Terms Of Use

Save My Musik Pty Ltd ("Save My Musik") is a proprietary limited company based in Sydney Australia, Australian Business Number ("ABN") 89 121 308 594.

This is a legal agreement between you, the potential user of this website ("You") and Save My Musik.

Save My Musik primarily offers an interactive music service. Its components, and all related properties and material including Your personal data are referred to as "Service" for purposes of these Terms of Use ("Terms").

The Service is operated by Save My Musik and is primarily owned or licensed by Save My Musik. Content within the Service may also include materials owned by third parties and posted on this website ("Site") by virtue of a license, grant or some other form of agreement between the third party and Save My Musik.

Your use of the Site and our Service offered on this Site is conditioned on your acceptance without modification of these Terms. Please read these Terms carefully. If you do not agree to these Terms, you should not use our Site and Service. Save My Musik may at its sole discretion modify these Terms at any time and such modifications will be effective immediately upon being posted on this Site. The most current version of these Terms can be accessed through the "Terms of Use" link at the bottom of the Site. You agree to review these Terms periodically, and your continued use of our Site and Service after the posting of modifications constitutes your agreement to be bound by the Terms, as modified.

These Terms constitute a legal agreement ("Agreement") between you and Save My Musik. Use of our Site and Service is also governed by the Save My Musik Privacy Policy and Copyright Infringement Policy, which are both incorporated into this Agreement by this reference. By using our Site and Service, you agree to be bound by this Agreement, whether you are a "User" (which means that you simply browse our Site) or you are a "Member" (which means that you have registered to try and/or use our Service)

You agree to be bound by any changes to this Agreement when you use our Site and Service after any such modification is posted. Any questions or comments regarding, or problems with our Site or Service should be sent to us. Refer to our 'Contact' page for details.

General Terms

You will not attempt to gain access to our Site or Service to which You are not expressly permitted access and You shall not reverse engineer or attempt to reverse engineer any portion of our Site or Service. Save My Musik will prosecute those who illegally threaten our Site or Service. You agree that if any of Your activities conducted in violation of this Agreement are found to disrupt or damage Save My Musik's hardware, software, system or their functions, You will reimburse Save My Musik for system administration costs incurred in repairing the affected systems as well as direct and consequential damages incurred by Save My Musik arising out of Your activities.

Disclaimer of liability and warranties

While Save My Musik does its best to ensure the optimal performance of our Site and Service, you agree that you use our Site and Service and rely on material contained in our Site and Service at your own risk.

Our Site and Service, and all materials in our Site and Service, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Save My Musik DOES NOT WARRANT that our Site and Service is fit for any particular purpose; that the functions contained in the materials in our Site and Service will be uninterrupted; that defects will be corrected; that our Site and Service is free of viruses and other harmful components or that our Site or Service is accurate, error free or reliable.

You acknowledge that Save My Musik, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that Save My Musik is not liable for any defamatory, offensive or illegal conduct or material found in connection with our Site and Service, including such conduct or material transmitted by any means by any other person.

You acknowledge that Save My Musik is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use our Site or Service.

Indemnity

You agree to defend, indemnify and hold Save My Musik and its directors, agents, employees, consultants, representatives and/or assignees harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, legal fees and costs through appeal) relating to, arising out of or resulting from, in whole or in part, any acts or omissions by You, content, materials or information stored, transmitted or received by or for You, that in any way relate to our Site or Service.

Termination

Save My Musik reserves the right to immediately terminate Your use of, or access to, our Site or Service at any time if Save My Musik decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or You have engaged in conduct that Save My Musik considers to be inappropriate or unacceptable.

Time Limitation on Claims

Regardless of any statute or law to the contrary, any claim, cause of action, or demand for arbitration against Save My Musik arising out of or related to this Agreement or use of our Service must be filed within one year of the date upon which You were or should have first been aware of the existence of the grounds for Your claim or cause of action.

Limitation of Liability

Without limiting the above, under no circumstances shall Save My Musik or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

You understand and agree that You use the Site and Service at Your own discretion and risk and that You will be solely responsible for any damages to Your computer system or websites or any loss of data that results from the use of the Site and Service.

Authority

Anyone 13 years old or older is eligible to use our Service. An account for use by a minor must be established by a person over the age of 18 with the legal right to execute this Agreement on behalf of the minor and who guarantees such minor.

You represent and warrant that (1) You are over the age of 18; (2) You have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement; and (3) if You are establishing an account on behalf of a minor or if any contribution is from a minor, You have the legal right to execute this Agreement on behalf of the minor and guarantee such minor's performance of the Terms of this Agreement. These warranties shall survive any termination of this Agreement. You agree to indemnify Save My Musik and its Members against any and all damages and costs, including reasonable fees, arising out of or related to Your breach of the representations and warranties described in the Terms. You agree to execute and deliver documents to Save My Musik, upon Save My Musik's reasonable request, that evidence or enforce Save My Musik's rights under this Agreement.

Reporting Violations of this Agreement

Violations of the terms of this Agreement or similar agreements should be reported to Save My Musik at legal@savemymusik.com. To report potentially infringing use of copyrighted material, please refer to Save My Musik's Copyright Infringement Policy.

Service Terms

Our Service is public beta but available for limited commercial use within the parameters specified in our FAQ.

Whilst it is in Save My Musik's interests to maintain a high level of service, our Service is free to trial under the public beta and Members should note the "Disclaimer of liability and warranties" and "Indemnity" sections in these Terms.

Account Entitlements

Upon successfully registering, your account will be provisioned with a dedicated space on a Save My Musik server where where music legally purchased by You and uploaded by You may be stored. You acknowledge that, by uploading music, You are directing our Service to store the file(s). Save My Musik does not represent or guarantee the Service will successfully upload or support your file(s). You agree that you will not upload music, and will not request that any music be uploaded to your personal account, that infringes the copyright or other intellectual property rights of any third party.

You are entitled to stream your music solely for personal, non-commercial use in accordance with these Terms. You are not granted any resale or commercial or promotional use rights, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition or other material. Any streaming capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners.

Account Access and Conduct

All materials contained in our Service are protected by international trademark and copyright laws. This means that you may only view, upload or stream material from our Service for your own use and you must adhere to our Copyright Infringement Policy attached to these Terms.

You also agree to comply with the following conditions:

You shall maintain your account with up-to-date information;
You shall not record any false, inaccurate or misleading information;
You are responsible for maintaining the confidentiality and security of your account;
You are entirely responsible for all purchases and other activities that occur through your account;
You shall immediately report any unauthorized use of your account to Save My Musik, as well as any other breach of security;
You shall not upload any material that infringes upon any third party's copyright (refer to our Copyright Infringement Policy);
You are prohibited to upload, post, or otherwise transmit any material which is likely to cause harm to Save My Musik, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
You are prohibited to upload or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, racist, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service;
You shall not share your password with any other person;
You shall not assign, sell or transfer your account to any other person; and
You shall not use the Service for any other unlawful purposes.

Registration and Password

You agree that the information that You provide to Save My Musik on registration, at the time of gaining access to our Service and at all other times will be true, accurate, current and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and changes to these Terms.

When you register as a Member you will be asked to provide a password. You are responsible for safeguarding the password and You agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Save My Musik of any unauthorized use of your password by contacting us at legal@savemymusik.com.

Maintenance of Service

Save My Musik shall have no responsibility for and does not guarantee the integrity of Service for material residing on Save My Musik's equipment and/or contracted storage providers. You agree to assume all risk of loss of such data. You agree to hold Save My Musik harmless for any loss of data, whether on Your equipment or through our Service, arising out of or resulting from use of our Service, including use of software provided by Save My Musik. Save My Musik reserves the right to delete your data after the termination of this Agreement.

Availability and Changes

This Service is provided by Save My Musik on an "AS IS" and "AS AVAILABLE" basis and Save My Musik reserves the right to modify, suspend or discontinue the Service in its sole discretion, at any time and without notice. You agree that Save My Musik is and will not be liable to you for any modification, suspension or discontinuance of the Service. We also reserve the right to modify the Terms from time to time without notice. Please review the Terms from time to time so that you will be apprised of any changes. If you have registered as a Member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Save My Musik for your account at the time of registration, or as updated by you as the case may be. If you continue to use the Service after the effective date of the revised Terms, you will have accepted those changes. If you do not agree to the revised Terms, your sole remedy will be to discontinue using the Service.

Reasonable Usage

If, within any month, your total bandwidth usage greatly exceeds the average level of monthly usage of Save My Musik's paid Members you will be in violation of Save My Musik's "Reasonable Usage" policy. For purposes of this policy, "Reasonable Usage" means the total amount of data transferred by your account, as determined by us in our sole discretion. We reserve the right to at anytime enforce this policy in accordance with its terms.

Refund Policy

You are entitled to cancel Your use of our Service at anytime by submitting an email notification to support@savemymusik.com, and cancellation will be effective immediately. Upon cancellation, Save My Musik reserves the right to remove all Your account information and stored files. Save My Musik does not honour any refunds for customers who decide to cancel their use of our Service. In special circumstances, such as continued access troubles, Save My Musik may grant a refund. Refunds are issued on a case-by-case determination and do not apply to Service-wide issues.

Suspension and Cancellation of Access

Save My Musik reserves the right to terminate or suspend your access to our Service, with or without cause, at any time and effective immediately. Reasons Save My Musik may terminate or suspend your account shall include, but are not limited to, the violation of any of Terms, failure to pay for Services, or failure to comply with applicable law.

Copyright Infringement Policy

To protect copyright owners and Save My Musik members, Save My Musik has a strict policy against the infringement of others' intellectual property rights. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of Australian and international laws.

Although Save My Musik will enforce its policies to the extent technically feasible, as a condition to the continued use of our Service as well as a condition precedent You agree that You will not infringe the intellectual property rights of others in any way.

Save My Musik will terminate the account of any Member whom Save My Musik has found to violate its policy against intellectual property infringement. Save My Musik may unilaterally terminate Your use of our Service upon any single act of infringement consummated through the use of our Service or if Save My Musik determines Your use of our Service is harmful to the interests of Save My Musik or others.

Save My Musik will respond to all claims of copyright infringement that meet certain minimum requirements. If, as described below, Save My Musik obtains sufficient knowledge of potentially infringing material or receives sufficient written notice of such violations through use of our Service, Save My Musik will act expeditiously to remove or disable access to such accounts.

If You suspect specific actions that may constitute copyright infringement, but are not the copyright owner or authorised to act on behalf of an owner of any exclusive right(s) that You believe may be infringed, please notify us at legal@savemymusik.com. If You are not the copyright owner or the owner's representative, Save My Musik may not be able to remove the material. Save My Musik will attempt to investigate each report and forward each notice to the appropriate copyright owner, if identified.

If you are the copyright owner or authorised to act on behalf of an owner, please use this guide below to lodge a formal complaint:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send the formal compliant to us at legal@savemymusik.com

Miscellaneous

Consent to Receive E-mail

By using the Site and Service, you consent to receiving email from Save My Musik. These emails will include notices about your account and information concerning or related to the Site or Services. These emails are part of your relationship with Save My Musik.

Privacy Policy

Please review Save My Musik's Privacy Policy. You can find a link to our Privacy Policy at the bottom of the Site. The terms of Save My Musik's privacy policy are incorporated into, and form a part of, these Terms. You understand that through your use of this Service you consent to the collection and use of certain information about your use of the Site and about You all as more fully explained in the Privacy Policy.

Intellectual Property Policy and Rights

Save My Musik respects intellectual property and defends its own intellectual property as well as the intellectual property of the companies and individuals that license content to Save My Musik.

All brand, logo and service names used in this Site and Service which identify Save My Musik or third parties and their products and services are proprietary trademarks of Save My Musik and/or the relevant third parties. Nothing in this Site and Service shall be considered to permit any person any license or right on the part of Save My Musik or any third party with respect to any such image, logo or name.

Site and Service Software

All software that is made available on the Site and Service is the copyrighted work of Save My Musik and/or its suppliers. Your use of any such software is governed by the Agreement. You will not disassemble, decompile or reverse engineer the software. You acknowledge that the software and any accompanying documentation is subject to applicable export laws and regulations of Australia.

User Disputes

You are solely responsible for your interactions with other Save My Musik Members and Users. Save My Musik reserves the right, but has no obligation, to monitor disputes between You and others.

Governing Authority

This Agreement operates to the fullest extent permissible by law.

If any provision of this Agreement is unlawful, void or unenforceable, that provision is considered severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

This Agreement is governed by, and construed in accordance with, the laws of NSW, Australia, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of NSW or, if appropriate, the Australian High Courts for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of our Site and Service, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Acceptance of Terms

You represent that You have carefully read this Agreement, that You understand its contents, and that You have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement. Should you have any questions concerning this Agreement, please contact legal@savemymusik.com.