This sexy newsletter keeps you In The Know regarding our upcoming shows, our best comps plus other Max highlights. It’s also a brief look at what’s happening in the music world, including insightful film, TV and music reviews. It’s free and convenient yet more reliable than public transport!

Max Alerts are our snappy reminders so you don’t miss specials on your favourite artists. Less frequently, there will be tour reminders, news, comps and other essential info.

The MAX website (the “Site”) is owned and operated by XYZnetworks Pty Limited (“XYZ”). Access to the contents of this site is conditional upon your acceptance of and compliance with these terms and conditions which should be read together with the Privacy Policy that appears on the site.

Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the Site and should not proceed to register. By using the Site after 1 March 2004 you are agreeing to be bound by this Agreement and the Privacy Policy, including all amendments made to date.

User Agreement

This Agreement constitutes your agreement with XYZ with respect to your use of the Site. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Site. As used in this Agreement, "we" and "us" means XYZ or any successor or assign of XYZ.

Right to Use

Your right to use the Site is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. We may also impose limits on certain features and aspects of the Site or restrict your access to parts or all of the Site without notice or liability.

All persons under the age of 18 years must obtain the consent of their parent or legal guardian before using the Site.

Communication Channels

This Site provides users with the ability to participate in chat rooms, message boards, personal messaging and other interactive communication with other users ('Communication Channels').

XYZ requires its users to participate in the Communication Channels in a responsible manner and all users must ensure that they do not communicate material which:

a. infringes or adversely impacts on the rights of any person;

b. is under copyright, trade mark or other intellectual property protection if they have not obtained a full and proper licence from the owner;

c. brings XYZ into disrepute with any party or is defamatory, obscene, pornographic or offensive or which incurs criminal or civil liability;

d. is technically deficient in some manner including any material which contains a computer virus; or

e. is promotional or advertising in its nature.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, pictures, photographs and video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

Code of Conduct

You agree to use the Site in accordance with the following Code of Conduct:

a. you will keep all information provided to you through the Site as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

b. you will not use the Site to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures, photographs, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;

c. you will not forward chain letters through the Site;

d. you will not use the Site to infringe the privacy rights, property rights, or any other rights of any person;

e. you will not post messages, pictures or recordings or use the Site in any way which:

i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights; or

ii. is fraudulent or otherwise unlawful or violates any law; and

f. you will not use the Site to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;

g. you will not use the Site to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Site, XYZ systems or to other members' systems in any way;

h. you will not use the Site to display pornographic or sexually explicit material of any kind;

i. You will not use the Site to display material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

j. You will not use the Site to provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

k. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.

Privacy and Use of Information

By using the Site you have also agreed to our Privacy Policy. You acknowledge that:

(a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;

(b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Site; and

(c) we cannot assume any responsibility for the content of messages sent or text posted by other users of the Site, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Site.

You may not use the Site for any unlawful purpose. We may refuse to grant you, or may withdraw from you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Site, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation photos, public postings, messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of photos, public postings, messages, and other materials you may upload to the Site or users of the Site.

Termination of Access to Site

We may, in our sole discretion, terminate or suspend your access to all or part of the Site at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Site or the Internet by others may be grounds for termination of your access to all or part of the Site at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Site contains information which is proprietary to us and our users. We assert full copyright protection in the Site. Information posted by us or users of the Site may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

Intellectual Property

This Site and all its constituent contents including its text, information, design, graphics, software and all material appearing on the Site ('Works') are the copyright of XYZ unless otherwise stated and in certain cases may be protected by trade mark law. You may not use any of the Works in any way without first obtaining the prior written permission of XYZ.

Licence to users of Site

XYZ grants you a non-exclusive revocable licence to access the Works solely for your private personal use which may not be for commercial gain.

You must first obtain the prior written permission of XYZ to reproduce, broadcast, communicate, adapt or modify the whole or any part of the Works. Under no circumstances can you delete, edit or otherwise change any credits, trade marks or other legal notices included in the Works.

XYZ grants all internet service providers the non-exclusive right to supply the Works in this Site to their subscribers subject to compliance with these Terms & Conditions and the Privacy Policy.

XYZ ownership of submitted material

You assign all right, title and interest in all material communicated by you to this Site in whatever format (including without limitation whether the material consists of text, graphics or music) ('Material') to XYZ, its assigns and licensees to use for all purposes in any manner in all media throughout the world in perpetuity.

Your submission of Material to the Site shall be deemed a valid and binding signature of the assignment to XYZ in electronic form as permitted under relevant legislation.

No Responsibility

You acknowledge that we are not responsible for suspension of the Site, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Site during the previous 12 months. We may discontinue or change the Site or its availability to you at any time, and you may stop using the Site at any time.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Site, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties by XYZ

The Site is distributed on an "as is" basis. We do not warrant that this Site will be uninterrupted, virus-free or error-free. There may be delays, omissions, and interruptions in the availability of the Site. Where permitted by law, you acknowledge that the Site is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Site is at your own risk. We do not represent or endorse the accuracy or reliability of any information, advice, opinion, statement or other information displayed, uploaded or distributed through the Site by XYZ, or any user of the Site or any other person or entity. You acknowledge that any reliance upon any such opinion, information, advice, statement or information shall be at your sole risk.

Your continued use of the Site now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Your warranties

You warrant to XYZ that:

· the Material is original and does not contravene any law, statute or contempt of court or provide any person with a right of action in copyright infringement, passing-off, defamation, privacy, publicity or confidence;

· the Material does not contain any encumbrances and you have the full legal right to assign all rights in the Material to XYZ absolutely or have obtained all necessary consents or releases from third parties for all and any use of the Material by XYZ in perpetuity without need for payment by XYZ to you or such third parties. You agree to provide any written evidence of this right to XYZ if requested;

· you have obtained written permission and releases for the use of any persons’ name, likeness and biography for any use by XYZ of the Material; and

· you agree to enter into any written documents if required by XYZ to formalise your assignment of all rights in the Material to XYZ.

Indemnities

You agree that we are not responsible or liable for any direct or consequential loss, damage or expense incurred by you as a result of your use of the Site and you are solely responsible for your own virus-protection procedures.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Site or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Site. Your continued use of the Site now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Site, or of any XYZ related products and services. We reserve the right to use information about your usage of the Site and demographics in forms that do not reveal your personal identity in accordance with our Privacy Policy.

And by your use of the Site, you consent to such disclosures and communications subject always to the terms of our Privacy Policy.

Governing Law

This Agreement is entered into in New South Wales, Australia. You agree that it will be governed by the laws of the State of New South Wales and any disputes arising out of this Agreement will be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Site to anyone. XYZ has the right to assign any or all of its rights and duties under this Agreement or to the Site to any third party. At the election of XYZ, if XYZ's obligations hereunder are assumed by a third party, XYZ shall be relieved of any and all liability under this Agreement.

General

This Agreement constitutes the entire agreement between XYZ and you regarding your use of the Site and your grant of all rights in any Works submitted to XYZ. No waiver of any breach of these Terms and Conditions shall be deemed a waiver of any other breach of the same or any other term. Your indemnity and assignment of all rights in any Works submitted to XYZ will survive termination of these Terms and Conditions.