Terms and Conditions

Cinema Direct is a “Marketplace” site for posting and accessing live or post-live entertainment including but not limited to Sport; Performance Arts; Concerts; Special Events. The name and Website is fully owned and administered by Buff Dubs Pty Ltd t/a Silver Trak Digital – ABN: 31 112 643 348.

By accessing and registering interest on this website it is deemed that you are accepting the Terms and Conditions set out hereunder.

Parties covered under these Terms and Conditions:

Supplier: Cinema Direct / Silver Trak Digital
Client: Promoters; Booking Agents; Concert/Event Organisers
User: Exhibitors; Venue Owners/Managers
Parties: Collective Term for all

Terminology:

Any term shown in plural will have the same meaning as the singular

Website: Refers to “Cinema Direct” Website
Show: An Event Offering regardless of genre
Offer Date: Forward Scheduled Date of “Show”
Termination Date: Date after which no further interest or “Show” booking can be made
Sold Out: Booking closure due to fully subscribed event
Cancellation: Refers to a notice to terminate a Show display and marked as “Cancelled” for a period of seven (7) days prior to Website removal
Rights: Legal entitlement to ownership and/or use of Show (including broadcast, ticketing, booking or other exhibition related activity), whether for marketing, recording, copying, exhibiting or other public display of live or produced content.
Contract: Refer to an offer, acceptance and consideration sometimes called and “Agreement”
Marketplace: Refers to a listing of scheduled “Shows” either as “all” “Shows” or as gathered and displayed by genre – “Users” can interact on the “Marketplace” to register an interest in one or more “Shows”
Immediate: Means within 12 hours, seven days a week
Privacy Policy: Refers to the Policy Statement for the use and operation of this Website and how personal information gathered through registration or ongoing use of this Website will be treated and the confidentiality surrounding the use of such “Client” and “User” information. The Privacy Policy for this Website is listed separately and referred to as “Privacy Policy”
Electronic Delivery: Means 4G/5G network data transfer technology provided by Telstra Australia the reliability and use of which is covered exclusively by Telstra specified Terms and Conditions

Site Ownership:

Cinema Direct is a marketing product for the promotion of live and post-live events accessed by Clients and Users and administered by the Supplier. Unless otherwise stated the “Website” content is the intellectual property of Silver Trak Digital and cannot be copied, reproduced or edited without express permission and written authorisation of Silver Trak Digital.

Reservation of Rights:

As the “Website” owner, Silver Trak Digital reserves all rights at any time and at its sole discretion to direct that “Clients” remove all links or a designated link to the “Website” and “Client” agrees to immediately comply with such request. Any affected display content will be, as a consequence immediately marked as “Cancelled” and subsequently removed from display in seven (7) days unless otherwise agree to remove earlier.

Website Links

The “Website” may contain links to other sites and unless otherwise expressly stated such linked sites are not under the control of the “Supplier”.

The “Supplier” neither assumes nor takes any responsibility for the contents of any such linked website and disclaims liability for any damage so arising from their use.

If a linked website be considered offensive or objectionable, you should contact us with your objections and we will consider removing the linked site, but will offer no commitment or obligation to do so nor will we enter into discussions about the continuation or removal of the site.

As the “Supplier” we will endeavour to ensure that information on this “Website” is complete and accurate, but will not commit to or be held liable for the accuracy or completeness of the Website information nor to its material being the most up to date. We will consider any and all representations to inaccuracies and where considered appropriate make necessary amendments to the “Website” to reflect more accurate or complete information.

Client Access and Responsibility

The “Client’s” access and responsibility is defined as follows:

a) Primary interest in “Website” access is for the purpose of listing, modifying, postponing or cancelling “Shows”. Any access to the site for this purpose will only be by way of authorise account access with any and all “Website” placed information being true, accurate and correct at time of placement and all modifications (including postponements and cancellations) to be made in the concept of time is of the essence.

b) Accepts that “Website” will only be of a legal and legitimate nature and no fraudulent of misrepresentation of “Show” information will be made. If any such misuse of the Website is detected content will be immediately removed without notice.

c) All listings must be made with a minimum of 60 days preview prior to date of live event.

d) Accepts all responsibility for “Rights” and warrants that should any dispute arise that has the potential to affect the integrity or continuity of the “Website”; immediate notification to the “Supplier” must be made and such content named in the dispute immediately removed from “Website” display.

e) Has total responsibility and liability for “User” bookings and sales and will hold the “Supplier” harmless and keep them fully indemnified against all proceedings, losses, costs, claims, awards, damages, (including without limitation reasonable attorney fees) and liabilities to the extent arising directly from any breach of the Client’s undertakings, obligations, representations or warranties.

f) Will pay all charged or invoiced amounts for “Show” listing promptly and in accordance with payment terms and accepts that listing(s) can be removed for any default to meet payment terms at the discretion of the “Supplier” and will not be reinstated until all outstanding account have been rectified.

User Access and Responsibility

“Users” access to site is free of charge:

a) Any expression of interest entered into through completion of “Website” engagement form held as confidential and passed solely to the respective “Client” for appropriate action.

b) User understands and accepts that the “Website” acts purely as a conduit between the represented “Client Show” and the “User”. The “Supplier’ neither holds nor accepts any responsibility for the veracity of the information displayed.

c) While “Shows” are listed for exhibition the “User’s” interest is subject to acceptance and negotiation with the “Client”.

d) “User” will hold the “Supplier” harmless against all proceedings, losses, costs, claims, awards, damages, (including without limitation reasonable attorney fees) and liabilities to the extent arising directly from any breach of the Client’s undertakings, obligations, representations or warranties.

Supplier Responsibility

The “Supplier” warrants to ensure that the information provided on the “Website” is accurate to information provided at the time of posting and will be updated within 24 hours of being notified by the “Client” of any modifications or changes to displayed event information.

While every effort will be made to ensure that the “Website” is continually operational and free from error and/or response delay, the “Supplier” does not accept responsibility for network or internet services provided by third parties, nor can it accept any liability for unknown or unexpected corruptions that render the “Website” inoperable including third party service disruptions, government or legal authority directives, malicious attack, or any other actions that externally affect the “Website” response time, network or operation of the internet service.

Liability

The “Supplier” has no liability for any “Show” content or “Dates” appearing on the “Website” nor do we claim to have any knowledge of “Rights” other than to assume that all “Rights” and legal entitlements to uplink and provide for exhibit “Show” content are the full and complete responsibility of the “Client”.

The “Client” agrees to indemnify and defend the “Supplier” harmless against all claims arising out of or based on the information communicated and/or provided for use on the “Website” or the subsequent exhibition of the “Show” and will bare any and all legal or other costs that may be arise in defence of the “Website” marketplace information.

The “User” agrees to not act against the “Supplier” in relation to any representation made as the “Show”, its listed “Dates” or its content. Ownership of “Show” listing and Rights remains solely with the “Client” and any dispute arising out of the “User’s” expression of interest, purchase or exhibition of “Show” content operates only under agreement between the “User” and the “Client”.

Disclaimer

To the maximum extent permitted by law the “Supplier” holds no responsibility and excludes all representations, conditions and warranties relating to the “Website” and the use thereof (including any warranties implied by law in respect to fitness for purpose or acceptable quality). It is accepted that the “Supplier will exercise all reasonable care and skill.

Nothing in this disclaimer will limit or exclude the “Parties” liability for fraud or Fraudulent misrepresentation or any other liabilities that is not permitter under applicable law.

The limitations and exclusions set out herein or elsewhere are subject to the above representations and govern all liabilities arising in relation to the subject matter of this disclaimer including liabilities arising in contract or tort.

The information provided on the Website is provided free of charge and the “Supplier” accepts no liability for any actual or perceived loss or damage of any nature.

Payment Terms

A separate agreement on invoicing and terms will be settled between the “Supplier” and “Client” and will incorporate these Terms and Conditions

Exclusivity

“Client” listing on the Cinema Direct “Website” will not be listed on other live-to-cinema sites whilst listed in the “Marketplace” of the “Website”

Governing Law

These Terms and Condition shall be governed by and under the laws of New South Wales, Australia.