Our Terms of Use

These terms of use are effective from 4th November 2015. To access our privacy policy, please click here.


Please read these terms of use carefully before using the Application and/or the Site.


The Sircus Mobile Application (the “Application”) and the Sircus website located at www.sircusapp.com (the “Site”) are owned, controlled and operated by ZINC NOW PTY LTD (“we”, “our”, “Zinc Now” or “us”).


The terms and conditions set out below (the “Terms of Use”) apply to your (“you, “your” or “User”) use of the Application and/or the Site (jointly and severally the “Services”). The Services are available for you to use conditional on your acceptance of the Terms of Use. Provided you comply with the Terms of Use, Zinc Now grants you a personal, non-exclusive, non-transferable, conditional and revocable licence to access and use the Services on any device that you own and control. This licence agreement is conducted solely between you and us.


By accessing or using the Services, you agree to be legally bound by these Terms of Use. Zinc Now reserves the right to amend these Terms of Use at any time. Notice of any amendments will be displayed on the Site. Your continued use of the Services following such alterations to the Terms shall constitute acceptance by you of those alterations. You should familiarise yourself with the Terms of Use and check for updates regularly. If you do not agree to the Terms of Use, you should stop accessing or using the Services.


A. DEFINITIONS


“Event Albums” shall mean an album a User creates via Application, for the purpose of sharing photographs taken at particular events, with other Users of the Services.“Users” shall mean persons who have set up a User Account via the Application.


B. TERMS AND CONDITIONS


1. Application of Terms of Use


1.1 These Terms of Use shall apply to your use of the Services, including any information, features or content embodied within or delivered by the Services (“Content”).


2. Description of Services


2.1 The Application is designed as a public photo-sharing platform, whereby Users can connect and share photographs taken at particular events.


2.2 Subject always to the Terms of Use, the Application shall provide Users with a platform to:


a. Take photographs within the Application;

b. Generate Events Albums within the Application;

c. Contribute photographs to certain Event Albums based on similar geographic and time stamp data;

d. View photographs in certain Event Albums;

e. ‘Like’ or ‘Star’ photographs and Event Albums;

f. Invite new Users to the Services.


2.3 The Site is available to Users to provide limited access to certain Event Albums, information about our Application, news, promotions, updates to our Services, our contact details and a contact form.


2.4 Zinc Now reserves the right to alter, update, modify, refuse or terminate access to any functionality of one or all of the Services at any time, without prior notice to you.


2.5 YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS A INTENDED TO BE A PUBLIC PHOTO SHARING PLATFORM AND THAT ACCORDINGLY PERSONS WHO YOU DO NOT KNOW MAY HAVE THE OPPORTUNITY TO VIEW PHOTOGRAPHS YOU UPLOAD VIA THE APPLICATION. IF YOU WISH TO KEEP PHOTOGRAPHS PRIVATE OR RETAIN CONTROL OVER WHO VIEWS YOUR PHOTOGRAPHS, YOU SHOULD CEASE USING THE APPLICATION TO SHARE YOUR PHOTOGRAPHS.


3. Eligibility


3.1 You must be at least thirteen (13) years old to use and access the Services and Content.


3.2 In order for us to provide certain features of the Services, you acknowledge and agree that you will be required to provide us with access to certain functions of your device such as GPS ‘location services’, camera roll and the camera.


4. User Account


4.1 To access or use the Application, you must register a User account (“User Account”).


4.2 To register a User Account, you will be required to provide Zinc Now with the following information:


a. Facebook account information; or

b. User name;

c. valid email address; and

d. Country of location;


4.3 By registering a User Account via the Application, you warrant you are eligible to use and access the Services within the requirements in paragraph 3.1 and consent to us accessing certain functions of your device as set out in clause 3.2.


4.4 You agree not to transfer your User Account to any other person, or allow access to your User Account by another person unless expressly authorised by you. You are solely responsible for the conduct undertaken via your User Account by others.


4.5 Zinc Now reserves the right to force forfeiture of any username, for any reason.


5. Privacy


5.1 Your use of the Services will involve the submission of Personal Information (as defined in our Privacy Policy) (the “Privacy Policy”) including without limitation when you register a User Account or otherwise communicate with Zinc Now via the Services.


 5.2 You agree that Zinc Now will keep and maintain records of your Personal Information in accordance with the Privacy Policy.


6. Use Of Services


6.1 Your access to, and use of the Services is subject to conditions as set out in clause 6 and further in these Terms of Use. Violation of any of the below conditions may result in Zinc Now terminating your User Account, referring the matter to the relevant authorities and/or Zinc Now taking other appropriate action in its sole discretion. The list at paragraph 6.2 is non-exhaustive.


6.2 You agree that by using the Services, you shall not:


a. Use the Services for any purpose that is illegal, unlawful or prohibited by these Terms of Use;

b. Submit any User Content that is violent, obscene, discriminatory, defamatory, infringing, hateful, objectionable, pornographic or otherwise unlawful;

c. Interfere or attempt to interfere with, obtain or attempt to obtain unauthorised access to the Site, the Application, its application framework (API), the Content or any User information through hacking, use of automated devices, scripts or bots, or other illegitimate means; and

d. Interfere or attempt to interfere with the proper working of the Site or the Application, or with any other person’s use of the Services, including by transmission of viruses, malware or any code of a disruptive or destructive nature.


6.3 You are to comply with all laws and regulations applicable to the use of the Services.


6.4 You are solely responsible for your conduct in the course of using the Services, including any interaction with other Users or Zinc Now. Zinc Now are not required to become involved in any complaint or dispute arising between Users of the Services, but maintain the right to terminate any User’s access to the Services at their sole discretion.


6.5 Zinc Now reserves the right to investigate and prosecute any violations of these Terms of Use to the full extent of the law, and may involve and cooperate with relevant authorities in order to do so.


7. User-Generated Content


7.1 You are solely responsible for any data, photographs, text, audio, video, usernames, event names, profile information, links or any other such content or material you submit or display publicly via the Services (“User Content”).


7.2 You warrant that your User Content is not defamatory, malicious, offensive, confidential, infringing or of a violent or pornographic nature. You warrant that your User Content does not infringe legislation or regulations of any applicable jurisdiction. You agree that any legal consequences arising from a claim or action for infringement of any such legislation or regulation are your sole responsibility and you are wholly liable. Zinc Now takes no responsibility for User Content submitted via its Services, but maintain the right to remove, block, edit or monitor User Content at their sole discretion. Zinc Now does not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Services.


7.3 By uploading User Content via the Services, you warrant that you wholly own and control all applicable intellectual property rights in the content, or have the authority to submit or display that content.


 7.4 You shall retain ownership over User Content, however you hereby grant us a perpetual, irrevocable, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide licence to reproduce, exploit or otherwise use your User Content uploaded via the Services.


7.5 You hereby acknowledge and agree that the Services may, from time-to-time, interface with third-party platforms such as Facebook (“Third Party Sites”) for the purpose of sharing User Content uploaded to the Services and that accordingly your User Content may be shared on Third Party Sites. You warrant that any User Content shared to a Third Party Site via the Services will be subject to the applicable Terms of Use of that platform. You further warrant that you have the necessary rights to share User Content on Third Party Sites.


7.6 You further warrant the following: You will not violate or infringe the rights of any other person or act in a way that constitutes a breach of any agreement you may have with any person by uploading and sharing User Content via the Services and Third Party Sites; You will obtain all necessary authorities, licences, permissions, clearances, approvals and consents required to upload and share User Content via the Services and Third Party Sites including without limitation performers' protection consents and trade mark licences; You shall not, or allow others to create, edit or manipulate your User Content for any illegal, unlawful or illegitimate means, including User Content that is or has been shared to Third Party Sites.


7.7 Zinc Now reserves the right, but is under no obligation, to monitor, edit or remove content and/or activity posted or displayed via the Services, whether publicly viewable or otherwise.


7.8 You warrant that you have the full capacity to agree to be legally bound by these Terms of Use and to provide the warranties regarding User Content set out in clause 7 above.


8. Zinc Now Intellectual Property


8.1 The intellectual property in the Site, the Application, the Content, the application framework (API), including without limitation text, graphics, artwork, logos, software, trade marks, designs, copyrights, compilations, algorithms and audio and video content, as well as the structure, layout, user interface and ‘look and feel’ of the Services (“Zinc Now IP”), is exclusively owned and controlled by Zinc Now and/or its third-party affiliates, assignees, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights.


8.2 You are not permitted to reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, licence or otherwise exploit Zinc Now IP unless you have the express written authorisation of Zinc Now. Any unauthorised use of Zinc Now IP by you is strictly prohibited.


8.3 Notwithstanding paragraph 8.2, you are permitted to copy and print hard-copy portions of the Site for the purpose of informative and non-commercial purposes only. Any other use of Zinc Now IP is strictly prohibited and subject to applicable laws governing intellectual property rights.


8.4 Notwithstanding paragraphs 8.2 and 8.3, User Content generated via the Services and/or shared to Third Party Sites may embody elements of the Zinc Now IP as part of the Application framework. To this extent only, incidental and accidental use of the Zinc Now IP is permitted.


9. Disclaimers & Limitation of Liability


9.1 Zinc Now, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates disclaim all warranties, guarantees, representations or specific promises as to the functionality, reliability or availability of the Services, including warranty of fitness for purpose, to the extent permitted by statute. Zinc Now takes no responsibility for any error, interruption or defect resulting from technical fault or otherwise, and you acknowledge and agree that your use of the Services is on an “AS-IS” basis to the extent permitted by statute. Zinc Now reserves the right to perform maintenance of the Services without notice to you.


9.2 The Services may from time-to-time, host hyperlinks to third-party websites. These links are for convenience only, and do not imply endorsement of third-party content. Zinc Now is not responsible for any material contained on these third-party websites accessed via these hyperlinks, and any dealings between you and third-parties are your sole responsibility.


9.3 Zinc Now is not responsible or liable for User Content that is created, or otherwise appears via the Services, including any and all User Content that is shared to Third Party Sites.


9.4 Zinc Now is not responsible or liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise), consequential, exemplary or aggravated damages arising from:


a. Your use of, or inability to use, the Services;

b. The failure by Zinc Now or other third parties to provide any information, service, feature or functionality via the Services

c. The unauthorised submission of information to the Services;

d. Statements or conduct of any third party using the Services; and/or

e. Your use of third-party services (including any sharing to Third Party Sites) in conjunction with the Services.


9.5 You hereby acknowledge and confirm that you are on notice of Zinc Now’s disclaimer of warranties and limitation of liability set forth in these Terms of Use and that you expressly agree to these disclaimers and limitations as a condition of using the Services. 


10. Indemnities


10.1 You agree to indemnity and hold Zinc Now harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Zinc Now by you or any third party due to, arising out of, or in any way connected to any of the following (including as a result of your direct activities on the Services or those conducted on your behalf):


a. Your access to and/or use of the Services;

b. Uploading User Content via the Services or sharing User Content on Third Party Sites; 

c. Breach or alleged breach of these Terms of Use;

d. Violation of any third-party right in connection with your use of the Services, including any intellectual property right, confidentiality, property or right to privacy;

e. Violation of any laws, rules, regulations, statutes or order of any governmental and quasi-governmental authority;

f. Any misrepresentation made by you to a third party; and

g. Any information submitted to Zinc Now via the Services or other communications.


11. Jurisdiction / Choice Of Law


11.1 These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any conflict of laws principle applicable in other jurisdictions. Any claim, cause of action or dispute arising out of these Terms of Use or relating to the use of the Services will be resolved exclusively in the Supreme Court of Victoria or applicable lower court, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.


12. Termination


12.1 You agree that Zinc Now may terminate access to the Services provided to you at any time, at our sole discretion, without notice to you, if we have reason to believe that you have failed to comply with these Terms of Use, or for any other reason.


12.2 You may wish to terminate this agreement under these Terms of Use, by ceasing to use the Services at any time and deleting the Application from your device. Upon deleting the Application, you agree that you will cease to have access to all User Content uploaded by you to the Application and that Zinc Now shall be under no obligation to store your User Content and to provide you with future access to such User Content.


12.3 Notwithstanding paragraphs 12.1 and 12.2:


Any Personal Information or non-personal statistical information collected under these Terms of Use and the Privacy Policy may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Policy; and


We may store any User Content uploaded to the Services on our servers at our discretion, whereby our rights under clause 7.4 shall continue in perpetuity; and


User photographs uploaded to the Application in the course of using the Services may be retained on publically viewable aspects of the Services. 


13. Miscellaneous


13.1 You are not permitted to transfer or assign these Terms of Use, or any of your rights or obligations under these Terms of Use, without the express written consent of Zinc Now. Zinc Now is free to assign these Terms of Use and its rights and obligations under these Terms of Use at its discretion.


13.2 In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use, but these Terms of Use shall be construed as if such provisions had never been contained herein.


13.3 Zinc Now shall not accept any counter-offers to these Terms of Use.13.4 The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms of Use, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.