only be payable by a Promoter on any sales made after a buyer has clicked through an Ad Displayed by you and when the buyer has paid the full purchase price and the sale is successfully completed, it being understood further that as to any sales of tickets for live events for certain promoters by way of the Posse website, you shall only receive a commission for those shows that actually take place and are not cancelled.
The Commission for an individual product or for any or all products may be varied at any time by notice posted on the Posse website. Any Commission earned prior to that notice being posted will be paid at the rate applicable at the time the buyer purchases good or service.
Some Ads may include Content from a charitable organization, community message or other Content for which you will not receive any Commission.
You must inform yourself of the Commissions offered by each Promoter and decide whether to Display an Ad. If you decide to Display an Ad for a Promoter, then except to the extent otherwise expressly set forth in event detail pages or with respect to a particular Promoter, you elect to do so as an agent of the Promoter and a contractual relationship between you and the Promoter will exist. In such event Posse is not a party to that relationship between you and such Promoter and Posse's role is limited to the provision of facilities that enable you and the Promoter to communicate and to use the Content. When you elect to act as an agent for Promoters on the Posse website with whom Posse has a relationship, the terms applicable to that relationship (including the Commission rate) to the extent they vary from these Standard Terms, will be disclosed to you on the Posse website.
Posse will also earn a commission from the Promoter from each sale made from an Ad you Display. The Promoter will pay that commission to Posse under a separate legal relationship between Posse and the Promoter as consideration for Posse providing the Services to the Promoter.
You must not, without the Promoter's and Posse's prior written consent:

resell or offer for resale (including via on-line auction websites) any good or service on conditions other than those specified by the Promoter including at a price that includes a premium;
use any good or service including tickets for any commercial purpose to advertise, promote (whether as part of a trade promotion or competition) for advertising, promotion or purposes intended to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer.

Your relationship with the Seller, Commissions and any good or service offered by the Seller may be cancelled without refund and admission may be refused if the ticket is sold or used in a manner that breaches these terms.
You must not directly communicate with any Promoter in relation to any Content. All communication in relation to products should be directed to Posse.

Payments

Posse makes payments of Commissions on a bi-weekly basis, except where indicated to the contrary in connection with certain Promoters. You will be paid in the next payment run after your total unpaid Commission balance exceeds $5 prior to the cut-off time for the relevant payment run. You may view your current account Commission balance at http://www.posse.com/user/payment .
If you terminate this Agreement, Posse will pay your Commission balance within approximately ninety days after the end of the calendar month in which Posse receives your written termination notice.
Despite anything to the contrary in this Agreement, Posse will not be required to make a payment if your earned balance is less than $5 or you have acted in a manner that breaches these Terms.
Any amount payable to you may be set off against any amount you owe Posse.
Posse reserves the right to deduct, from amounts due to you, any applicable taxes and any bank fees incurred as a result of returned or cancelled checks because your contact or payment information was inaccurate or incomplete.
Posse may change its Commission and payment policies, terms and structures at any time and may decline to process any transaction without prior notice to the relevant Member on reasonable grounds.
You must provide us with the details of a valid bank account to enable us to pay commissions to you. You must ensure the address and other contact information you have provided to Posse is accurate, complete and up to date
You must notify Posse of any dispute concerning a payment within 30 days of that payment being made. If you do not notify Posse within that period you may be deemed to have waived your claim related to that disputed payment and the payment will be calculated based on the information contained in Posse's records. No other measurements or statistics will be accepted by Posse nor will they have any effect under this Agreement.
Limited protection (or chargeback protection) may be obtained by the use of credit card or PayPal payment processes. You should inform yourself of the merits and applicability of such options and decide which means of completing the transaction best suits you.
Any Commission will be paid in accordance with your payment instructions and Posse will not charge you for processing that payment.
Your financial institution may charge a fee for their services. It is your responsibility to know and understand any such service costs and terms. You may alter your payment instructions at any time.
If you have a service dispute with a third party service provider you must address the matter directly with that institution. Posse will not be a party to such service disputes.
While Posse may calculate and distribute a Commission to you. Posse is not a bank or a financial institution. The funds held by Posse or its service providers are not deposit obligations and such funds are not insured by any governmental agency.

Unpaid Commissions

Posse may from time to time hold funds, payments and other amounts due to you. Your account will be considered inactive if you have not logged in for a period longer than two years or Posse has not been successful in its attempts to pay you or to receive alternate payment instructions by contacting you at the contact address you have provided to Posse ("Unserviceable ").
If Posse is holding a Commission payable to you because Posse has not been able to pay the Commission to you over an extended period, those funds may be declared unclaimed property and Posse may be required by law to take certain action such as reporting the funds as unclaimed money.
All payments and other amounts related to such an Unserviceable Account will be declared undeliverable and Posse may, without further notice to you, contribute all undeliverable amounts to a charitable organization selected by Posse.
Posse may deduct any reasonable holding fee or administrative charge that is permissible by law in relation to such funds and the costs incurred in holding the funds as well as trying to locate and inform you.

Promoters

The Promoter is responsible for the sale and delivery of any goods or services advertised in an Ad on the Posse website and for payment to Posse of the Commissions in relation to any such sales. This may include tickets sold for a particular event, show or performance.
The conditions of sale will apply between a buyer and a Promoter and be specified by a Promoter on its website (including sale and refund or exchange of any goods or services, any resale or subsequent assignment, conditions of attendance at an event.).
You may access the Promoter's conditions of sale by clicking through an Ad Displayed on the Posse website or other. Each Promoter's conditions of sale may vary and you must check them before accepting them.
For example, in the conditions of sale for an event, show or performance a Promoter may reserve the right to:

add, withdraw, reschedule or substitute artists and/or vary any advertised programs, prices, venues, seating arrangements and audience capacity;
charge a fee for the replacement of tickets;
not replace tickets where seating is not allocated (general admission tickets);
specify conditions or prohibit a refund or exchange on any tickets;
prohibit broadcast and recording rights at a venue and prohibit cameras, audio and video recorders in the venue;
restrict admission subject to the Promoter's and the venue's terms of admission;
delay admission if the ticket holder arrives late and the ticket holder may not be admitted until there is a suitable break in the performance; and
refuse admission if tickets were not purchased from Posse or another authorized point of sale or if the ticket is damaged or defaced.

Except as required by law and as otherwise specified by the Seller in the conditions of sale, there will be no refund or exchange on any sale. If a refund is made, Posse may, to the extent permitted by law, retain any Commission Posse has charged.

Terms of Service Version 1.2 Dated 18 November 2009

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