Discurio Pty Ltd (CAN 92 731 473 190) operates the Discurio online music service. Your access to and use of the Service is subject to these Terms of Use.
1. Your Agreement with Discurio
These Terms of Use (which incorporate our Account Holder Terms of Use, [Music Download Rights] and Privacy Policy, collectively, the "Agreement"), as amended or revised by us from time to time, form a legally binding agreement between you and Discurio. The Agreement governs the provision of all the services, content, information, features, functions and activities offered by us to you in connection with the Website and Service. Your Agreement with us does not cover your rights or responsibilities with respect to third party content or web sites or any links that may direct your browser or your connection to third party sites or pages.
2. Acknowledgement
By accessing or using the Service or Website you acknowledge that you have read and understood and agree to be bound by the Agreement. You waive any rights to contest the validity or enforceability of the Agreement or make any claim against us that is inconsistent with it.
3. Signing Up to Discurio
You do not have to sign up to visit the Website. However, in order to access most of the services, features and functions available, you must register an account with us, as detailed in the Account Holder Terms of Use (which forms part of the Agreement). You may be required to provide certain personal information when you register or when you use the Service, Software or the Website, whether you are a visitor or an Account Holder. We will use your personal information in accordance with our Privacy Policy (which you can access at www.discurio.com.au), which describes the information we collect, use, manage, store and disclose.
4. Intellectual Property
Content
"Content" means all content including music, audio, video, text, illustrations, images, photographs, animations, data, information, software, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectible elements of the Service, Software and Website, tangible or intangible, including the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in other intellectual property which you may encounter in connection with Discurio, the Website or the Software.
Using the Content
Your use of the Content is subject to the Agreement and you may not directly or indirectly reproduce, modify, display, broadcast, perform, transfer, distribute or use Content in any manner that is inconsistent with the Agreement or any laws or regulations that apply. You agree only to copy, record, play back and download Content for which you have the necessary authorisation, permissions and licences.
Discurio, the Website, the Software and all Content are provided solely for your non-commercial, non-exclusive personal use. Your rights are non-assignable, non-transferable and limited to those specifically and expressly granted to you by us. You must not alter, delete, or conceal any copyright or other notices. You must not, nor will you allow any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party or otherwise use, any Content without the express prior written consent of Discurio or the owner of such Content Nothing must be construed as assigning, transferring or granting to you, any right, licence or interest in or to Discurio, the Content, the Website or any Software, except for the specific, restricted and limited rights granted to you under the Agreement. Any use of Discurio, the Content, the Website or any Software that is not expressly permitted under the Agreement is strictly prohibited.
Warranties and Exclusions
Content may contain inaccuracies or errors and we make no representations about the accuracy, reliability, completeness, or timeliness of any Content obtained using Discurio, the Website or any Software. You acknowledge and agree that your use of Discurio, the Software and the Website is solely at your own risk. You may also be able to use Discurio to import files you have legally obtained elsewhere, and you may be able to use Discurio or the Software to play them. We cannot and do not warrant Discurio or the Software will successfully import, play or support such files. You must ensure you have the right to use and play such files and content, independent of the Agreement, which does not grant you any rights in them.
Indemnity
If you breach any copyright, intellectual property rights or any other laws or regulations, there may be penalties, civil consequences or criminal charges brought against you. You acknowledge and agree that you will indemnify and hold Discurio, as well as their Content providers, distributors, licensors and respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, investigations, actions, losses, damages, costs and expenses resulting from improper or unauthorised use of any Content or breaches of the Agreement.
Third Party Content
You acknowledge and agree that holders of rights to Content provided to Discurio are third-party beneficiaries under these Terms of Use and they have the right to enforce the provisions that concern the protection of their intellectual property rights and ownership interests directly against you.
5. Your Responsibilities
You must not use or allow others to use Discurio, the Software or the Website in any manner that may:
6. Disclaimer and Limitation of Liability
The Website, Service, Content and Software are provided by Discurio in good faith. To the best of Discurio’s knowledge, the information is accurate and current. However, Discurio do not make any representation or warranty as to the accuracy completeness of the information. To the fullest extent permitted by law, Discuriodisclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Discurio makes no warranty that the Service, Website, Content, or any information or ideas contained therein, or any goods or services provided to you by Discurio will meet your requirements.
You expressly acknowledge and agree that:
7. Indemnity
You agree to indemnify and hold Discurio harmless from any claim made by any third party due to or arising out of your use of the Service, Content, Software or Website, the breach of the Agreement by you, or the infringement by you, or other users of the Service or Website using your membership account, of any intellectual property or other right of any person or entity. We reserve the right to assume, at our expense, the exclusive defence and control of any such claim and all negotiations for the settlement of any such claim, and you agree to fully cooperate with us in the defence of any such claim, or settlement negotiations.
8. Third Party Sites
URLs or hyperlinks may appear on the Website. We do not endorse or have any responsibility for any such third party or third party sites you may visit or be directed to via a URL or hyperlink on the Website. In no event shall we assume or have any responsibility or liability to you for any third party obtaining or collecting personal information from you.
9. Advertising
You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Website ("Advertisers"). All such contact, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions.
10. Promotions
Discurio and our operational service providers, suppliers and Advertisers may conduct competitions or other promotions on or through the Website ("Promotions"). The Rules of any Promotion will be deemed to be incorporated into and form a part of the Agreement.
11. Pop-ups
Pop-ups may be used on the Website to provide you extended information or to inform you about special offers, Promotions, suggestions and so on. If you want to receive such information you will need to set your pop-up blocker (if you have one) to accept pop-ups from our Website. While we will take care to prevent unauthorised pop-ups, we will not be liable for any unauthorised pop-ups which may appear as a result of your use of the Website.
12. Term
Your Agreement with Discurio remains in full force and effect for as long as you use the Service. If you breach (or we reasonably believe you have breached or are attempting to breach) the Agreement, we may deactivate, cancel, suspend or terminate your use of the Service and Website without notice to you. We may declare any fees then due to be immediately payable in full and such deactivation, cancellation, suspension or termination will be without any liability or further obligation of ours of any kind whatsoever to you or any other person. You will not be entitled to a refund of any amounts you have previously paid. You will continue to be bound by and required to comply with your obligations under the Agreement in the event that your use of the Service or Website is suspended or deactivated. You must also continue to comply with any obligations under the Agreement that survive the termination or cancellation of the Service or Website.
13. Changes to the Agreement
We may change the terms and conditions of the Agreement from time to time by written notice on our Website or by email to you. These changes are effective immediately and by using the Service or the Website you agree to be bound by them. We may also modify, suspend or withdraw all or any part of the Service or Website, temporarily or permanently, with or without notice to you, and without any liability to you or any other party.. We reserve the right to charge for access to or use of the Service or Website (or any part of these) in the future, or to require registration at our sole discretion.
14. Miscellaneous
The Agreement may only be changed as specifically set forth in these Terms of Use. If any term or condition of the Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and if possible, that term or condition will be deemed amended or construed in such a manner to the extent necessary to render it legal, valid and enforceable. Any provision of the Agreement which must survive in order to allow us to enforce its meaning and intent shall survive, provided that no action arising out of the Agreement or your use of the Website or any Content, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have. You may not transfer or assign the Agreement to anyone else and any attempt by you to do so will be null and void. The Agreement is the complete, exclusive and entire statement of the terms and conditions, rights and obligations, agreements, understandings and undertakings between you and Discurio regarding its subject matter and supersedes any and all prior or inconsistent understandings, discussions, communications, written, oral or otherwise.
15. Governing Law
The Agreement is governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts. You acknowledge and agree that the Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. These Terms of Use were last modified on 3. October 2007 and are effective immediately.
1. Introduction
This is the Account Holder Terms of Use ("Account Holder Terms of Use") for Discurio Pty Ltd (ACN 92 731 473 190). When you sign up and become an Account Holder (as detailed in clause 4 below), or otherwise use any activity, service, feature or function available only to Account Holders, you are agreeing to be bound by and comply with all the terms and conditions of these Account Holder Terms of Use.
2. Your Agreement with Discurio
These Account Holder Terms of Use contain the terms, conditions, rights and obligations that apply to you, your registration and status as an Account Holder and your use of the Service, the Website and the Content in connection with your registration. These Account Holder Terms of Use are incorporated into and form part of the Terms of Use (available at (www.discurio.com.au), as amended or revised by us from time to time. Any terms that are not defined in these Account Holder Terms of Use have the meaning defined in the Terms of Use. The term "use" in these Account Holder Terms of Use also refers to your registration in and use of the Website as an Account Holder.
3. Customer Acknowledgement
By becoming an Account Holder you acknowledge that you have read and understood and agree to be bound by these Account Holder Terms of Use. You waive any rights to contest the validity or enforceability of the Agreement or make any claim against us that is inconsistent with it.
If you do not accept and agree to all the terms and conditions of these Account Holder Terms of Use or any aspect of the Agreement, you must not sign up, or if you are already an Account Holder, terminate your registration by contacting us at info@discurio.com.au and you must not engage in any activities or use any of the features or functions of the Website that are only available to Account Holders.
4. Signing Up
The term "Account Holder" means anyone who has signed up to the Service and has obtained a User ID to log into the Service. To become an Account Holder you must complete the registration process. Each Account Holder will have a unique User ID, which is the email address and confidential password you provide (or we may assign an initial password which you may change later) when you register ("User ID"). We may provide Account Holders with additional codes or passwords necessary to access and use certain features or functions of the Service or the Website.
You may also be required to submit your first and last name, date of birth and your postcode and we may also require you to provide additional information for security or identity verification purposes. We may also ask you to provide us with information about yourself which is optional, but will enable us to customise the experience for you. We will indicate what information is required and what information is optional. The information you provide to us in the registration process, as well as any information you provide during the course of using the Website as an Account Holder is "Account Holder Information."
Your User ID is personal to you. You may change your User ID, update your Account Holder Information and any personal information you have given us, however, certain personal information, such as your date of birth, cannot be changed unless you contact us at info@discurio.com.au and provide sufficient verification that your date of birth entry was mistakenly entered.
You must become an Account Holder in order to download music and use many of the services, features and functions available on the Website. Details of these aspects of the Service are provided later in these Account Holder Terms of Use.
5. Your Account
As an Account Holder you may set up a profile by giving us certain additional information, which we will refer to as your "Account." You must have an Account in order to purchase music and use certain features and functions of the Service and Website. Account Holders are allowed to transfer Content to their personal computer, transfer Content from their personal computer to certain enabled and compatible portable devices, and burn downloads to CDs, in accordance with our Music Download Rights.
You are prohibited from sharing downloads with or enabling or allowing the sharing of downloads with any other person.
6. Fees
You authorise us to bill you for all purchases you make and for any other fees and charges you incur in connection with the Service. You must pay all fees and charges incurred in connection with your User ID (including any applicable taxes) at the rates and charges in effect and applicable when the fees and charges were incurred. All fees and charges are non-refundable.
You must notify Discurio of any discrepancies which appear on your invoice or billing statement within 60 days, otherwise billed amounts will be deemed to have been accepted by you. Discurio is not responsible for any error or discrepancy that is not reported within 60 days of its first appearance on your invoice or billing statement.
You must pay Discurio all reasonable solicitor-client legal fees and other relevant costs we incur to collect any overdue amounts from you. Your registration and Account Holder status may be cancelled and/or deactivated without notice if any payment is overdue. You must pay any outstanding balance in full within 10 days of any such suspension, cancellation, deactivation or termination.
The fees, charges and payments described in these Account Holder Terms of Use, do not include taxes, duties, government levies and other charges imposed by a taxing or other regulatory authority relating to your use of the Website other than Australian GST. You are solely responsible for paying all such charges. The fees are inclusive of any goods and services or value-added tax imposed in respect of the supplies to which those fees relate (GST). To the extent that any other supply made under or in connection with the Agreement is a taxable supply, the consideration for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply.
We reserve the right to change the prices, rates, charges, fees and billing methods currently applicable at any time, including without limitation, the addition of supplemental fees or separate charges for content, products, goods or services, effective 10 days after we post them on the Service.
7. Payment
You must designate an authorised credit, charge or debit card when you purchase music, and for billing and payment of fees. You must also provide us with additional billing and payment information including your name as it appears on the card and your billing address. We accept VISA®, MasterCard® and American Express®. Your payment information, including your billing address, must be located within Australia otherwise it will be rejected.
You warrant that you are the credit, charge or debit card holder or that you have the authority of the credit, charge or debit card holder to use the credit, charge or debit card.
8. Intellectual Property
Please refer to clause 4 of the Terms of Use.
9.Equipment
You must ensure that your computer and devices, hardware and software ("Equipment") can connect to the Internet and are compatible with Windows Digital Rights Management. We make no representation or warranty that any Equipment, including portable devices, will be compatible with the Website. We are not liable and will not refund any purchases should your Equipment be incompatible. Please contact your Equipment supplier or manufacturer if in doubt.
10. Warranties and Limitation of Liability
Subject to clause 6 of the Terms of Use, the following supplemental limitations on our warranties and our liability also apply to these Account Holder Terms of Use.
To the fullest extent permitted by law, we make no representation or warranty that the Service, or anything associated with the Service, will function, be available or accessible at all times or at any particular time or will operate as described. We make no other representations or warranties, express or implied, in connection with the subject matter of these Account Holder Terms of Use, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or title.
To the fullest extent permitted by law, under no circumstances will Discurio be liable for any unauthorised use of the Website, Software, Content, products or other goods or services, by you or anyone using your User ID, email address, password or other identification.
13. Indemnity
Please refer to clause 7 of the Terms of Use.
14. Security
You must maintain the confidentiality of your User ID and you agree to immediately notify us if you become aware of, or believe there is or may have been, any unauthorised use of your User ID. You are solely responsible for any and all activity, behaviour, use or financial obligations that arise and all expenses, damages, liabilities and losses we incur unless and until you notify us that your User ID may have been compromised.
We have the right to disclose your personal information, including your Account Holder Information to any authority, government official, credit reporting agency or third parties for the purpose of administering the Website or in connection with any investigation, proceeding or claim arising from any illegal action or infringement arising from your use of the Website.
15. Marketing on Your Mobile
Account Holders may register for Promotions, news, programming and information delivered via your mobile phone. You must register to receive this information on the Website or via your mobile phone, and by registering you are giving your consent to receive such information. Standard messaging rates will apply for all messages unless noted otherwise. We are not responsible for any mobile email or text messaging charges incurred by you or any other person who has access to your mobile phone, telephone number or email address.
We may terminate any of the mobile marketing services at any time without advance notice, and we may notify you of terminations or changes in services on the Website as we do with other changes described in the Agreement.
16. Termination by You
You may terminate your registration, subject to the payment of all amounts outstanding, by notifying us at info@discurio.com.au with your User ID information.
17. Suspension or Termination by us
We may do either of the following, in whole or in part, at our sole discretion and without prior notice to you
If you breach (or we reasonably believe you have breached) the Agreement, or if we determine (or have reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of the Service or the Website without notice to you and declare all fees that are outstanding to be payable immediately. We will have no further obligation to you and you will not be entitled to a refund of any fees you have previously paid
Except as specifically provided for in the Agreement, upon termination, suspension, deactivation or cancellation, you will not be entitled to compensation, damages, or a refund of any monies previously paid, nor will you be relieved of any obligation you agreed to or incurred. Any and all amounts due or becoming due on the date of such termination, suspension, deactivation or cancellation will be or become payable by you immediately.
These Account Holder Terms of Use were last modified on 20 November 2008 and are effective immediately.