Music For Cause

1. Definitions and interpretation

1.1 Definitions

Administration Fee means $0

Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday in Sydney, New South Wales.

Charity means a charitable organisation recognised by the Australian Taxation Office as being a charitable organisation.

Fee means the amount You pay to download a Song or Video from the Service.

Music for Cause/Our Privacy Statement means the privacy statement located at http://musicforcause.com/privacy.

Service means access to and downloading of Songs or Videos for purchase and any other ancillary services provided by Us through our website http://www.MusicforCause.com together with any other websites owned or operated by Music For Cause Pty Limited or any of our affiliates.

Song means each of the sound recordings of songs available from the Service.

Unacceptable Behaviour Policy means the policy set out at the end of this Agreement.

Us, We, Our means Music for Cause Pty Limited.

Video means each of the audio visual recordings embodying Songs, available from the Service.

You are the person named in the Account Details.

1.2 Interpretation

(a) A reference to a person includes any other entity recognised by law and vice versa.

(b) Headings, underlining, marginal notes and indexes are only included for ease of reference and do not affect interpretation.

(c) A reference to any legislation or legislative provision includes any modifying, consolidating or replacing legislation or legislative provisions from time to time, and includes all regulations, rules and other statutory instruments issued under the legislation.

(d) A reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time.

(e) A reference to “$” or “dollar” is to Australian currency.

(f) Words denoting the singular number include the plural, and vice versa.

(g) Where any word or phrase is given a defined meaning any other grammatical form of that word or phrase has a corresponding meaning.

(h) No rule of construction or interpretation applies to the disadvantage of a party because that party prepared this Agreement.

(i) If any part of this Agreement is void or unenforceable in any jurisdiction, then for the purposes of that jurisdiction if possible, that part is to be read down so as to be valid and enforceable. If this is not possible, and that part does not go to the essence of this Agreement, that part will be severed from this Agreement and the rest of this Agreement continues to have full force and effect so as to give effect to the intention of the parties.

2. Service

2.1 We agrees to provide the Service to You from the date You accept the Agreement, complete the sign-up and account activation process until You delete Your account.

2.2 You may cancel Your use of the Service or terminate this Agreement without cause at any time by deleting Your account at http://www.MusicforCause.com/user_account_delete.php. A terminated account may continue to exist for up to two business days before the cancellation takes effect. If you terminate your account, the balance of your account will be refunded to you via Credit Card/Paypal (as originally paid), less an Administration Fee.

2.3 We may at any time and for any reason, by notice to You by email, terminate the Service, terminate this Agreement, or suspend or terminate Your account. On termination, Your account will be disabled, You will have no access to and no right to use the Service, and You will not be granted access to Your account, or any files, or other information contained in Your account although residual copies of information may remain in our system. You will also forfeit the balance of you account and no refund will be given.

3. Buying a Song or Video

3.1 You agree to pay the Fee when you buy a Song or Video from the Service.

3.2 When You buy a Song or Video from the Service, 50% of the Fee will be donated to a Charity (Donation).

3.3 You can advise us of the Charity You wish to receive the Donation from the list of charities available when asked to make the nomination during the purchase process. Music For Cause will make the Donation on your behalf.

3.4 If You do not nominate a Charity, a Charity will be randomly selected to receive the Donation.

3.5 Unless You are entitled to a refund because We have a liability to you under law (see clause 11) or We otherwise decide that You are entitled to a refund, our policy is that refunds are not available.

4. Your obligations

4.1 You must:

(a) promptly notify Us if You believe or suspect that the Service has been compromised or is being used in a manner that breaches this Agreement;

(b) regularly check the email address provided to Us on sign-up for messages about the Service (or, if You have arranged for emails to be forwarded to an alternate email address, You must check that alternate email address);

(c) provide current, accurate identification, contact, and other information that may be required as part of the sign-up process or continued use of the Service;

(d) ensure Your use of the Service complies with the Unacceptable Behaviour Policy

(e) maintain the confidentiality of Your account password and accept full responsibility for all activities that occur with Your account. Where the current account details or password are provided, We are entitled to assume that the access is by You, or authorised by You, and You indemnify Us completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details or password) to Your account;

(f) only use the Service for personal non-commercial purposes; and

(g) respect the privacy and personal information disclosed by other users and use any personal information disclosed for the purpose for which is was disclosed.

4.2 You must not do, and You must not authorise or encourage any third party to do, any of the following:

prevent other account holders from using the Service;

use the Service for any illegal, fraudulent or inappropriate purpose;

use the Service in any other way that violates any of the items as described in the Unacceptable Behaviour Policy;

alter, remove or otherwise interfere with any permissions applied by another user, including the owners of the copyright in the Songs or Videos;

interfere with or construct Your own system to access the information on the Service; or

act in any way that violates this Agreement.

4.3 You acknowledge and agree to each of the following:

(a) the Service is only provided to You for so long as You continue to have a current and valid account;

(b) the Service may be subject to technical limitations such as downtime for maintenance and third party service availability;

(c) the Service may include user-targeted, content-targeted advertisements and/or non targeted advertisements or other related information, as described in Our Privacy Statement;

(d) the Service is provided on an AS IS and AS AVAILABLE basis and We make no warranties or guarantees in respect of uptime for Your data, content or the Service;

(e) We expressly assumes no responsibility for, without limitation, backing up Your data, damage to Your data;

(f) due to the nature of the Service, We do not promise that it will be continuous, accessible at all times or fault-free; and

(g) We reserve the right to modify, suspend or discontinue any part of the Service with or without notice at any time and without any liability to You.

5. The Service

5.1 You acknowledge that where You upload, download or otherwise cause information to be communicated via the Service all costs (including but not limited to the costs of connection to and use of a Carrier Service as that term is defined in the Telecommunications Act 1997) associated with the communication (Your Costs) are at Your sole expense and We assume no liability and makes no representations impliedly or expressly to assume or contribute in any form towards any Your Costs or any other costs You may incur through Your use of the Service.

5.2 We do not include archiving or back-up services in the Service

5.3 In Our sole discretion, We may not, process any communication or file that is larger than ten (10) megabytes.

5.4 We expressly disavow any and all representation, warranties and claims as to, without limitation, fitness for purpose, merchantability or quality of any goods and service which may be displayed in any advertising on the Service and, to the extent permitted by the law, You acknowledge that You have no entitlement to remedy or claim against us in respect of the accuracy, sufficiency or otherwise of any advertising or goods or services promoted or purchased through the Service.

5.5 We reserve the right at all times to remove or refuse to host, store, distribute or communicate any data or information on the Service.

5.6 We reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to do any of the following:

(a) satisfy any applicable law, regulation, legal process or governmental request;

(b) enforce this Agreement, including investigation of breaches or potential breaches of it;

(c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam);

(d) respond to user requests; and

(e) protect the rights, property or safety of Us, Our users and the public.

6. Security

6.1 You must promptly notify Us of any actual or suspected breach of security related to the Services, including, but not limited to, unauthorised use of Your password or account.

6.2 You are responsible for the security of Your password, log-in or access details or other security measures. You are responsible for all electronic communications and other information entered through or under user IDs, passwords, access numbers or account numbers. You must not disclose any security measures to any other person and must keep those details confidential.

6.3 To help ensure the security of Your password or account, please sign out from Your account at the end of each session.

7. GST

7.1 For the purpose of clause 6:

(a) GST means GST within the meaning of the GST Act;

(b) GST Act means “A New Tax System (Goods and Services) Act 1999” (as amended); and

7.2 To the extent that We makes a taxable supply in connection with this Agreement, except where express agreement is made to the contrary and subject to clause 6, the consideration payable by You under this Agreement represents the value of the taxable supply for which the payment is to be made.

7.3 Subject to clause 7.4 if We make a taxable supply in connection with this Agreement for a consideration which, under clause 7.17.1(c), represents its value, then You must also pay, at the same time and the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.

7.4 The recovery of consideration for any taxable supply made under this Agreement is subject to Us issuing to You a tax invoice in respect of that supply.

8. Intellectual Property Rights.

8.1 You acknowledge that We own all right, title and interest in and to the Service, including without limitation all intellectual property rights (the Music for Cause Rights), and the Music for Cause Rights are protected by intellectual property laws. Accordingly, You must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Service. The Music for Cause Rights include rights to the Service developed and provided by Music for Cause, all software associated with the Service and the brand features. The Music for Cause Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

8.2 We have a licence to sell the Songs and Videos to users of the Service, including You, for the purpose of reproducing to Your media storage device for Your personal use. We are not the owners of the Songs and Videos. All rights in the Songs and Videos remain with the authors and producers of the Songs and Videos and are subject to the Copyright Act 1968.

8.3 We do not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your account. You grant to Us and to all other users of the Service, a licence to use that content, in connection with the Service. You also agree that, in accessing or using content that another user of the Service uploads, transmits or stores, you must agree to respect any conditions that apply to that content, having regard to that user’s classification of that other content, received by you directly from that user. Further, you grant to Us a non-exclusive, royalty-free, irrevocable licence to use, reproduce any content that you introduce to the Service (and warrant that you have the right to do), for the following purposes:

(a) Promotion or marketing of the Service.

(b) Technical development or data testing of the Service.

(d) Compliance with legal or regulatory obligations.

(e) Provision of indexing, searching or cataloguing facilities or services.

(f) Any other purposes notified to you in these terms.

8.4 You must not circumvent, or attempt to circumvent, any Technological Protection Measure that is applied to any other user’s content (whether applied by Us or another person). You must not alter, remove or otherwise interfere with an Rights Management Information applied to another user’s content that is made available through the Service. “Rights Management Information” and “Technological Protection Measure” have the same meaning as those terms as defined in the Australian Copyright Act 1968.

8.5 Where You are not the author of content, You warrant to Us and to each user of that content that, to the extent necessary to allow use of the content in accordance with the Service, the author of the content has consented to any acts of omissions that are allowed by the Service that would, but for the consent, amount to an infringement of the author’s moral rights under the Australian Copyright Act 1968.

9. Privacy

As a condition to using the Service, You agree to the terms of Our Privacy Statement issued or updated during the term of this Agreement.

10. Warranties and indemnity

10.1 You warrant to the best of Your knowledge that the materials and information provided to Us for the purposes of providing the Services:

(a) are true, correct and current;

(b) are able to be disclosed by You;

(d) are able to be legally provided to Us and its disclosure does not breach any law or any obligation (whether of confidence or otherwise) owed to any person;

(e) You have all necessary right, power and authority to enter into the Agreement.

10.2 You acknowledge that You have not relied upon or been induced by any representation by Us and We make no warranty or representation as to:

(a) the results that may be obtained through the Service;

(b) the accuracy, reliability or otherwise of any information obtained through the Service;

(d) whether Your use of the Service is legal.

10.3 You indemnify and keep indemnified Us and our officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon Your use of the Service and any breach of any warranty or other term of this Agreement.

11. Limitation of liability

11.1 To the extent permissible by law We exclude any liability:

(a) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or

(b) for any injury, loss or damage arising out of provision of the Services.

11.2 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide the Service or otherwise arising out of the Service, whether based on contract, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.

11.3 You expressly agree that use of the Service is at Your own risk. To the extent allowed by law, our liability for breach of a term implied into this Agreement by any law is excluded.

11.4 We give no warranty in relation to the Service provided or supplied. Under no circumstances are We or any of our carriers or suppliers liable or responsible in any way to You or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Service including its form, content and timeliness of delivery, including, without limitation, for and in relation to any of the following:

(a) any Service supplied to You;

(b) any delay in supply of the Service;

(d) any technical or non-technical failure; or

(e) any content or information accessed via the Service with or without Your authorisation.

11.5 The Australian Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, our liability (if any) arising from the breach of those conditions and warranties is limited, in our sole discretion, to the supply of the Service again or cost of re-supplying the Service again.

12. Waiver

A failure or delay by Us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any other power or right.

13. Notices

13.1 A notice or other communication connected with this Agreement (Notice) has no legal effect unless in writing.

13.2 In addition to any other method of service provided by law, the Notice may be:

(a) sent by email to the address stated in the Account Details

(b) sent by facsimile to the facsimile number of the addressee in the Account Details;

13.3 If the Notice is sent or delivered in a manner provided by clause 13.2 it must be treated as given to and received by the party to which it is addressed:

(a) if sent by email before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt;

(b) if sent by facsimile before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or

(c) if otherwise delivered before 5.00pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.

13.4 Despite clause 13.3

(a) a facsimile is not treated as given or received unless at the end of the transmission the sender’s facsimile machine issues a report confirming the transmission of the number of pages in the Notice; and

(b) a facsimile is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.

13.5 If a Notice is served by a method which is provided by law but is not provided by clause 13.2, and the service takes place after 5.00pm on a Business Day, or on a day that is not a Business Day, it must be treated as taking place on the next Business Day.

13.6 A Notice sent or delivered in a manner provided by clause 13.2 must be treated as validly given to and received by the party to which it is addressed even if:

(a) the addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or

(b) the Notice is returned unclaimed.

13.7 A party may change its address for service or facsimile number by giving Notice of that change.

14. Dispute resolution

All questions or disputes relating to the Service including these terms should be submitted to Us in writing. We will endeavour to resolve any disputes expeditiously. All interpretations of the terms of Service shall be at Music for Cause's sole discretion. Our error is not a breach of these terms of Service.

15. Governing law

The law in New South Wales, Australia governs this Agreement and the parties submit to the exclusive jurisdiction of the courts in New South Wales.

Unacceptable Behaviour Policy

Prohibited Acts

In addition to those acts listed in the Terms of Use, the following acts are prohibited in using or in connection with the Service:-

Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
Transmit content or use the Service that in the opinion of Music for Cause acting reasonably may be considered harmful to or inappropriate for minors.
Impersonate another person (via the use of an email address or account) or otherwise misrepresent Yourself or the source of any email or communication.
Use Music for Cause to violate the legal rights (such as rights of privacy and publicity) of others.
Promote, encourage or participate in illegal or unlawful activity.
Interfere without cause in the reasonable enjoyment by other Music for Cause' users of the Service.
Create multiple user accounts, create user accounts by automated means or otherwise engage in false, fraudulent, deceptive or misleading conduct in respect of user identity.
Sell, trade, resell, transfer or otherwise attempt to dispose of a Music for Cause' account, or otherwise exploit any content on the Service for any unauthorised commercial purpose.
Modify, adapt, translate, or reverse engineer any portion of the Service.
Remove any copyright, trade mark or other proprietary rights notices contained in or on the Service.
Reformat or frame any portion of any web page that is part of the Service.
Create third party software without the permission of Music for Cause.
Misrepresent Music for Cause or the Service as being associated with content with another website, web service, software service, software or other service without Music for Cause’s prior permission.

Feedback for breach of Terms of Use either in copyright infringement or abuse or any breach should be directed to http://www.MusicforCause.com/help_contact.php.

Spam

You are prohibited from generating or facilitating unsolicited commercial communication (Spam). Such activity includes, but is not limited to

sending communication in violation of Australia's Spam Act 2003 or any other applicable anti-Spam law;
imitating or impersonating another person or email address or Music for Cause' account, or creating false accounts for the purpose of sending Spam;
data mining any web property (including Music for Cause) to find email addresses or accounts;
sending unauthorized mail or communication via open, third-party servers;
sending emails or communication to users who have requested to be removed from a mailing list or Your contact list;
selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and
sending unsolicited emails or communications to significant numbers of email addresses or accounts belonging to individuals and/or entities with whom You have no pre-existing relationship.