These terms and conditions of use (Terms and Conditions) constitute a legal agreement between you and EveryOneBand (we, us, our) and govern your use of the EveryOneBand project platform and website (Project Platform) described below.
These Terms and Conditions apply to all users of the Project Platform, including users who are also contributors of Content. Please read carefully.
1.1 To use the Project Platform you must first agree to these Terms and Conditions.
1.2 If you do not accept these Terms and Conditions, you are not entitled to use the Project Platform. You accept the Terms and Conditions by clicking to agree where this option is presented.
1.3 You agree to comply with these Terms and Conditions and any applicable law.
1.4 We may modify these Terms and Conditions by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and us. If you do not agree to the changes, you must notify us and cease your use of the Project Platform. Your continued use of the Project Platform is your acceptance of the changed Terms and Conditions.
1.5 If you are under 18 years of age, you must have your parents or legal guardian’s permission to use the Project Platform
2 Use of the Project Platform
2.1 We reserve all other rights not expressly granted in the Terms and Conditions.
2.2 In order to access certain features or services provided through the Project Platform, you may be required to provide information about yourself; such as your name, email address and post code. You agree that any such information you provide to us will always be accurate, complete and current at all times.
2.4 You agree that you will not (i) engage in any activity that interferes with or disrupts the Project Platform (or the servers and networks which are connected to the Project Platform), (ii) use the Project Platform to transfer or upload Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any Content provided through the Project Platform in a way that interferes or disrupts any servers, networks, or websites operated by us or any third party or (iv) in any other manner misuse the Project Platform or use the Project Platform other than for the intended purpose.
2.5 You agree that you will not (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Project Platform, (iii) use the Project Platform to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter our or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Project Platform.
3 Copyright and Royalties
3.1 As part of the Project Platform, you may upload your contribution to the EveryOneBand project in a digital file, which may include vocals and/or instrumentation (Content).
3.2 You assign all of the copyright in your Content to IS Music Pty Ltd (obo EveryOneBand) and acknowledge that as a result:
a. we have the right to copy, reproduce, communicate to the public, distribute, prepare derivative works of, modify and adapt your Content – even for commercial purposes – in any and all media and distribution methods on a worldwide royalty-free basis;
b. the Content uploaded by you may be used freely by us, including in marketing of the Project Platform or us, as well as being included in the music, songs and Content of other users – even for commercial releases;
c. that your Content may be modified by other users of the Project Platform without your prior approval; and
d. that you will not be entitled to any co-writer credit or any royalties or other payments arising as a result of our exploitation of your Content.
3.3 You agree to and warrant that the Content is created, owned or duly licensed by you and that we do not need the permission or license from any third party to use the described rights. You may not upload Content that contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the permission from the rightful owner of the material.
3.4 By uploading Content you further – to the extent permitted by law – waive any moral rights that may be vested in you as creator.
3.5 We respect the intellectual property rights of others and expects users of the Project Platform to do the same. We will respond to notices of alleged copyright infringement that are properly provided.
3.6 If you believe or suspect that Content on the Project Platform is in breach of the Terms and Conditions or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner.
3.7 All Recording royalties received as a result of the exploitation of music created for the EveryOneBand project will be collected by IS Music or its representatives (obo EveryOneBand) and will be donated in full to Support Act. Information about Support Act is available here – http://supportact.org.au/.
3.8 IS Music Pty Ltd will make public on the EveryOneBand website all recording royalties received by and its representatives in respect of the EveryOneBand project at appropriate times over the course of the EveryOneBand project.
4 Our licence to you
4.1 After joining the band you’ll be sent a link by us via email. This link will give you access to our ‘Resources’ page where you’ll be able to download backing tracks, stems, string and brass arrangements etc. (EveryOneBand Materials).
4.2 We grant you a non-exclusive licence to use the EveryOneBand Materials for the purposes only of use in conjunction with the creation of your Content for the EveryOneBand project.
5 Provision of the Service
5.1 We reserve the right to modify, suspend or discontinue the Project Platform (or any part of features thereof), at any time without prior notice to you. We are not liable to you or any third party should we exercise such rights.
5.2 We reserve the right to immediately discontinue the Project Platform or relevant part thereof without any prior notice to you.
5.3 The use of your Content is entirely at the discretion of us and we reserve the right to not use your Content for the EveryOneBand project or otherwise.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from your use of the Project Platform, including your downloading, uploading, installation, or use of any products or Content, or your violation of these Terms and Conditions.
7 Warranty disclaimer
7.1 You expressly understand and agree that your use of the Project Platform and any products or content downloaded or otherwise obtained through the use of the Project Platform, including the EveryOneBand Materials, is at your sole risk and that the services are provided “as is” and “as available” without warranties of any kind, either express or implied, including any implied warranties terms and conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, with respect to any products or content downloaded or otherwise obtained through the services as well as the Project Platform itself, to the maximum extent permitted by applicable law. you may have additional consumer rights under your local laws that these terms of services cannot change.
7.2 Your use of the Project Platform and any products or content downloaded or otherwise obtained through the use of the Project Platform is at your own discretion and risk and you are solely responsible for any damage to your computer system, mobile device, or other device, or loss of data that results from such use.
8 Limitations of Liability
8.1 Subject always to section 8.2, you expressly understand and agree that we shall not be liable to you under any theory of liability (whether contract, tort including negligence or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, loss of income, business or profits that may be incurred by you through your use of the Project Platform or any products or content downloaded or otherwise obtained from us, including any loss of data.
9.1 We may assign, transfer, sell or otherwise dispose our rights and obligations under these Terms and Conditions, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.
9.2 We may notify you with respect to the Project Platform by sending an e-mail message to the e-mail address provided by you or by a posting on the Project Platform. Notices shall become effective immediately.
9.3 These Terms and Conditions and the use of the Project Platform are governed by the laws of New South Wales, Australia.