Terms & Conditions
Date of Last Revision: April 30th, 2019
Read below for all the in depth details. But a couple of quick things to note.
- Must be over 16 years old to apply
- For all plans if you wish to cancel, simply email [email protected] before the 28th of each month (Australian Time) with the subject line “Cancel Membership”. That way we have time to cancel your membership before you will be charged. If you do not let us know before that date we cannot refund you once money has been charged.
- If you pick the 3 month or 6 month options, you can cancel at any time but you are locked in for that designated period. And if you do not cancel it will auto renew monthly until you wish to cancel.
- You agree to have fun, enjoy and give this membership a solid go.
Welcome to StageMilk Drama Club!
1.1 Introduction: ARH Media Pty Ltd, StageMilk Drama Club (“StageMilk,” “we,” “us,” “our”) provides its services (described below) to you through its website located at stagemilk.com/members (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site), subject to the following Terms of Service (the “Terms of Service”).
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
2. Access and Use of the Service
2.1 Use Description: The StageMilk Drama Club service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Drama Club Membership purchase we grant you a limited, non-exclusive, non-transferable, license to access the Drama Club content and view your content through the service on a viewing-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. StageMilk may revoke your membership at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.2 Your Registration Obligations: You may be required to register with StageMilk in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If you are under 16 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
2.3 Member Account, Password and Security: You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify StageMilk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. StageMilk will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service: StageMilk reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that StageMilk will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.5 Cancellations: Should you become dissatisfied with the Service at any time, email [email protected], and StageMilk will subsequently cancel your account, stopping any future payments. This does not mean you will be refunded if a payment has already been deducted. All cancellations will stop any future payments. The 28th of each month at midnight (Australian Eastern Standard Time) is the cut off for cancellations of that particular month. You will still be given access to the month you have paid for, but no further payments will be deducted. For example if you were to cancel on the 3rd of January you would have access until January 31, after which point you would be locked out of the membership. After that date no future payments will be deducted from you.
StageMilk wishes to reiterate this in an on-going membership platform. We clearly state this on the sales page, when finalising payment and within the portal. We have taken appropriate measures to make this clear to all students and cannot refund payments for this reason.
This is an ongoing membership service, billed monthly. Deductions will continue to be taken from your account unless you notify StageMilk that you wish to cancel or suspend your membership, before the next billing date.
- Conditions of Use
3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. StageMilk reserves the right to investigate and take appropriate legal action against anyone who, in StageMilk’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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 telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of StageMilk, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose StageMilk or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Membership Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to provide StageMilk information regarding your credit card or other payment instrument. You represent and warrant to StageMilk that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay StageMilk the amount that is specified upon checkout in accordance with the terms of such plan and this Terms of Service.
You authorize StageMilk to maintain your account information and charge that account automatically on a monthly basis with no further action required by you. In the event that StageMilk is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, StageMilk, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information via contacting you, or to continue charging your account as authorized by you.
If you dispute any charges you must let StageMilk know within sixty (60) days after the date that StageMilk charges you.
We reserve the right to change StageMilk Drama Club Membership prices from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
3.3 Payments: Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Refunds or credits are not available for accounts which have violated the terms of service; violations are determined at StageMilk’s sole discretion. If StageMilk determines that you are abusing our service or other members, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund or credit. To cancel your account, email [email protected] at any time, but do so before the 28th of each month to avoid being charged for the following month.
3.5 Commercial Use: Unless otherwise expressly authorized herein or by StageMilk in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- Intellectual Property Rights
4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by StageMilk, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by StageMilk from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of StageMilk, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by StageMilk.
The StageMilk name and logos are trademarks and service marks of StageMilk (collectively the “StageMilk Trademarks”). Other StageMilk, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to StageMilk. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of StageMilk Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of StageMilk Trademarks will inure to our exclusive benefit.
4.2 User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service (your monthly project submissions) or share with other users or recipients or in the private Facebook group (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant StageMilk and it’s affiliate companies to download, view and comment on.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to StageMilk, its affiliated companies or partners are non-confidential and StageMilk, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
StageMilk agrees to notify you via email if we wish to use your Submissions or User Content for commercial purposes.
You acknowledge and agree that StageMilk may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of StageMilk, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.4 Copyright Complaints: StageMilk respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify StageMilk of your infringement claim in accordance with the procedure set forth below.
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. StageMilk has no control over such sites and resources and StageMilk is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that StageMilk will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that StageMilk is not liable for any loss or claim that you may have against any such third party.
- Social Networking Services (Private Members Facebook Group)
You may admit yourself to our private Facebook group, for which only paying members will be granted access to. Here you may share content, ask questions, interact with other members and receive updates about the Service. You agree to
StageMilk is not responsible for any damages occurred between you and another member via this private group.
You are solely responsible for all video, images, information, data, text, music, sound, photographs, graphics, messages or other materials (“content”) that you upload via the Facebook Group. StageMilk reserves the right to investigate and take appropriate legal action against anyone who, in StageMilk’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. We trust our Members to behave in an appropriate manner – defamation, incessant swearing, spam, attempts to degrade or harm others will not be tolerated and you will be removed from the group immediately and blocked from rejoining. We also reserve the right to terminate your subscription. This Private group is designed to foster a passionate, hardworking and generous community of actors. We promise to do our best to cultivate such a community, but are ultimately not responsible for misdemeanours made by other members.
As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, which will remain private. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and StageMilk shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, StageMilk is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, StageMilk is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. StageMilk hosts this online community and these features merely as a convenience and the use of such features does not imply an endorsement or recommendation.
- Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold StageMilk and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, STAGEMILK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
STAGEMILK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STAGEMILK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STAGEMILK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL STAGEMILK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STAGEMILK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100 AUD).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
- Binding Arbitration; Class Action Waiver
You and StageMilk agree that these Terms of Service affect interstate commerce and that the AUS International Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at StageMilk, P.O. Box 2141 Noosaville dc. QLD 4566, or at [email protected], and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree that StageMilk, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if StageMilk believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. StageMilk may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that StageMilk may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that StageMilk will not be liable to you or any third party for any termination of your access to the Service.
- Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and StageMilk will have no liability or responsibility with respect thereto. StageMilk reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and StageMilk and govern your use of the Service, superseding any prior agreements between you and StageMilk with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall StageMilk be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.