TERMS AND CONDITIONS OF USE
The website www.themusicnetwork.com is owned and operated by The Music Network Pty Ltd (“The Music Network”)
These terms govern your subscription to any product available through The Music Network. These terms, together with the Conditions of use, form part of the general terms and conditions governing the material on, use of and access to the The Music Network. The Music Network may change these Subscription Terms from time to time. If we do, any amendments will be posted on The Music Network Site. If you object to any changes to these Subscription Terms, your only remedy is to cancel your subscription before 14 days after the changes come into effect. If you do not cancel your subscription within that period, you will be deemed to have accepted all changes.
The Music Network Conditions of Use
We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on The Music Network website. Your subsequent or continued use of The Music Network will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of The Music Network.
These terms and conditions of use were last updated in October 2015.
The Music Network
While we use reasonable endeavours to ensure that The Music Network is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to The Music Network may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on The Music Network at any time.
Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on The Music Network at any time without providing notice to you.
To access certain parts of the website, you must register as a member of The Music Network. Different price plans are available depending on the membership of your choice. The system will prompt you to complete your credit card details and personal information when you sign up to any of the paid plans. Your credit card will automatically be charged monthly or annually once your existing plan expires.
Cancellation is available at any time through your billing settings (Company, Company Pro and Charts subscribers must cancel through their organisation billing settings). The account will be cancelled instantly and your credit card will no longer be charged.
You must not register as a member multiple times.
You must not impersonate or create a membership for any person other than yourself.
You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details and/or any content or data to be shared, used by or transferred to any other person.
We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of The Music Network, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
Company, Company Pro and Charts Pro Memberships
When you subscribe to a monthly or annual plan for any of the following memberships: Company, Company Pro or Charts Pro you will receive one (1) extra log-in for free. This means that two (2) users can access the membership for the price of one (1). The owner of the account “Team Owner” can invite this extra user “Team Member” on the settings section of their account. In the settings section, you have to click on your company’s tab, and click on “My Team” section. An email invitation will automatically be sent to the new user.
Companies that have a group account or special pricing accounts can not participate in this offer.
You must not:
(a) use The Music Network in breach of any applicable laws or regulations;
(b) use The Music Network (or Material obtained on The Music Network):
· to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
· to impersonate any person or entity;
· to solicit money, passwords or personal information from any person;
· to harm, abuse, harass, stalk, threaten or otherwise offend others; or
· for any unlawful purpose;
(c) use The Music Network to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
· is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
· contains, promotes, or provides information about unlawful activities or conduct;
· is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
· exploits another person in any manner;
· contains nudity, excessive violence, or sexual acts or references;
· includes an image or personal information of another person or persons unless you have their consent;
· poses or creates a privacy or security risk to any person;
· you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
· contains large amounts of untargeted, unwanted or repetitive content;
· contains restricted or password only access pages, or hidden content;
· contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
· advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
· contains financial, legal, medical or other professional advice;
(d) interfere with, disrupt, or create an undue burden on The Music Network;
(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of The Music Network;
(f) use The Music Network with the assistance of any automated scripting tool or software;
(g) frame or mirror any part of The Music Network without our prior written authorisation;
(h) use code or other devices containing any reference to The Music Network to direct other persons to any other web page;
(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of The Music Network or cause any other person to do so; or
(j) delete any attributions or legal or proprietary notices on The Music Network.
By uploading, transmitting, posting or otherwise making available any Material via The Music Network, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) warrant that you have the right to grant the abovementioned licences;
(c) warrant that the Material does not breach the Conditions; and
(d) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
· review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
· monitor use of The Music Network, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on The Music Network by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on The Music Network simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
If you think that The Music Network has been accessed or used by another user in breach of the Conditions, please email us at [email protected] We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to [email protected]
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to The Music Network.
The Music Network contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on The Music Network for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of The Music Network.
In particular, you may not use any Material on The Music Network to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on The Music Network should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on The Music Network without the express written consent of the relevant owner.
You use The Music Network at your sole risk.
Except where expressly stated otherwise, Material on The Music Network is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on The Music Network will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on The Music Network, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with The Music Network in any circumstance.
Limitation of liability
You use The Music Network at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of The Music Network that are not expressly set out in the Conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
· (i) the re-supply of those services; or
· (ii) the payment of the cost of having those services re-supplied
In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via The Music Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with The Music Network.
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with The Music Network, including any breach by you of the Conditions.
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via The Music Network are stated non-inclusive of GST. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using The Music Network, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
In these terms and conditions:
"The Music Network" means the website that we own and operate (www.themusicnetwork.com), regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
"Material" means text, illustrations, photos, audio, video, any combination of these or other material.
"Us", "we" or "our" means The Music Network PTY LTD (ABN 25 166 599 533) and/or its related bodies corporate.
Certain content contained on The Music Network is provided by Associated Press (AP) and is protected under copyright law.
Associated Press (AP) text, photos, graphics, audio and video works are only for the personal non-commercial use of persons accessing this service and must not directly or indirectly be published, rewritten for broadcast, communication or publication or redistributed in any medium. AP materials and works must not be stored in any electronic or other system except for the personal, non-commercial use of persons accessing this service. Users nor any other person may hold AP liable for any delays, inaccuracies, errors or omissions in respect of such materials or works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.