Terms & Conditions

Please read these terms and conditions carefully as they contain important provisions, including ones that limit our liability.

Terms & Conditions

These terms and conditions (the “Terms”) govern your use of the Website. Incorporated into the Terms are:

The Privacy Policy and

any other policies or instructions, such as Submission Guidelines, that appear on the Website.
By continuing to use the Website or undertaking any transaction on the Website, you will be acknowledging that you have read and agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use the Website. Please note that we may update these Terms from time to time. We will notify you if we do that. Once notified, if you continue to use the Website you are deemed to have accepted the revised Terms

Dictionary

Words and phrases used in this Agreement bear the following meaning:

“Agreement” means this agreement including the Terms;

“APRA” means the Australasian Performing Right Association and includes its affiliated collection societies;

“Artist” means the person(s), if any, designated as the “Artist” when a Catalogue item is Submitted.

“Catalogue” is a collective and separate reference to any Recording, Video, or Other Digital Asset that is Submitted and any part of it.

“Composer” means the person(s), if any, designated as a “Composer” of a Composition when a Catalogue item is Submitted.

“Composition” means any musical composition (including lyrics) embodied in any Catalogue item./

“Director” means the person, if any, designated as the “Director” of a Video.

“Other Digital Assets” means digital assets, other than Recordings and Videos, that are owned or controlled by you and Submitted, such as album covers and other artwork, image files, marketing materials, trade names, trade marks, logos and similar assets or properties.

"Recording" means a Submitted sound recording in any format or media now or hereafter known;

“Registration” means the process by which data about you is supplied to us in the course of your becoming a registrant of the Website and in the course of which you indicate your understanding of and agreement to the terms of this Agreement.

“Submit”, “Submission” and “Submitted” means to upload material for use as Catalogue, under the Submission Guidelines.

“Submission Guidelines” means the technical specifications and instructions for delivering Catalogue to us and which appear from time to time on the Website.

“Video” means any Submitted cinematograph film.

“Muso’s Garage”, “us”, “our” & “we” are references to [INSERT CORPORATE NAME AND ABN] Muso’s Garage (for the time being trading as “Muso’s Garage”) and our contractors, licensees, assigns and successors in title.

“Website” means the website for the time being appearing at the home website located at URL www.musosgarage.com, and includes all variant names owned or controlled by [INSERT CORPORATE NAME] which may be directed and or forwarded to the home website.

“You” and “your” are references to the person (and if more than one, jointly and severally) named in Your Member Profile.

“Your Member Profile” means all or any data provided about you in the course of Registering and Submission, as amended or updated from time to time.

In the interpretation of this Agreement, unless the context otherwise requires: words and phrases defined in the Copyright Act 1968 (Cth) have the corresponding meaning in this Agreement; clause headings shall be disregarded; and words importing the singular include the plural and vice versa.

Term

The period of this Agreement shall commence on the date that you complete Registration and shall continue until either party terminates the Agreement by making the Catalogue unavailable.

Grant of Rights to Muso’s Garage

You retain your underlying copyright in the Catalogue items, subject only to this Agreement, under which you grant us a worldwide but non-exclusive licence to reproduce, communicate and perform (and, in the case of Recordings, cause the Recording to be heard in Public) the Catalogue, (subject only to the relevant rights of any third party, such as APRA or any mechanical reproduction fee collection society of whom you have notified us upon Submission of the relevant part of the Catalogue, and only via the Website),

and

to use the approved name, likeness and biography of any Artist in connection with the use of the Catalogue in accordance with this Agreement.

Without limiting the forgoing and by way of example, we may make and distribute promotional compilations for no charge to the public which embody Catalogue items and material supplied by other registrants of the Website, create RSS feeds and the like to third parties and include your Catalogue items on selected playlists.

Representations, Warranties and Indemnities

You warrant that you are the owner or controller of the entire copyright in the Catalogue and all necessary consents and approvals required for us to freely exercise the rights granted in this Agreement except to the extent that you have notified us otherwise upon Submission of the Catalogue.

You promise us that:

  • You have the power and unrestricted right to enter and agree to all the terms of this Agreement.
  • You will not enter any agreement that would interfere with the full and prompt performance of your obligations under this Agreement.
  • All data that is provided upon Registration and upon Submission (as amended from time to time) is true and accurate in every respect and that we may rely upon it in the exercise of our rights and powers under this Agreement;
  • Our use of the Catalogue in accordance with this Agreement will not infringe upon any third party copyright, trademark, patent, trade secret, or other third party proprietary, intellectual property, or contractual or other right;
  • No agreement of any kind previously entered into by you or entered into by you after the date of this Agreement will interfere in any manner with the rights granted to us under this Agreement;
    • except as otherwise expressly provided in this Agreement, you shall be solely responsible for the payment of any and all of the following:
      • all fees, income, monies, royalties or any other compensation due artists, producers, copyright owners, and all other third persons whose performance is embodied in any Recording or Video that is included in the Catalogue;
  • all publishing royalties payable to publishers, publishing administrators, writers and co-writers of Compositions that are included in the Catalogue;
  • any other fees, compensation, royalties or other monies due and or payable with respect to the artwork, metadata, trademarks and logos in the Catalogue or materials provided to us by you. In no event shall we be responsible for any such payments and you shall indemnify and hold us harmless from any and all claims, demands, causes of action, debts or liabilities, including reasonable solicitor's fees, paid or incurred by reason of any breach of the representations and warranties made by you in this Agreement.

You shall not:

  • manipulate, change or otherwise alter, reproduce or adapt any other persons’ material which you may access or obtain via the Website;
  • use the Website to harass, or intimidate or threaten any other users; or
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activities being conducted on the Website. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password (if any) with any third parties or use your password for any unauthorised purpose.
  • Without limiting clause 5.2 (f) (iii) you will indemnify us against any liability, loss, damage, cost or expense, caused by any breach by you of any provision this Agreement.

Our liability is limited

Other people provide content on the Website. We cannot guarantee that the content on the Website is true, accurate, not misleading or defamatory. You should not rely or act on the basis of any such information without making your own proper and detailed independent assessment of that information.

You acknowledge that you are using this Website and relying on material on this Website at your own risk. We provide this Website “as is” and to the extent permitted by law, unless expressly stated otherwise, we make no warranties, express or implied, in relation to the Website or the services supplied through this Website, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. We do not make any warranties that this Website will be available, complete, uninterrupted or error free.

We are not involved in any agreement that you may reach with another person through information located via the Website. We are not your agent or the agent of any of any person with whom you may seek to deal as result of information located via the Website. Accordingly, if you have a dispute with any other user of the Website, you release us (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such dispute.

We do not control, endorse or approve any material provided by you or by others via the Website.
To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Website or any other services provided by us are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to re-supply the services; or the payment of the cost of having the services re-supplied.

In no event will we (including our directors, officers, agents, employees or contractors) be liable for any: direct loss; or indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of the agreement formed on the basis of these Terms by us.

General

This Agreement contains the entire agreement between you and Muso’s Garage relating to the Catalogue and supersedes any prior agreement. The validity, construction, breach and operation of this Agreement shall be governed by the laws of and shall be adjudicated in the State of New South Wales.

When you Submit Catalogue material, we will take reasonable care to archive digital material. However, we shall not be liable for any loss, corruption or damage to any material you Submit or otherwise deliver to us. You acknowledge that we will have no obligations as the bailee of any such material.

You and Muso’s Garage are each independent contractors. This Agreement does not create any agency, partnership or employee/employer relationship between you and Muso’s Garage.