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Terms Of Service

January 2018

Terms Of Service

Welcome to Music Collective.

Before you begin using, registering or browsing the service you must agree to these Terms of Service.

  1. Music Collective is managed by Music Collective, but you understand that we are hosted on third party servers.
  2. We reserve the right to update and change the Terms of service from time to time without notice. We will post the latest change date at the top of these Terms.

LAWFUL PURPOSES

  1. You agree to use Music Collective only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of Music Collective by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to Music Collective. You will not post, email or make available on this network content which infringes the proprietary rights or contractual rights or copyright of any other person.
  2. You must not post or transmit via Music Collective any unlawful, libelous, defamatory, obscene, offensive, scandalous, misleading, fraudulent, threatening, abusive, hateful, discriminatory, violent or harassing material, or any material that constitutes or encourages conduct that would contravene any law.
  3. You agree that you will not be fraudulent or violate another users right’s when writing reviews of users of this site. See more in our Review Policy.
  4. You agree not to use this site to spread viruses or malicious code, for spamming, or to do anything that would be harmful to any person or entity, or violate another’s privacy.
  5. You agree to not use any means to collect or disclose personal data for unlawful purposes, or to access the usernames or passwords of other users.
  6. You agree that you are responsible for the content posted using your user account. You agree to not authorise any third party to contravene the lawful use of this site.
  7. The penalty for failing to comply with any of these terms may be the removal of content and/or the suspension of your account. You will not be entitled to any refund of your subscription payment.

DISCLAIMER

  1. You agree that your use of Music Collective is at your sole risk. The service is provided on an “as is” and “as available” basis. Music Collective makes no warranties about the accuracy, reliability, completeness, or timeliness of the site’s content, services, software, text, graphics and links.
  2. You agree that Music Collective has no liability for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use Music Collective site and content, whether based on warranty, contract, tort, or any other legal tenet, and whether or not Music Collective is advised of the possibility of such damages.  You agree to indemnify and hold harmless Music Collective as an online service provider.
  3. Music Collective is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances.
  4. Music Collective does not warrant that the site will operate error-free or that any of its servers are free of computer viruses or other harmful mechanisms. Music Collective, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warrant of merchantability, fitness for particular purpose and non-infringement.

CONTENT

  1. Content and comments on Music Collective are provided by, and are the responsibility of, the person or people who made such postings. We do not endorse, support, or guarantee the truthfulness, accuracy, or reliability of any the content or comments posted on Music Collective or endorse any of the opinions expressed.
  2. We take reasonable care in linking to other websites but we have no direct control over the content presented in those websites or the availability of those websites.
  3. We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.
  4. We do not endorse or recommend any links to external websites, or third party content, including products and services offered by, from or through those websites or their content.
  5. We endeavour to have Music Collective comply with The Copyright Act 1968 (Cth) and the Copyright Legislation Amendment Act 2004 (Cth). If you believe your copyright has been infringed, submit to us a request to have the material removed.
  6. By posting content on a Music Collective page, you grant us the licence to use, and communicate to the public that content for purposes of publicity for the full term of any rights that may exist in such content. By submitting your pages to be published on this site you agree to allow others to view and share your content. Subject to the foregoing, the owner of such user content placed on any Music Collective page retains any and all rights that may exist in such content. 
  7. You agree to keep your information up to date to facilitate efficient use of the site by others and to respond to direct emails from Music Collective.
  8. Music Collective reserves the right to remove any content on the site, in our sole discretion.

SECURITY

  1. The development and management of Music Collective is coordinated by us, however some interactions with Music Collective occur on systems under the control of third parties.
  2. We strive to protect comments and information you provide on Music Collective. We will use all reasonable endeavours to ensure that your comments and information are not compromised. However, we cannot guarantee that no Harmful Code will enter Music Collective. You should be aware of the risks associated with using websites and take the necessary steps to protect yourself.
  3. You are responsible for the security of your account and password.
  4. We recommend that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.
  5. Take care with your interactions with others contacted through this site. These interactions are your sole responsibility. We cannot and do not confirm each member’s identity.  You are solely responsible for determining the identity and suitability of others with whom you may interact through our services.
  6. We encourage you to take out public liability insurance, but that is at your sole discretion.
  7. We encourage you to report concerns about member activity. Although we will endeavour to address your concerns, you agree that we are not obliged to take any action.

PRIVACY

  1. For more information about how we protect your privacy and personal information, please see our Privacy Policy.
  2. In order to participate in, and contribute to, Music Collective you may be required to register and provide an email address. By doing so you agree that we may from time to time contact you with news, information and promotional material.
  3. We will only use and disclose your personal information to a person, body or other Agency:
  • to provide you with a service that you have requested. You agree for instance that people are able to contact you through Music Collective, although the details are hidden unless you make them public;
  • as authorised by law, for example, if a law enforcement authority or court order lawfully directs us to disclose the information of a user.

GENERAL

  1. You must be 16 years or older to use this service.
  2. You must provide your legal full name, a valid email address and any other information requested in order to complete the sign up process.
  3. Music Collective does not provide refunds unless we have not provided the service stated in our terms.
  4. You have sole responsibility when interacting with others on the site. Our Services provide a platform for members to learn about one another, arrange concerts, engage in activities and communicate with one another. Music Collective is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organisation. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.
  5. Because our services are merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Remember, the Music Collective services are just a platform that enable you to communicate and interact with other people.
  6. Music Collective does not guarantee that the service will meet your requirements, be uninterrupted, timely, secure or error-free, the results from use of the service will be accurate or reliable, the quality of any products, services, information or other material obtained by you through the service will meet your expectations or any errors in the service will be corrected.
  7. You agree that there may be reviews of you or your act, venue or service. We believe in free speech, transparency, and clear communication. Our community is built on trust, and trust comes from honest conversation. Therefore, we ask for reviews that are truthful, clear, and helpful to both the review’s recipient and the wider Music Collective community.
    If you believe, however, any review is in breach of our Terms of Service  (see terms 3. and 4. above for instance) or our Privacy Policy, it is your responsibility to submit in writing the reasons for your belief. We may act based on your concern, but you agree that we are not obliged to.
  8. These Terms of Use are governed by the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.
  9. If any of these Terms of Service are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.
  10. We may revise these Terms of Service from time to time.
  11. Please contact us if you have any questions, problems or feedback regarding our site.

CHANGES TO THE SERVICE

  1. Music Collective reserves the right at any time to modify or discontinue, temporarily or permanently, the service with or without notice.
  2. Prices of all services are subject to change with 30 days notice from us via posting on the website or email.
  3. We will not be liable to you or any third party for any loss arising from any modification, price change, suspension or discontinuation of the service.

DEFINITIONS

  1. You and Your means the user of Music Collective.
  2. Our, Us, We, the site and the service means Music Collective.
  3. Harmful Code – Any form of harmful surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware.