Terms of Use

1 Introduction

Universal Music Australia Pty Limited (ACN 000 158 592) (“Universal”, “we”, “our” or “us”) operates the Umusic Website Service (“Umusic”or “Service”). Your access to and use of the Service is subject to these Terms of Use. Our related bodies corporate (as defined in the Corporations Act 2001 (Cth)), agents, representatives and licensors will be referred to individually and collectively as the “Universal Entities” in these Terms of Use. The primary online address for the Umusic website is www.umusic.com.au. This, and all associated sites linked to it by Universal, are referred to in these Terms of Use as the Website (the “Website”).

2 These Terms of Use and Your Agreement with Universal

These Terms of Use (which incorporate the Privacy Policy), as amended or revised by us from time to time, apply to anyone visiting the Website or using the Service. They govern the provision of all the services, content, information, features, functions and activities offered by us to you in connection with the Website and Service.

3 Content

“Content” means all content including music, audio, video, text, illustrations, images, photographs, animations, data, information, software, databases, designs, other proprietary information and materials and all copyright protected or otherwise legally protectable elements of the Service, software and Website, tangible or intangible, including the selection, sequence, ‘look and feel’ and arrangement of items, as well as all copyright and other rights in other intellectual property which you may encounter in connection with the Service, the Website or the software.

4 Your conduct and using the Content

  • Your use of the Content is subject to these Terms of Use and you may not directly or indirectly reproduce, modify, display, broadcast, perform, transfer, distribute or use Content in any manner that is inconsistent with the Terms of Use or any laws or regulations that apply.
  • You agree to copy, record, play back and download only Content for which you have the necessary authorisation, permissions and licences.
  • Digital Rights Management, intellectual property and/or security technology protections may be provided with or in the Content and you must not directly or indirectly circumvent, reverse engineer, decrypt, or otherwise alter, modify, restrict or interfere with such protection or any of the means by which we monitor and administer these protections or rules.
  • All Content belongs to Universal, the Universal Entities, or their respective licensors, suppliers, operational service providers or advertisers, and is legally protected under Australian Commonwealth and State laws, as well as applicable foreign laws, regulations and international treaties.
  • Umusic, the Website, the software and all Content are provided solely for your non-commercial, non-exclusive personal use.
  • Your rights are non-assignable, non-transferable and limited to those specifically and expressly granted to you by us.
  • You must not alter, delete, or conceal any copyright or other notices.
  • You must not, nor will you allow any third party to, reproduce, modify, edit, create derivative works from, display, perform, publish, distribute, communicate, disseminate, broadcast or circulate to any third party or otherwise use, any Content without the express prior written consent of Universal or the owner of such Content if Universal is not the owner.
  • Nothing must be construed as assigning, transferring or granting to you, any right, licence or interest in or to Umusic, the Content, the Website or any software, except for the specific, restricted and limited rights granted to you under the Terms of Use.
  • Any use of Umusic, the Content, the Website or any software that is not expressly permitted under the Terms of Use is strictly prohibited.
  • If we no longer have the right to make certain Content available, for any reason and at any time, you will no longer be able to obtain or use that Content from Umusic, even if you originally obtained it from us.

5 Your Responsibilities

You must not use or allow others to use the Site to upload, post, transmit, distribute, communicate or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:

  • is unsuitable for children;
  • 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;
  • contains nudity, violence, or sexual acts or references;
  • 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 viruses, or other computer codes, files or programs which could interrupt, limit or destroy the functionality of other computer software or hardware; or
  • contains financial, legal, medical or other professional advice.

You must not use or allow others to use Umusic, the software or the Website in any manner that may:

  • transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, instance messaging, or “spam”;
  • harm, abuse, harass, stalk, threaten or otherwise offend;
  • solicit money or personal information from any person;
  • be unlawful, defamatory, offensive, pornographic, threatening or discriminatory;
  • affect us or any of the Universal Entities adversely or reflect negatively on us, Umusic, the Website or any of the Universal Entities, or on their goodwill, name or reputation;
  • use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
  • breach any laws or regulations, infringe a third party’s rights or privacy, or be contrary to any relevant standards or codes;
  • use another person’s registration details or password without that person’s permission; or
  • tamper with, hinder the operation of or make unauthorised modifications to the Service or Website or the use and enjoyment of the Service or Website by other users.

You are responsible for ensuring that your computer and devices, hardware and software (“Equipment”) can connect to the Internet and are compatible with Windows Digital Rights Management.

6 Demo submissions

We are happy to receive your unsolicited demo submissions at Universal via email to anr.au@umusic.com. As we receive a very high volume of material we are unable to provide individual feedback about your demo submissions and thus please do not attempt to contact us in regard to your submission.

Submissions to anr.au@umusic.com does not create any relationship between us and all copyright in your material remains with you.

7 Monitoring and Removal of Material

If you believe the Website, the software or the Service contains elements that infringe your copyright in your work or anyone else’s copyright, please contact us at contact@Umusic.com.au.

8 Representations, Warranties and Consumer Guarantees

You acknowledge and agree that your use of Umusic, the software and the Website is at your own risk subject to the rights and obligations that you and Umusic have under the Australian Consumer Law and general law.

We make no representation or warranty that any Equipment, including portable devices, will be compatible with Umusic or the Website. We are not obliged to refund any purchases should your Equipment be incompatible.

Consumer guarantees under the Australian Consumer Law apply. We make no representation or warranty additional to those consumer guarantees.

9 Disclaimer and Limitation of Liability

To the fullest extent permitted by law, under no circumstances will Universal or any of the Universal Entities (including any of their directors, officers, employees, consultants, shareholders) be liable for any unauthorised use of Umusic, the Website, software, Content, products or other goods or services, by you or anyone using your email address, password or other identification.

You expressly acknowledge and agree that Universal is not responsible for and accepts no liability in relation to, any other users of the Service or the Website, the providers of information, content, or ideas to the Service or Website.

You further acknowledge and agree that in no circumstances other than breaches of the Australian Consumer Law will Universal be liable to you for any indirect, incidental, special or consequential losses or damages or for any loss of profits, goodwill, data or opportunity (whether such losses are direct or indirect) of whatever nature howsoever arising. In the event of any breach of the Australian Consumer Law the extent of liability is governed by that Law.

Universal is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website, Umusic or any Content.

The liability of Universal or Universal Entities (including any of their directors, officers, employees, consultants, or shareholders) in connection with goods or services supplied to you is subject to the Australian Consumer Law. Except in the case of a major failure to comply with a consumer guarantee, liability will at the election of Universal be limited to:

  • in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  • in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. For the avoidance of doubt, you acknowledge and agree that your use of the Service and Website does not include the supply of any telecommunications service by Universal, and any liability to re-supply the service or pay the cost of having the service supplied again, does not include the supply of, or payment for, any telecommunications service.

10 Third Party Content and Sites

These Terms of Use do not cover your rights or responsibilities with respect to third party content or web sites or any links that may direct your browser or your connection to third party sites or pages.

Holders of rights to Content provided to Universal are third-party beneficiaries under these Terms of Use and they have the right to enforce the provisions that concern the protection of their intellectual property rights and ownership interests directly against you.

URLs or hyperlinks may appear on Umusic or the Website. We do not endorse or have any responsibility for any such third party or third party sites you may visit or be directed to via a URL or hyperlink on Umusic or the Website. In no event shall we assume or have any responsibility or liability to you for any third party obtaining or collecting personal information from you.

11 Advertising

You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of Umusic or the Website (“Advertisers”). All such contact, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions.

12 Promotions and Marketing

Universal, Universal Entities and our operational service providers, suppliers and Advertisers may conduct competitions or other promotions on or through the Website (“Promotions”). The rules of any Promotion will be deemed to be incorporated into and form a part of the Terms of Use.

If you consent, Universal may send you special offers and news from time to time. You can opt out of receiving such messages by using the unsubscribe facility in the messages.

Users of the website may register for delivery of special offer for Promotions, news, programming and information delivered via mobile phone. You must register to receive this information on the Website or via your mobile phone, and by registering you are giving your consent to receive such information. Standard messaging rates will apply for all messages unless noted otherwise. We are not responsible for any mobile or email charges incurred by you or any other person who has access to your mobile phone, telephone number or email address. We may terminate any of the mobile marketing services at any time without notice.

13 Pop-ups

Pop-ups may be used on the Website to provide you extended information or to inform you about special offers, Promotions, suggestions and so on. If you want to receive such information you will need to set your pop-up blocker (if you have one) to accept pop-ups from the Website. While we will take care to prevent unauthorised pop-ups, we will not be liable for any unauthorised pop-ups which may appear as a result of your use of the Website.

14 Changes to the Terms of Use

We may change the terms and conditions of the Terms of Use from time to time by notice on our Website or by email to you. These changes are effective immediately and by using the Service or the Website after such notice has been given you agree to be bound by them. We may also modify, suspend or withdraw all or any part of the Service or Website, temporarily or permanently, with or without notice to you, and without any liability to you or any other party. If you believe a change to the Service or Website has materially affected your experience, please contact us at contact@Umusic.com.au to discuss your concerns. We reserve the right to charge for access to or use of the Service or Website (or any part of these) in the future, or to require registration at our sole discretion.

15 Term

The Terms of Use remain in full force and effect for as long as you use the Service.

16 Miscellaneous

If any term or condition of the Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and if possible, that term or condition will be deemed amended or construed in such a manner to the extent necessary to render it legal, valid and enforceable.

Any provision of the Agreement which should survive in order to allow us to enforce its meaning and intent shall survive.

You may not transfer or assign the Agreement to anyone else and any attempt by you to do so will be null and void.

No employee, agent or other representative of Universal or a Universal Entity is authorised to make a representation inconsistent with these Terms of Use.

17 Governing Law

The Agreement is governed by the laws of New South Wales except to the extent that the Australian Consumer Law may require otherwise.

Date of last revision: 15 April 2013