Welcome to www.bendigoautumnmusic.com (the “Site”). The following terms and conditions (“Terms”) govern your use of the Site and all services available on or through the Site (the Site and such services are collectively referred to as the “Services”). The words “user,” “you” and “your” as used in these Terms refer to users of the Services, and if you are under the age of 18 years old, “you” and “your” also includes your parents or legal guardians. “We” and “us” refers to Bendigo Autumn Music. You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. These Terms, as may be amended by us from time to time, will be effective commencing with your first use or registration of the Services and will remain in full force and effect throughout your use of the Services.
AUTHORIZATION; ACCOUNT
A. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE: By checking the “Agreed” box below, you signify (i) that you are at least 18 years old, and (ii) your (and, as the case may be, your minor child’s) acknowledgment of, and agreement to, these Terms. If you are using or opening an account on the Site on behalf of a company, entity or organization (including, but not limited to, a band) (each an “Third Party Entity”), then you represent and warrant that you: (i) are an authorized representative of that Third Party Entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such Third Party Entity. The Services are not intended for children under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST NOT USE OR ACCESS the Services AT ANY TIME OR IN ANY MANNER. THE SERVICES MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. We do not seek through the Services to gather personal information from or about children under the age of 16. If you do not accept and agree to these Terms, you may not use, and will not be permitted or otherwise authorized to use, all or any portion of the Services.
B. CHANGES: We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these Terms at any time, with or without prior notice other than by posting the revised Terms on the Site. Such changes, modifications and/or alterations are effective immediately upon posting. The Terms will be identified as of the most recent date of revision. Continued use of the Services will constitute your binding acceptance of the changes and/or modifications and/or alterations of these Terms. You are responsible for periodically reviewing this page to ensure your continued acceptance of these Terms.
C. REGISTRATION: You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, or other account information, or any other breach of security that you become aware of. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
CONTENT
A. CONTENT: You hereby acknowledge and agree that you are solely responsible for all material that you post, publish, upload or transmit on or through the Services, whether to us or a third party, including but not limited to musical works, software, designs, text, comments, messages, literary works, images, photographs, illustrations, audio clips/sound recordings, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks/service marks, and trade names, trade dress and patents (the “Content”). This includes Content which may be posted, published, uploaded, transmitted or accessed from third-party sites such as, by way of example and not limitation Facebook, YouTube, and Twitter. You represent, warrant and covenant that no Content submitted by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent, warrant and covenant that you own and/or have all legal rights necessary, or have obtained all necessary rights, permissions, authorizations, licenses, and clearances to post, publish, upload, or transmit any Content submitted by you and to grant the rights to the Content as set forth in these Terms. Further, you represent, warrant and covenant that our use of the Content will not require us or any third party site on or through which the Services is made available to pay any fees of any kind to any third party, including, but not limited to, any sound recording copyright owner, any musical work copyright owner, any PRO (musical work or sound recording), any union, guild, non-featured vocalist or musician, engineer, producer, co-author, record royalty participant or any other person or entity, or any use or re-use fees for the use of any sound recording or audiovisual work.
You must not upload or transmit any Content to or through the Services or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Without limiting the foregoing, if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the Content you intend to upload or transmit to or through the Services, including to any hosting services or third party sties, then you must not upload the Content to or through the Services. In addition, if you only own the rights in and to a sound recording, for example, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings to the Services unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to sublicense to Bendigo Autumn Music according to these Terms. For example, cover songs are not permitted on the Services unless you have cleared all rights to the song covered by the artist/band.
USER COMMUNITY TERMS
A. GENERAL; NO ENDORSEMENT: We may provide user communities (“Forums”) on which users of the Services may communicate with one another. Any violation by you of the following terms and conditions regarding your use of the Forums may result in the termination of your right to post messages to one or all Forums or to your use of the Services, in our sole discretion and without any liability to you. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any messages posted to a Forum. The opinions expressed in any Forum posting are to be attributed solely to the person or entity that posted such message. Any reliance you place on material or information set forth in a posted message will be at your own risk.
B. NO REGISTRATION REQUIRED: You are not obligated to register in order to access and read messages posted to the Forums, but you are required to register in order to post a message to a Forum. When registering, you may be asked to disclose personal information (including your name and email address), and to select a screen name. Please keep in mind when choosing a screen name that whenever you post a message to a Forum, your screen name will automatically appear with your posted message. We may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or is vulgar or otherwise offensive in our sole discretion.
C. NO CONFIDENTIALITY; REMOVAL: You must not post any material to a Forum that you consider to be confidential or proprietary. Any messages or Content that you post in a Forum will be considered non-confidential and non-proprietary, and treated as such by US, and may be used by US and others for any purpose with or without notice to you. You further grant us a royalty free, perpetual, irrevocable, assignable, non-exclusive license throughout the universe to any Content, concepts, know-how, ideas or inventions that you post to a Forum. You may remove any of your messages posted to a Forum at any time by sending an email to [email protected], and requesting that the particular message be removed; provided, however, that the removal of a message from a Forum will not ensure the deletion of your message from computer servers owned or operated by or on behalf of us or the removal of your message from the files of any third parties who may have copied or further distributed your messages. As such, your message may continue to be made publicly accessible indefinitely by such third parties.
DISCLAIMER & LIMITATION OF LIABILITY
A. DISCLAIMER: The Services, Content, Materials, all other items or materials are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either expressed or implied, statutory or otherwise, and we are not responsible for the accuracy, decency, integrity, quality, legality, usefulness, or safety thereof. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Bendigo Autumn Music, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Services or with respect to the information and material contained on the Services. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bendigo Autumn Music AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Bendigo Autumn Music, AN EMPLOYEE OR REPRESENTATIVE OF Bendigo Autumn Music OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Bendigo Autumn Music AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
B. LIMITATION OF LIABILITY: To the fullest extent permissible pursuant to applicable law, Bendigo Autumn Music, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not liable for damages of any kind including, without limitation, lost profits, business interruption, or other compensatory, consequential, incidental, indirect, special, punitive or similar damages, that may result from the use of, or the inability to use, the Services or, Content, Materials or other items and materials contained in or on the Services, whether provided or otherwise supplied by Bendigo Autumn Music or any third party, even if we have been advised of the possibility of such damages. The entire risk as to the quality, accuracy, completeness, correctness, and validity of the Services, Content, Materials, any other items or material rests with you. Notwithstanding the foregoing, in no event shall Bendigo Autumn Music’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Site or US $50.00, whichever is less. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Bendigo Autumn Music, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Bendigo Autumn Music, Bendigo Autumn Music’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT Bendigo Autumn Music WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.