TERMS AND CONDITIONS

Last updated: 10th August 2018

 

  1. Your Acceptance of Terms and Conditions

The soulcafemusic.com.au network of websites (including soulcafemusic.com.au and the related websites which contain a direct link through to these terms and conditions) (“SOULCAFE MUSIC AUSTRALIA Sites”) is owned and operated by SOULCAFE MUSIC AUSTRALIA PTY LTD (“SOULCAFE MUSIC”). Your access to the SOULCAFE MUSIC Sites is conditional upon your acceptance of, the agreement to and compliance with the terms, conditions, notices, and disclaimers, including the SOULCAFE MUSIC Online Privacy Policy, contained here and elsewhere on the SOULCAFE MUSIC Sites (together, the “Terms and Conditions”). Your use of and access to the SOULCAFE MUSIC Sites constitute your agreement to the Terms and Conditions. SOULCAFE MUSIC reserves the right to amend, update or change the Terms and Conditions at any time without prior notice and you should periodically refer to them.

 

 

  1. Intellectual Property in Content on SOULCAFE MUSIC Sites

The content of the SOULCAFE MUSIC Sites (including copyright works, text, material, software, images, graphics, advertisements, databases, sound recordings, cinematograph films, animation, downloads, e-cards, streaming audio and streaming video) (together, “Content”) is copyright © SOULCAFE MUSIC AUSTRALIA PTY LTD and/or its licensors. All Rights Reserved. You must not modify, adapt, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the Content in any way except as expressly permitted on the SOULCAFE MUSIC Sites. Provided that you keep all Content intact and in the same form as made available by SOULCAFE MUSIC on the SOULCAFE MUSIC Sites, you may, using an industry-standard web browser, temporarily download and view the Content for your personal, non-commercial use but only in the course of browsing the SOULCAFE MUSIC Sites. Otherwise, no part of the content of this site may be reproduced in any form without the written consent of SOULCAFE MUSIC. All rights not expressly granted are reserved by SOULCAFE MUSIC. The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that SOULCAFE MUSIC does not warrant or guarantee and accepts no responsibility for the accuracy or completeness from time to time of any Content for any purpose. Subject to any statutory provisions which may not be excluded by law, SOULCAFE MUSIC will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or its publication, including any action for copyright infringement, trademark infringement or defamation.

 

 

  1. Trade Marks

You must not use any of SOULCAFE MUSIC’s trademarks, including ALIA Records.

 

 

  1. User Licence and Consent

By submitting, posting or placing any information or other material on the SOULCAFE MUSIC Sites (together, “Material”) or accessing the SOULCAFE MUSIC Sites, you grant to SOULCAFE MUSIC a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the Material:

  • use, copy, reproduce, adapt, communicate, transmit, broadcast make available, publish, print, publicly perform or display; and
  • sublicense to any person the unrestricted right to exercise any of these rights.

You warrant that the Material and its use does not infringe any copyright, trademark, patent, design, privacy, confidentiality or any right of any party or any law. You indemnify SOULCAFE MUSIC and any of its assignees or licensees from any claim, liability, loss or damage arising in respect of your breach or alleged breach of this warranty. You will procure that any author of Material, unconditionally and irrevocably, to the fullest extent permitted by law (i) waives in favour of SOULCAFE MUSIC and its licensees and their assigns all of the author’s moral rights; and (ii) consents to any and all acts or omissions of SOULCAFE MUSIC and its Licensees and their assigns which would, but for this consent, infringe any of the author’s moral rights, in relation to all forms of works and other copyright subject matter (both existing and future) howsoever arising anywhere in the world in connection with the Material and its use. Where the law requires SOULCAFE MUSIC and its Licensees and their assigns to specify acts or omissions (or specified classes or types of acts or omissions) to which the author consents, you will procure the author’s consent to the following with respect to the Material: (a) alteration of size, colour and shape; (b) editing and adaptation, including use with other materials and the overlay or superimposition of other materials; (c) digitisation, including communication to the public; and (d) non-attribution of the author. If SOULCAFE MUSIC requests, you shall execute and deliver to SOULCAFE MUSIC any instruments or documents which SOULCAFE MUSIC believes are required to carry out any license, waiver or consent. Any personal information collected on the SOULCAFE MUSIC Sites will be handled in accordance with the SOULCAFE MUSIC Online Privacy Policy.

 

 

  1. Use of SOULCAFE MUSIC Sites

The SOULCAFE MUSIC Sites may contain one or more bulletin board, chat forum or other communication facilities (“Forum”). By using and accessing the SOULCAFE MUSIC Sites or a Forum, you agree that you will not do any of the following:

  • post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Material;
  • post, communicate or transmit Material which violates or infringes the rights of any other person or party or infringes any law;
  • inhibit or restrict any other user from using the SOULCAFE MUSIC Sites;
  • interfere with the computer systems which support the SOULCAFE MUSIC Sites; overload a service; engage in a denial-of-service attack, or attempt to disable a host;
  • post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;
  • access or attempt to access information resources you are not authorised to use;
  • impersonate or falsely represent your association with any person or organisation;
  • attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of a SOULCAFE MUSIC Site, including the use of automated tools;
  • post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising;
  • delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures; or
  • post, download or communicate any file or material posted by another user of a SOULCAFE MUSIC Site if you know, or reasonably ought to know, that the file or material cannot legally be downloaded or communicated in that manner.

It is your sole responsibility to be aware of the lawfulness of the Material. You acknowledge that all Forum communications are public and not private communications. SOULCAFE MUSIC reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violates or allegedly violate any law. SOULCAFE MUSIC reserves the right to remove without prior notice any posting of Material for any reason in SOULCAFE MUSIC’s absolute and sole discretion but is not obliged to do so. You agree and acknowledge that:

  • SOULCAFE MUSIC is not responsible for any content or material in any Forum (including, without limitation, any information, comments and/or advice of any individual or party referred to as a guest or expert whose statements on a Forum are their own);
  • SOULCAFE MUSIC does not authorise or endorse the comments or material of users of a SOULCAFE MUSIC Site or Forum.
  • SOULCAFE may use your personal information that is collected on a SOULCAFE MUSIC Site or Forum for the purposes specified in these Terms and Conditions and will handle this personal information in accordance with the SOULCAFE MUSIC Online Privacy Policy.

Complaints and comments regarding potentially prohibited material on a Forum should be submitted via our email address.

 

 

  1. Third Party Websites

SOULCAFE MUSIC Sites may contain links or references to Internet websites operated by third parties (“Third Party Sites”). SOULCAFE MUSIC provides these links as a courtesy and this should not be interpreted in any way as an endorsement of any Third Party Site. Third Party Sites are not under the control of SOULCAFE MUSIC and SOULCAFE MUSIC is not responsible for the content of any Third Party Site. SOULCAFE MUSIC makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from Third Party Sites.

 

 

  1. Termination

These Terms and Conditions are effective until terminated by SOULCAFE MUSIC and SOULCAFE MUSIC may terminate this agreement and/or your access or membership to the SOULCAFE MUSIC Sites at any time without prior notice to you. In the event that SOULCAFE MUSIC terminates your access to the SOULCAFE MUSIC Sites, you are no longer authorised to access the SOULCAFE MUSIC Sites, however, all restrictions imposed on you, licences granted by you and all SOULCAFE MUSIC’s disclaimers and limitations of liability contained in the Terms and Conditions will survive termination.

 

 

  1. Disclaimer and Limitation of Liability

SOULCAFE MUSIC does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified. However, SOULCAFE MUSIC does exclude all other rights, remedies, conditions and warranties in respect of goods, services and the SOULCAFE MUSIC Sites arising under custom, law or statute which may be excluded. To the fullest extent permitted by law,

  • SOULCAFE MUSIC makes no warranties, either express or implied, regarding the SOULCAFE MUSIC Sites, the Content or any goods or services including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. SOULCAFE MUSIC does not warrant that your access to the SOULCAFE MUSIC Sites, the delivery of the SOULCAFE MUSIC Sites or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or repairable if damaged or impaired.
  • SOULCAFE MUSIC 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, any SOULCAFE MUSIC Site or any Content, or any product or service, even if SOULCAFE MUSIC has been advised of the possibility of such damages or losses.
  • SOULCAFE MUSIC’s liability in respect of any product or service purchased from a SOULCAFE MUSIC Site is limited to the less of (i) the replacement of any product or service purchased; and (ii) the purchase price paid by you to SOULCAFE MUSIC for that product or service.
  • SOULCAFE MUSIC is not liable to you or anyone else in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a SOULCAFE MUSIC Site or a Third Party Site.
 
  1. Indemnity

You indemnify SOULCAFE MUSIC, its licensees and/or assignees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms and Conditions or any other legal obligation.

 

  1. Waiver

SOULCAFE MUSIC’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.

 

 

  1. Assignment

SOULCAFE MUSIC may assign its rights in whole or in part to any person in SOULCAFE MUSIC’s absolute discretion.

 

 

  1. Governing Law

These Terms and Conditions will be governed and interpreted in accordance with laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.