Smiley Martin

Folk Contemporary Singer/Songwriter from Sydney, Australia.

Terms of Use and Service

If you do not agree to any of the following terms of service, please do not use this web site.
 

Introduction
This web site and its contents ("Web Site") is owned and operated by TWO CREATE (ABN 46 249 790 802).
By accessing or using the Web Site, you agree to accept and comply with these terms of service incl the Privacy Policy, notices and disclaimers contained elsewhere on the Web Site (known collectively as "Terms of Service").
The Terms of Service govern the use of this Web Site. Two Create reserves the right to amend the Terms of Service at any time without notice. We therefore encourage you to check this document regularly. Children under the age of majority should review these Terms of Service with their parent or guardian to ensure that the child and parent or legal guardian understand it.
 

Applicable Law
The Terms of Service are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms of Service is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Service will remain in full force and effect. Two Create makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Links to Third Party Sites and Third Party Advertisements
Two Create assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Except as Two Create may specifically direct otherwise, Two Create does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Two Create for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Payments and Refunds

You can acquire digital or physical content (Content) on the Web Site for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between the customer and Two Create, and/or the customer and the entity providing the Content on our Web Site. Two Create will charge the payment method selected by the customer (such as credit card, debit card, Pay Pal) for Transactions, including any applicable taxes. When a customer pre-orders Content on the Web Site, they will be charged when the Content is checked out on the Web Site. All Transactions are final. Content prices may change at any time.

Before any return or refund is action is taken, customers must first advise Two Create in an email of the nature of the problem with Content in the Transaction and send to this email address:

davidmar.martin@gmail.com

Two Create will then respond as soon as possible to the customer feedback.

If a remedy is warranted, it may be either replacement of the Content or refund of the price paid, as determined by Two Create. Two Create may also refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Two Create to a corresponding counterclaim.

Privacy Policy

Two Create acknowledges and respects the privacy of individuals. This policy sets out the way in which we will use, manage and protect your personal information in accordance with the Australian Privacy Principles and the privacy laws.
 

How Do We Collect Personal Information?
Two Create may collect personal information from you, including but not limited to, your name, address, telephone number, mobile number and email address, when you knowingly provide us with this information. If you do not provide your personal information, we may not be able to provide you with the services that you have requested.
 

How Do We Use Personal Information?
Two Create may use the personal information that you submit to us to provide and improve our services. Two Create may disclose this information to our suppliers, contractors, agents for the purpose of providing you with the goods and services that you have ordered and/or requested. Additionally Two Create may from time to time send you offers or information on goods or services that Two Create considers will be of interest to you.  If your personal information is collected in connection with a joint promoter, we may disclose your personal information to that joint promoter for marketing and research purposes. Two Create may allow your personal information to be given to third parties for similar purposes unless you have clearly indicated that this is not to occur. Some of the third parties with whom we share personal information may be located outside Australia, including the United States of America and New Zealand. While such third parties will often be subject to privacy and confidentiality obligations, you accept that where lawful, such obligations may differ from and be less stringent than the requirements of the privacy laws of Australia. We may also disclose your personal information if required to by law.
 

Security of Personal Information
Two Create will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date. Your information is generally stored on secure servers that are protected in controlled facilities. Two Create will take all reasonable steps to protect all personal information held by us. However, no guarantee can be given that information sent over the Internet is always 100% secure. Sending and receiving information over the Internet is at the user’s own risk, and Two Create does not accept responsibility for any consequences of unauthorised access to your information.
 

Access, Accuracy and Complaints
If at any time you want to know exactly what personal information we may hold about you, you may request details of that information by e-mailing us at davidmar.martin@gmail.com . We will endeavour to provide you with the information within seven days. If a fee will apply to compile your information we will let you know this in advance. If you want to correct or update your information, or you consider that we may have misused your personal information, or breached this Privacy Policy or our general privacy obligations, please contact us by e-mail at davidmar.martin@gmail.comwith details of your issue and your email bearing the subject line “Privacy” and we will respond as soon as practicable.
 

Sensitive Information
Two Create will not collect use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Australian Privacy legislation.
 

Clickstream data
Each time you visit the website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server's IP address. Two Create may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits. We may use this information to evaluate and improve our website performance.
 

Cookies
A cookie is a piece of information that our web server may send to your machine when you visit our website. The cookie is stored on your machine, but does not identify you or give us any information about your computer. A cookie helps us to recognise you when you re-visit our website and to co-ordinate your access to different pages on the website. With most internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more.
 

Links to Other Sites
Two Create may provide links to other sites. If you use these links, you will leave our website and we are not responsible for any of these sites, their content or their usage of your personal information. We advise that you check the privacy policies on those sites.
Direct Marketing
If you do not wish to receive direct marketing materials from us, please contact us by e-mail at davidmar.martin@gmail.com with your details, and your email bearing the subject line “Unsubscribe”. If we're unable to determine who you are, we make contact to obtain further details.
 

Variation of the Privacy Policy
Two Create may vary this Privacy Policy from time to time and, when we do, we will update our website to include any changes to this Privacy Policy.

(End of Privacy Policy)

Competitions and Promotions
Certain parts of the Web Site may contain competitions or promotions from Two Create or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Two Create specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.
 

Content Submissions
Two Create may allow you to submit various materials on to the Web Site including comments, recordings and images ("Content"). By submitting any Content you, unless Two Create advises otherwise, license and grant Two Create, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, communicate, publish, copy, distribute, and display such Content or any concept described in it for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
You understand and agree that you are solely and fully responsible for the Content you submit, including any breach of these terms, and Two Create shall not be liable in any way for such Content, to the full extent permitted by law. Two Create has the right but not the obligation to monitor any Content, and may remove any Content without notice for any reason whatsoever. Further, with regard to any Content submissions, you warrant and agree that: (a) your Content will not contain any material that is unlawful or fraudulent, or that Two Create may deem in breach of any intellectual property, privacy, publicity or other rights, libelous, slanderous, defamatory, harmful, vulgar, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, nationality or gender, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property who may appear in your Content; (c) your Content shall not contain viruses or other destructive features or cause injury or harm to any person or entity; and (d) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
 

Disclaimer and Liability
This Web Site is provided on an "as is" basis. While Two Create has used its best endeavours to ensure that the information contained on and accessed through the Web Site is correct and current at the time of publication, Two Create does not accept responsibility for any error, omission or defect in the information.
The material contained on this site is provided for general information purposes only. To the fullest extent permissible by law, Two Create, its affiliated companies and their respective directors, employees, agents and contractors:
(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site, your access to the Web Site or results of your access, or the information, content, materials or products on the Web Site; and (b) Do not warrant that the functions on the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Two Create, its affiliated companies or their respective directors, employees, agents and contractors) will Two Create, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Web Site.
Unless specific provisions of legislation are quoted, Two Create does not make statements of the law in relation to any matter. The comments contained in this website about the law are summaries which may not be comprehensive or complete. If you wish to know the law, you should either go to the relevant legislation or obtain advice from a qualified professional such as a solicitor.
 

Indemnity
You agree to indemnify and keep indemnified Two Create, its affiliated companies and their officers, employees, agents and contractors ("those indemnified") in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the Web Site (or any part of it) or the violation of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property and Restriction on Use Of Content
The materials on this site are the subject of copyright protection. Copyright entitles the owner to the exclusive right to copy and reproduce the materials. Copying or reproducing the materials may infringe the copyright. You are only permitted to download, display, print or reproduce the materials in unaltered form for personal use, non-commercial use, research or study. Any other use is prohibited. Finally you agree to refer to Two Create ABN 46 249 790 802 as the authorised licensee of the copyright in all material contained on this website.
 

Termination and Cancellation
Two Create reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Web Site, at any time without notice. Without limiting the operation of any other terms and conditions herein, Two Create will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Two Create's liability will survive such termination. If you decide to register to use certain services on this site you agree to provide us with current and accurate information as required. You can cancel your subscription at any time by emailing us.

Copyright 2017 Two Create. All rights of the manufacturer and the owner of the recorded work reserved. Unauthorised public performance, broadcasting, leasing and copying of the music works available on this website prohibited.

Photography by The Orchard Studio; Christian Mushenko and Danielle Chloe

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