1. Your Agreement with Discurio
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
4. Intellectual Property
"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.
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
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:
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.
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.
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.
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.
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.
15. Governing Law
2. Your Agreement with Discurio
3. Customer Acknowledgement
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 firstname.lastname@example.org and provide sufficient verification that your date of birth entry was mistakenly entered.
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.
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.
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.
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
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
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.
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 email@example.com 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.