Undiscovered.com.au is a community website that allows Members to create a personal profile, upload their music and interact with other Members. The service offered by Undiscovered.com.au ("Undiscovered.com.au" or "we") is the undiscovered.com.au website (the "Undiscovered Website"). The Undiscovered Website is hosted in Australia.
Undiscovered.com.au may modify this Agreement from time to time and such modification shall be effective upon posting by Undiscovered.com.au on the Undiscovered Website. You agree to be bound to any changes to this Agreement when you use the Undiscovered Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Undiscovered.com.au and that you provide to other Users. Undiscovered profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Undiscovered.com.au Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Undiscovered.com.au assumes no responsibility or liability for this material. If you become aware of misuse of the Undiscovered Website by any person, please contact Undiscovered.
Undiscovered.com.au reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Undiscovered Website at any time, for any or no reason, with or without prior notice, and without liability. Undiscovered.com.au expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Undiscovered Website if Undiscovered.com.au determines, in its sole discretion, that you pose a threat to Undiscovered.com.au and/or its Users.
- Eligibility. Use of and Membership in the Undiscovered Website is void where prohibited. By using the Undiscovered Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Undiscovered Website does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the Undiscovered Website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Undiscovered.com.au may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that Undiscovered.com.au reserves the right to charge for the Undiscovered Website and to change its fees from time to time in its discretion. If Undiscovered.com.au terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will be sent a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Undiscovered.com.au immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The Undiscovered Website is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Undiscovered.com.au. Illegal and/or unauthorized use of the Undiscovered Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Undiscovered Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Undiscovered Website.
- Proprietary Rights in Content on Undiscovered.com.au.
- Undiscovered.com.au does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Undiscovered Website. After posting your Content to the Undiscovered Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Undiscovered Website, you hereby grant to Undiscovered.com.au a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Undiscovered Website.
- Without this license, Undiscovered.com.au would be unable to provide the Undiscovered Website. For example, without the right to modify Member Content, Undiscovered.com.au would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Undiscovered.com.au could not allow Users to listen to music posted by Members. The license you grant to Undiscovered.com.au is non-exclusive (meaning you are free to license your Content to anyone else in addition to Undiscovered.com.au), fully-paid and royalty-free (meaning that Undiscovered.com.au is not required to pay you for the use on the Undiscovered Website of the Content that you post), sublicensable (so that Undiscovered.com.au is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Undiscovered Website), and worldwide (because the Internet and the Undiscovered Website are global in reach). This license will terminate at the time you remove your Content from the Undiscovered Website. The license does not grant Undiscovered.com.au the right to sell your Content, nor does the license grant Undiscovered.com.au the right to distribute your Content outside of the Undiscovered Website.
- You represent and warrant that: (i) you own the Content posted by you on or through the Undiscovered Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Undiscovered Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Undiscovered Website.
- The Undiscovered Website contains Content of Undiscovered.com.au ("Undiscovered.com.au Content"). Undiscovered.com.au Content is protected by copyright, trademark, patent, trade secret and other laws, and Undiscovered.com.au owns and retains all rights in the Undiscovered Website Content. Undiscovered.com.au hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Undiscovered.com.au Content (excluding any software code) solely for your personal use in connection with viewing the Undiscovered Website.
- The Undiscovered Website contains Content of Users and other Undiscovered.com.au licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Undiscovered Website.
- Content Posted.
- Undiscovered.com.au may delete any Content that in the sole judgment of Undiscovered.com.au violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Undiscovered.com.au assumes no responsibility for monitoring the Undiscovered Website for inappropriate Content or conduct. If at any time Undiscovered.com.au chooses, in its sole discretion, to monitor the Undiscovered Website, Undiscovered.com.au nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through the Undiscovered Website, and any material or information that you transmit to other Members and for your interactions with other Users. Undiscovered.com.au does not endorse and has no control over the Content. Content is not necessarily reviewed by Undiscovered.com.au prior to posting and does not necessarily reflect the opinions or policies of Undiscovered.com.au. Undiscovered.com.au makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Undiscovered Website. Undiscovered.com.au reserves the right to investigate and take appropriate legal action against anyone who, in Undiscovered.com.au’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Undiscovered Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Undiscovered.com.au:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Undiscovered Website and through your use of the Undiscovered Website. Undiscovered.com.au reserves the right to investigate and take appropriate legal action against anyone who, in Undiscovered.com.au 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Undiscovered Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Undiscovered Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Undiscovered.com.au reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Undiscovered.com.au deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Undiscovered Website you acknowledge that you will have caused substantial harm to Undiscovered.com.au, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Undiscovered.com.au $50 for each such unsolicited email or other unsolicited communication you send through the Undiscovered Website;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Undiscovered Website or the networks or services connected to the Undiscovered Website;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Undiscovered Website in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Undiscovered Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the Undiscovered Website in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Undiscovered.com.au to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Undiscovered.com.au by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Undiscovered Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Undiscovered Website; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, 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. Undiscovered.com.au’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Studio 202, 8 Clarke Street, Crows Nest NSW 2065, Australia.
- Member Disputes. You are solely responsible for your interactions with other Undiscovered.com.au Members. Undiscovered.com.au reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. Undiscovered.com.au is not responsible for any incorrect or inaccurate Content posted on the Undiscovered Website, whether caused by Users of the Undiscovered Website or by any of the equipment or programming associated with or utilized by the Undiscovered Website. Profiles created and posted by Members on the Undiscovered Website may contain links to other websites. Undiscovered.com.au is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Undiscovered.com.au. Inclusion of any linked website on the Undiscovered Website does not imply approval or endorsement of the linked website by Undiscovered.com.au. When you access these third-party sites, you do so at your own risk. Undiscovered.com.au takes no responsibility for third party advertisements which are posted on the Undiscovered Website, nor does it take any responsibility for the goods or services provided by its advertisers. Undiscovered.com.au is not responsible for the conduct, whether online or offline, of any User of the Undiscovered Website. Undiscovered.com.au assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Undiscovered.com.au is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Undiscovered Website, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Undiscovered Website. Under no circumstances shall Undiscovered.com.au be responsible for any loss or damage, including personal injury or death, resulting from use of the Undiscovered Website, attendance at an Undiscovered.com.au event, from any Content posted on or through the Undiscovered Website, or from the conduct of any Users of the Undiscovered Website, whether online or offline. The Undiscovered Website is provided "AS-IS" and as available and Undiscovered.com.au expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Undiscovered.com.au cannot guarantee and does not promise any specific results from use of the Undiscovered Website.
- Limitation on Liability. IN NO EVENT SHALL UNDISCOVERED.COM.AU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF UNDISCOVERED.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDISCOVERED.COM.AU’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UNDISCOVERED.COM.AU FOR THE UNDISCOVERED SERVICES DURING THE TERM OF MEMBERSHIP.
- Disputes. If there is any dispute about or involving the Undiscovered Website, you agree that the dispute shall be governed by the laws of Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in Australia.
- Indemnity. You agree to indemnify and hold Undiscovered.com.au, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Undiscovered Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Undiscovered Website causes Undiscovered.com.au to be liable to another.
- Other. This Agreement is accepted upon your use of the Undiscovered Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Undiscovered.com.au regarding the use of the Undiscovered Website. The failure of Undiscovered.com.au to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.