1. Acceptance of these terms
By accessing or using this website, you agree to these Terms & Conditions and the Website Disclaimer and acknowledge the Privacy Policy. If you do not agree, do not use the website. If you use the website on behalf of an organisation, you confirm that you have authority to bind it.
2. Permitted use
ZAVAKII grants you a limited, revocable, non-exclusive, non-transferable right to access and view the website for lawful personal, non-commercial purposes. No ownership or other rights are transferred to you.
3. Prohibited conduct
You must not:
- copy, reproduce, distribute, publish, sell, license or commercially exploit website content without prior written permission;
- use the website or content to infringe intellectual-property, privacy, publicity or other rights, including rights in third-party names, logos or trade marks;
- remove or alter copyright, trade mark, attribution or ownership notices;
- impersonate ZAVAKII or any third party, or falsely suggest endorsement, sponsorship, approval, partnership or affiliation;
- introduce malicious code, attempt unauthorised access, test vulnerabilities without permission, disrupt the website or bypass security;
- scrape, harvest, index or use automated systems against the website except ordinary search-engine indexing that respects published controls;
- use the website for unlawful, fraudulent, abusive, defamatory or misleading activity; or
- assist another person to do any of the above.
4. Intellectual property and artist rights
The website and its content - including music, lyrics where displayed, recordings, audiovisual material, artwork, photographs, graphics, logos, the ZAVAKII name and branding, text, software and design - are owned by or licensed to ZAVAKII and protected by copyright, trade mark, passing-off, publicity and other laws and international treaties. All rights not expressly granted are reserved. Requests for permission must be made in writing to the contact address below.
5. Third-party intellectual property
Third-party names, logos, trade marks, service marks, platform and product names, icons and other brand features appearing on or referred to by this website remain the property of their respective owners. They may be used for identification, attribution, descriptive reference, compatibility or linking purposes, or under licence or permission where applicable. Their appearance does not imply sponsorship, endorsement, approval, affiliation or partnership unless expressly stated.
ZAVAKII claims no ownership of third-party intellectual property and grants you no licence to use it. All rights are reserved by the respective owners. These terms do not create permission or a defence where authorisation is legally required.
6. Third-party websites, platforms and transactions
Links, embedded content, widgets, logos and references to third-party music, video, social-media, ticketing, pre-save or other services are provided for convenience and identification. ZAVAKII does not control, monitor or guarantee those services and is not responsible for their content, availability, accuracy, accessibility, security, privacy practices, advertising, products, transactions or conduct.
You use third-party services at your own risk. Your dealings with them - including accounts, purchases, subscriptions, pre-saves, communications and data handling - are between you and the relevant third party and are governed by its terms and policies. To the maximum extent permitted by law, ZAVAKII is not responsible for any resulting loss, damage, malware, data use or dispute.
7. Rights-holder notices
If you believe website material infringes a right that you own or are authorised to represent, email contact@zavakii.com. Include the protected work or mark, the exact page and material concerned, your ownership or authority, your contact details, and the basis of your good-faith claim. ZAVAKII may request supporting information and will review substantiated notices, including whether material should be credited, restricted or removed. This process does not waive any party’s rights or remedies.
8. Release and event information
Music-release dates, live appearances, venues, schedules, availability and promotional offers may change without notice. Unless expressly stated, website content is not an offer or guarantee that a release, event or service will be available in any particular place or at any particular time.
9. Suspension and termination
ZAVAKII may restrict, suspend or terminate access to the website, or remove or modify content, at any time where reasonably necessary to protect the website, ZAVAKII, users or third parties, to comply with law, or to respond to a breach of these terms.
10. Disclaimers
The website is provided “as is” and “as available.” To the maximum extent permitted by applicable law, all implied representations, warranties and conditions are excluded, including as to accuracy, availability, security, merchantability, fitness for purpose and non-infringement. The separate Website Disclaimer forms part of these terms.
11. Limitation of liability
To the maximum extent permitted by applicable law, ZAVAKII and those acting on ZAVAKII’s behalf will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, lost profits, lost data, business interruption, reputational harm or loss arising from use of or inability to use this website or a linked service. Where liability cannot be excluded, it is limited to the minimum extent permitted by law.
12. Indemnity
To the extent permitted by law, you agree to indemnify ZAVAKII and those acting on ZAVAKII’s behalf against claims, liabilities, damages, losses and reasonable costs arising from your unlawful use of the website, your material breach of these terms, or your infringement of another person’s rights. This does not require you to indemnify anyone for liability caused by that person’s own unlawful conduct, negligence or wilful misconduct.
13. Applicable law and mandatory rights
These terms are governed by the laws of Queensland and the Commonwealth of Australia, without regard to conflict-of-laws rules. Courts with jurisdiction where ZAVAKII is based may hear disputes, subject to any mandatory right you have to bring a claim elsewhere. Nothing in these terms excludes or limits rights, guarantees, remedies or liabilities that cannot lawfully be excluded, including under applicable consumer and privacy laws. These terms are intended to operate worldwide to the fullest extent permitted in each jurisdiction.
14. Severability and waiver
If any provision is held invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions will continue. A failure or delay in enforcing a provision is not a waiver.
15. Changes
These terms may be updated to reflect changes to the website, business practices or law. The current version and effective date will appear on this page. Continued use after an update constitutes acceptance to the extent permitted by law.
16. Contact
Questions, permission requests or legal notices may be sent to contact@zavakii.com.