Song Central Terms and Conditions of Use

Date of last Revision: 3rd February, 2010

Song Central Pty Ltd (“Song Central”) has created Australia’s first independent, internet-based composer driven platform for the management, development and showcasing of pre-commercial songs and music.
By registering as a member of Song Central, you agree to be bound by the following terms and conditions of use (“Terms and Conditions”). The Terms and Conditions may be changed at any time by Song Central online, and your continued access to the website means that you agree to be bound by the most current version of the terms and conditions.

In these Terms and Conditions the words “you” and “your” refer to the person accessing the songcentral.com.au website, and “Song Central”, “songcentral.com.au", "We", "Our" and "Us" refer to Song Central. "Site" refers to the www.songcentral.com.au web site (“Site”), including the content of that site and the materials delivered on and through it.

By accessing and/or using our Site, you agree to these Terms and Conditions of use.

Registration Data and Member Content

While you can visit our Site and view a subset of the total information on songcentral.com.au without registering, to store, Showcase, respond to tenders and request reviews (composer/songwriter members) or browse Showcases and/or submit tenders (Industry members) receive alerts and news updates, you must become a registered member of Song Central. The registration forms on this Site will specify the information which you must provide to enjoy the particular service feature, and the information which you may, at your option, choose to provide or withhold.

You are solely responsible for all information that you submit to Song Central and any consequences that may result from your submission. We do not edit submissions. We do however, reserve the right to refuse or delete submissions that we believe are inappropriate for any reason, including material that may be defamatory, offensive and/or discriminatory.

In particular, as a condition of your registration and membership on Song Central you agree that you will not:

• post or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law
• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder
• post or transmit any material of any kind which contains a virus or other harmful component

Any breach of these requirements will entitle Song Central to refuse or delete your submissions, and/or suspend or remove your membership.

Your responsibility for your password and login:

• To become a registered member, you must provide a login name and password. You are entirely responsible for your login name and password. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions on the Site. You may also change your login by contacting Song Central.
• You agree to immediately notify Song Central of any unauthorized use of your login name or any other breach of security known to you.

By electing to become a member of Song Central  you acknowledge and agree that any information provided by Song Central does not represent professional advice and in all respects you should obtain independent advice and form your own opinion concerning the Site, what it offers, and its contents. In particular you acknowledge and agree:

• That information published by Song Central is intended to provide general information in summary form only and it does not constitute nor is a substitute for, professional advice of any kind.
• While Song Central hopes to promote positive outcomes for individuals and industry, we do not endorse or recommend any of the opportunities which may arise from your submitted material. Song Central recommends that prior to entering into any agreement with other users of the site, you obtain your own independent legal, accounting, financial and/or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through Song Central or on the Internet generally.
• In no event will Song Central be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site or for contacts gained through Song Central.

Certain Fees for Registered Members

If you become a registered member of Song Central, certain portions of your use and access to the Site may be subject to payment of certain fees to us.  We offer different subscription packages for different fees as identified on our Site. By applying for and accepting membership of Song Central you will be accepting such fees.

Certain Authentication Procedures

If you become a registered member of Song Central, certain levels of validation maybe processed against your membership account.  Industry users will require verification that they are operating in the role described under the registration process. This verification is carried out by Song Central staff and is required before the member is able to browse Showcase music. Please note that whilst Song Central makes best endeavours to verify industry users, Song Central cannot guarantee the industry status or reliability of industry users, and Songwriter/Composer members should make their own enquiries about the professional standing of any industry member they are contacted by or have dealings with. Songwriter/Composer members can also be authenticated on the Site which will provide Industry users with knowledge that certain users have had a level of identity authentication processed. This identity authentication by songwriters/composers is voluntary.

Copyright and Trademarks

The Song Central website, its contents, and all materials created by Song Central, are owned by Song Central and protected under copyright and associated intellectual property laws. The rights in all songs, sound recordings, compositions and other material created by members and/or other third parties are owned by those members and/or third parties and also protected by copyright and associated intellectual property laws.

Song Central is a registered trademark in Australia. We do not permit the use of the Song Central name and/or logo by third parties without prior written consent.
You may not copy, edit, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the Site without express permission of Song Central or the party credited as owning the information.

If you post submissions to Song Central providing false contact details or impersonating another party, we reserve the right to pass your details and IP address on to the aggrieved third party, their agents or any law enforcement agency.

Prohibited Uses

In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to submit any advertising, “spam”, threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Song Central disclaims all responsibility or liability arising from the content of such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information submitted to or transmitted through the Site. As provided in our Privacy Policy, Song Central will comply with court orders directing Song Central to disclose the identity of members submitting such information or materials, or otherwise directing compliance by Song Central.
You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, “bots”, or other devices intended to interrupt or harm the workings of the Site, and refrain from any attempt to intercept, access or monitor any system data, or information on or in transit to or from the Site.

Complaints Over Perceived Infringement

Song Central respects intellectual property rights, and will terminate registered members, and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, Song Central will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems.

Privacy Policy

Any information that we may collect from you during your use of the Site is subject to our Privacy Policy. View the Song Central Privacy Policy via the link located on the bottom of each publically accessible page of the Site.

Eligibility

Membership of Song Central is void where prohibited by law. Any registration by, use of or access to Song Central by anyone who is under the age of 18, and does not provide written consent from a parent, is unauthorized and in violation of these Terms and Conditions. By using Song Central you represent and warrant that you are 18 or over and that you agree to abide by all the terms and conditions of this agreement.

Indemnity

You agree to defend, indemnify, and hold harmless Song Central, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any improper and/or unauthorized use by you of the the Site and/or its contents (including software) or your breach of any of the terms of this Agreement. Song Central shall provide notice to you of any such claim, suit, or proceeding and you shall assist Song Central, at your expense, in defending any such claim, suit, or proceeding.

No Guarantee as to the Service

Song Central provides no warranty to you that the services generally available will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Song Central cannot and does not guarantee or warrant that files available for downloading through Song Central or delivered via electronic mail from Song Central will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to Song Central for the reconstruction of any lost data.

No Guarantees as to the Security of your Information

While Song Central takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed and/or accessed by a third party while in transit over the Internet or while stored on Song Central systems or on the website. Song Central shall have no liability to you and/or third parties in any respect, should this occur.

Links to Other Sites

Song Central contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Song Central of the contents on such third-party websites. Song Central is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to link to third-party websites, you do so at your own risk.

Disclaimer

The information contained on Song Central is for information purposes for registered members. Whilst every care has been taken in its preparation, Song Central does not make any warranties nor representations as to its accuracy or reliability. We neither accept nor assume any liability in relation to the contents of these pages and you should make your own independent inquiries to determine its accuracy.

In no event do we accept liability of any description for the submission of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the viewing, use or performance of this website or its contents. The pages contained in this website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.

Disclaimer of Consequential Damages

In no event shall Song Central, its suppliers, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

Gifted and Promotional Tokens and Site Credits

Gifted and Promotional Tokens must be redeemed through the songcentral.com.au website towards the purchase of services available and listed thereon. Gifted and promotions tokens are not redeemable for cash and cannot be returned for a cash refund.

Song Central is not responsible for lost or stolen gift tokens. Song Central will have the right to close membership accounts and request alternative forms of payment if a fraudulently obtained gifted or promotional token or site credit is redeemed through the Site.

All sales transacted through songcentral.com.au are final. In the event that Song Central decides that a refund may be available in their sole discretion, the form of such a refund is also within the sole discretion of Song Central.

Suggestions for Song Central

Song Central welcomes ideas and feedback from you about all aspects of the Site. You agree that Song Central may reproduce, distribute, transmit, and publicly display any ideas for new or improved services that you submit to us. (Please read our privacy policy for more information as to how we deal with information you send to us.)

Assignment

Song Central may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that Song Central may transfer or assign to a third party all of its rights and obligations with respect to you and this agreement, including any right to receive any payment and/or rights and obligations with respect to your personally identifiable information, on the condition that such third party agrees to abide by Song Central’s then applicable Privacy Policy.

General

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

The laws governing this agreement will be the laws of the State of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in New South Wales.