Terms and Conditions
Disclaimer and legal notices – please read
Access to and use of this website (located at the URL www.theMusic.com.au) is provided by Street Press Australia Pty Ltd trading as the music (“The Music”, also “we”, “us” and “our”) on the following conditions and any other directions or rules of use on this website (“Terms”).
If you access this website (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the website after any changes are posted, you agree to all of those changes.
The Terms may also govern goods and services advertised by any company or business affiliated with Street Press Australia Pty Ltd (an “Affiliate”). If these Terms govern goods and services advertised by an Affiliate, then the identity of that Affiliate will be apparent from the pages of the website upon which those goods and services are advertised.
Disclaimers, liability limitation and indemnity
Use of this website is at your risk. To the maximum extent permitted by law, none of Street Press Australia Pty Ltd, its Affiliates or any of their respective employees, agents, third party content providers or licensors makes any express or implied representation or warranty about, or will be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this website, its use, its content or any products or services (including our products or services) referred to on this website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) your reliance on the completeness, accuracy, suitability or currency of the website or its content;
(b) failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(c) accessing any websites or servers maintained by other organisations through links on this website. Links are provided for the convenience of our website users only and without responsibility for the content or operation of those websites. Unless otherwise stated, linked websites and their products and services are not endorsed by us and you link to any such website at your own risk; and
(d) defamatory, threatening, offensive or unlawful conduct of third parties.
No advice given
If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this website.
Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all conditions and warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on this website (including warranties of satisfactory quality, merchantability and fitness for purpose).
Limitation of our liability (if any) to you.
To the maximum extent permitted by law, our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
(a) in the case of information or services supplied or offered by us — the re-supply of the information or services or payment of the cost of doing this; or
(b) in the case of goods supplied or offered by us — repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.
You indemnify us, our Affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this website.
Rights we cannot exclude, limit or disclaim
The disclaimers, liability limitations and indemnities herein do not exclude any of your rights which by law may not be excluded; nor do they limit any of your rights which by law may not be so limited.
Copyright and intellectual property notices
International copyright protection
The material on this website is protected by copyright under the laws of Australia and, through international treaties, other countries.
Trade Marks Notice
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission. Other product names and images on this website may be trade marks or registered trade marks of ours, our Affiliates or third parties (including advertisers, sponsors, and stakeholders). The use or misuse of these trade marks, except as expressly authorised, is prohibited.
Ownership of copyright
Unless otherwise indicated, Street Press Australia Pty Ltd owns the copyright in the content on this website, including the copyright works, text, software, images, graphics, advertisements, databases, sound recordings, streaming audio, cinematograph films (videos), animation, e-cards, downloads and streaming video) (collectively referred to as “content” in these Terms). Some of the copyright in the content on this website may be owned by someone else and is included on our website under licence or other agreements.
Using content subject to copyright on this website
You must not modify, make available, adapt, copy, reproduce, decompile, communicate, transmit, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the content in any way except as expressly permitted by us in writing.
Provided that you keep all content intact and in the same form as made available by Street Press Australia Pty Ltd on this website, you may (via your browser) temporarily download and view the content for your personal, non-commercial use but only in the course of browsing this website. Otherwise no part of the content on this website may be reproduced in any material form without our prior written consent. Street Press Australia Pty Ltd reserves all of its rights not expressly granted in these Terms.
We have been careful to only compile the content from sources we believe and understand to be reliable. However, we do not warrant, guarantee, or accept, any responsibility for the accuracy or completeness of any content.
If we specifically allow you to use any content, you may:
(a) use that content only in accordance with our directions from time to time; and
(b) only in relation to content or material specifically approved by us in writing, without any alteration and incorporating notices indicating our ownership of the typographical arrangements of the text incorporated in that copyright material and the ownership of any other person that we advise you is the author in the copyrighted material.
If you think your copyright has been infringed
We take issues of copyright and intellectual property very seriously. If you believe that any part of this website in any way infringes your copyright or other intellectual property rights, please contact us via our website at www.theMusic.com.au or direct your query to the Street Press Australia Pty Ltd Head Office.
Creating links to this website
We would be happy to discuss this with you. However, you must not link to this website without firstly obtaining our consent in writing.
If we consent to you creating links to this website, any links from your web pages to these web pages must be subject to you displaying our URL and our name, STREET PRESS AUSTRALIA PTY LTD, clearly and prominently, without in any way damaging our reputation or the goods or services we provide, or suggesting any association between us and other persons (including you), organisations, goods or services, unless we first approve of that association in writing.
Our links to other websites
This website may contain links or references to Internet websites operated by other record labels, artists, film companies, sponsors, etc. (“Other Sites”). We have provided these links only as a courtesy – this should not be interpreted in any way as an endorsement of those Other Sites. Other Sites are not under our control and so Street Press Australia Pty Ltd is not responsible for the content of any Other Site. We make no representations or warranties and accept no responsibility for the accuracy, completeness, content or use of the information you may access at Other Sites.
We can use your feedback
When you send us any feedback or suggestions about this website or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
Lawful and authorised use only
You must use this website only for lawful purposes and for the purposes explicitly outlined and authorised in this website (including in these Terms).
If any part of this website requires you to provide a username and password in order to access or otherwise use any part of this website, you must keep that username and password confidential and not provide them to anyone other than us. You are authorised to:
(a) download and view content; and
(b) use the software included in this website in doing this,
for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You must not, without our prior written permission, exploit any of our website materials for commercial purposes.
Except as stated in these Terms, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to make available, modify, copy, adapt, decompile, communicate, transmit, broadcast, reproduce, republish, store (in any medium), broadcast, show or play in public, commercialise, frame, upload or otherwise distribute or change in any way the content, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this website which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
You must not:
(a) use this website, or any tools offered through this website in a manner; or
(b) up-load, post, transmit, or otherwise make available through this website any material, which:
(i) violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
(ii) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(iii) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(iv) restricts or inhibits any other user from using or enjoying this website;
(v) affects the functionality or operation of this website or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
(vi) breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials that the requesting or directing authority claims violates any applicable law.
Disclaimer about others’ materials
You acknowledge that any third party materials appearing on this website are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
Victoria, Australia law applies
This website (excluding any linked, third party websites) is controlled by us from Australia. Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
Access to this website from outside of Australia
You must ensure that access to and use of this website is in accordance with the laws of your jurisdiction.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this website is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).
No offers where illegality arises
Nothing on this website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
The Service is the supply by us of access to streamed music including for preview purposes, access to downloads of MP3 music files (“Music Files”) licensed for use by you in accordance with these TOS, and the provision of information relating to artists, recordings and Music Files.
When you download a music file from the Website, you obtain a licence to use the music file for your own use. The licence cannot be transferred to anyone else and is only for personal entertainment use, not commercial use or public broadcast.