This website (the "Website") and it's related services are owned and operated by International Sound Design Group Pty Ltd (trading as Admusic.tv) ABN 40 091 109 992 ("Admusic").
Please read these Terms and Conditions carefully before using the Website.
Admusic reserves the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.
Additional terms and conditions, including the Terms of Sale, may apply to the purchase of goods and services available via the Website. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms and Conditions. If there is any conflict between these Terms and Conditions and the terms applicable to a specific portion of Website or for any good or service offered through the Website, the latter terms will apply with respect to your use of that part of the Website.
You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Website.
When using the Website, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Website, or make any commercial use of the Website, without the prior written permission of Admusic.
You must provide accurate and complete information when logging-in to the Website, update all of your details regularly, keep your login and password details confidential and immediately notify Admusic if you become aware of any unauthorised access to or use of the Website in breach of these Terms and Conditions.
You acknowledge that you are responsible for all use of your log-in and password details whether authorised or not.
Admusic may at any time cancel a username, login details or password with respect to your use of the Website if Admusic considers that such username, login details or password are offensive or infringe any third party’s rights or if you breach any term of these T&Cs.
All intellectual property rights in and to the Website and in content on the Website vest in Admusic or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.
You must not use any Admusic trade marks without the prior written approval of Admusic.
Subject to below, Admusic will not cancel, exchange or refund any component of any purchase you make through the Website.
By making full payment to Admusic in relation to any purchase you make through the Website you confirm any purchase of goods or services and you enter into a binding contract on the terms and conditions set out in these Terms and Conditions in relation to the goods or services you purchase.
Upon receipt of payment by you, Admusic will confirm your purchase by email to the email address you provide to Admusic setting out details relating to your purchase including goods or services (if any) you have purchased and any other relevant information.
You must notify Admusic if you do not receive confirmation of your purchase as contemplated above.
Once you have confirmed a purchase through the Website, cancellation, exchange or refunds will only be made as required by law or as otherwise provided by these Terms and Conditions.
All of Admusic's pricing is inclusive of any applicable goods and services tax, includes the base supply of your purchases and all fees charged to and by Admusic to supply your purchases to you and is subject to change at any time prior to you confirming your purchases.
The Website may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Admusic and Admusic is not responsible for the content of these sites. Admusic makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. When you access such third party sites you do so at your own risk.
The Spam Act 2003 prohibits the sending of Spam. "Spam" is an unsolicited commercial electronic message sent without the consent of the person who receives the message via email, SMS, MMS, instant messaging or similar technologies.
You must not use the Website to transmit, directly or indirectly, Spam or bulk communications that include Spam.
If you use any feature of the Website for the purpose of sending Spam, Admusic reserves the right to immediately terminate your account or access to the Website and to seek appropriate legal recourse, as necessary.
These Terms and Conditions are effective until terminated by Admusic and Admusic may terminate these Terms and Conditions without prior notice to you.
Admusic does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However Admusic does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Website which may be excluded under law, custom or statute.
To the maximum extent permitted by law, Admusic’s liability in respect of any goods or services purchased from or through the Website which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Admusic for that good or service.
Admusic will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Website, even if Admusic has been advised of the possibility of such damages or losses.
Admusic is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Website.
Admusic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Admusic is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Website. Admusic also expressly disclaims any warranty of fitness for a particular purpose.
Admusic reserves the right to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website and to interrupt the operation of the Website or any portion of the Website as necessary to perform maintenance at any time, for any reason and without notice.
Admusic's failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
These Terms and Conditions constitute the entire agreement between you and Admusic regarding your use of the Website, superseding any prior agreements between you and Admusic relating to your use of the Website.
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
Admusic's rights and remedies are cumulative and none of them limits any other remedy or right of Admusic. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.
Admusic may assign its rights under these Terms and Conditions in whole or in part to any other person in Admusic’s absolute discretion.
These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.
Generally, AdMusic.tv collects personal information from you when completing transactions or when you register to be a user of AdMusic.tv, on the AdMusic.tv website. This includes information, which reasonably could be used to identify you including your :
The personal information collected by AdMusic.tv is used to ensure that you can properly use the features of our site, that you are advised of developments on our site, that you are advised of any possible changes or any important information that may occur in relation to your use of our site. AdMusic.tv also uses personal financial information to confirm the identity of users and bill customers for products and services.
Unique identifiers (such as credit card numbers) are collected from you to verify your identity and to process payments. We will not share unique identifier information with third parties without your prior consent. When you make a purchase through the AdMusic.tv system your consent is required to provide your financial or contact information to those third parties necessary to process your transactions with us, such as credit card companies. AdMusic.tv does not store credit card details.
AdMusic.tv will not sell, rent or trade personal information about you to or with third parties without your express permission. AdMusic.tv will only disclose personal information in accordance with this policy, if required to by law or permitted under the Privacy Act.
You have the right to seek access to information that AdMusic.tv holds about you. You also have the right to ask us to correct information about you, which is inaccurate, incomplete or out of date. As an AdMusic.tv account holder, you are able to access or correct your personal information by logging onto our website (http://www.admusic.tv). If you are not a AdMusic.tv account holder, you may access the information that AdMusic.tv may have collected about you by placing your request in writing and sending it to us at firstname.lastname@example.org Please include your phone number and enclose a copy of a form of identification such as a current driver's license or passport with your request. AdMusic.tv's policy is to consider any requests for access or correction within 28 days of receipt.
AdMusic.tv will also ensure that it takes reasonable commercial steps to keep secure any information that we hold about you. AdMusic.tv has security measures, proprietary data protection algorithms, in place to protect the loss, misuse and alteration of the information under our control.
Other matters specific to AdMusic.tv collection and use of personal information online are set out below.
ii. Secure Online Transactions. If you make a purchase through our website we process your credit card details securely over the Internet using an accredited internet payment security system. With the combination of SSL encryption on our website and a secure browser at your end, we take all reasonable measures to ensure that your credit card and personal information are protected when you purchase online. We also recommend that you take appropriate security precautions when accessing the Internet via public Wi-Fi networks or shared computers.
iii. Links to other websites. Sometimes our website contains links to third party websites. We recommend that you review the privacy policies of each site you visit as AdMusic.tv is not responsible for privacy practices of that site.
These Terms of Sale are subject to change without prior notice at any time in AdMusic.tv’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the AdMusic.tv website (“Website”). You should review these Terms of Sale prior to each purchase you make so you are aware of the specific terms applicable to such transaction. If you do not agree with these Terms of Sale, do not make any purchases via the Website.
AdMusic.tv is a company which supplies music to clients including, but not limited to, advertisers, marketers and television commerical producers through an online music composition and production service.
You may submit a creative brief ("Brief") on the Website setting out all information as required by AdMusic.tv including creative directions (including but not limited to style, tempo, lyrical content and length), technical specifications and deadline for submission of Brief.
You will also be required to select from one of the three following rights and payment options ("Payment Options") :
|*||FEE||MEDIA||TERM OF LICENCE|
|1||A$3,000||Online only||12 months|
|2||A$6,000||Any media||12 months|
AdMusic.tv may then send the Brief to music composers ("Composer") who may then compose a musical work based on the Brief ("Music") and create a sound recording of the Music ("Master") for potential use by you.
In order to submit a Brief, you will need to create a user account for the Website ("Account").
AdMusic.tv will notify you if any Masters are submitted in response to your Brief. You will then be able to log in to your Account to listen to and evaluate any Masters. If you elect to purchase a Master, and the underlying Music, you will then be required to pay the Fee as set out below. Once full payment of the Fee is received, you may then request up to two sets of revisions to the Music and the Master, unless you selected the "All Media Plus" rights and Payment Option, in which case you may request unlimited revisions. You will then be able to download a full resolution audio file of the Master according to the specifications set out by you in the Brief.
On payment of the Fee, and subject to the rights of the Australasian Performing Rights Association (“APRA”) or any other performing rights organisation (“PRO”) as set out below, AdMusic.tv grants you an exclusive licence throughout the world to use the Music and the Master as set out in the Brief and for the Media and Term according to the Payment Option selected as set out above. Except as provided for herein, neither you nor AdMusic.tv will reproduce, publish or otherwise exploit the Music and the Master without the written consent of the other.
The rights licensed to you herein do not include any rights owned by APRA. The Composer will be entitled to collect and retain 100% of royalties paid by APRA in relation to the Music.
The Fee must be paid in full before you are able to download the Master. Once full payment has been received by AdMusic.tv you will receive a tax invoice confirming your payment at the email address you have nominated (“Invoice”). If you do not receive the Invoice by email you should contact AdMusic.tv as soon as possible.
AdMusic.tv will pay all amounts due to the Composer from the Fee.
All sales are final. To make a purchase, you must confirm you wish to purchase the license for the Master, and underlying Music, by clicking the “Payment” button when displayed. The transaction is deemed complete upon clicking of the “Payment” button (subject to successful processing of payment). You will not have a right to cancel your contract once you have clicked the "Payment" button, unless the processing of your payment fails.
(a) with the exception of those prior rights vested in APRA, it owns all rights, including copyright, in the Music and the Master;
(b) it has full power and authority to enter into this Agreement and has granted no rights in consistent with this Agreement;
(c) the Music and Master will not infringe the rights of any third party, by way of any uncleared samples, defamation, breach of confidence, or in any other way whatsoever;
(d) the Music and Master will be free from all encumbrances, charges and debts; and
(e) apart from payments to be made to APRA, PPCA or other similar collecting societies, no fees, residuals, royalties or other payments will be payable by you to any third party in respect of the exploitation of the Music or the Master pursuant to this Agreement.
Payment of the Fee may be made via the Website using Paypal. Other forms of payment will not be accepted. By submitting an order through the Website, you authorise AdMusic.tv, or its designated payment provider, to charge the account you specify for the full purchase amount. Transactions will appear on your statement as being from INTERNATIONAL SOUND DESIGN GROUP PROPRIETARY LIMITED.
Unless expressly stated otherwise, all prices displayed on the Website are inclusive of Goods and Services Tax (GST).
AdMusic.tv agrees that it will not disclose, or authorise the disclosure of, the terms of this Agreement, any matter relating to any of the terms of this Agreement or any other confidential information relating to your operations or business or your clients to any other person, except to its professional advisors in confidence, or as it may be required to do so by law.
You acknowledge that the identity and personal details of the Composers will not be published on the Website nor disclosed to you until the Fee is paid.
AdMusic.tv does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However AdMusic.tv does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Website which may be excluded under law, custom or statute.
To the maximum extent permitted by law, AdMusic.tv’s liability in respect of any goods or services purchased from or through the Website which cannot be excluded or restricted is limited to the lesser of :
(i) the replacement of any good or service purchased; and
(ii) a refund of the purchase price paid by you to AdMusic.tv for that good or service.
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